[HISTORY: Adopted by the Board of Trustees
of the Village of Naples 11-5-1974 by L.L. No. 1-1974.
Amendments noted where applicable.]
A.
The making or creation of excessive, unnecessary or
unusually loud noises within the limits of the Village of Naples is
a condition which has existed for some time and the frequency and
volume of such noises are increasing.
B.
The making, creation or maintenance of such excessive,
unnecessary, unnatural or unusually loud noises which are prolonged,
unusual and unnatural in their time, place and use affects and is
a detriment to the public health, comfort, convenience, safety, welfare
and prosperity of the residents of the Village of Naples.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Village of Naples and
its inhabitants.
A.
It shall be unlawful for any person to make, continue
or cause to be made or continued any excessive, unnecessary or unusually
loud noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others,
within the limits of the Village.
B.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of the law,
but said enumeration shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, or other vehicle
on any street or public place of the Village, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound and the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
(2)
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 a.m. in such a
manner as to be plainly audible at a distance of 50 feet from the
building, structure or vehicle in which it is located shall be prima
facie evidence of a violation of this subsection.
(3)
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
(4)
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling, or singing on the public streets, particularly between
the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as
to annoy or disturb the quiet, comfort, or repose of persons in any
office, or in any dwelling, hotel or other type of residence, or of
any persons in the vicinity.
(5)
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long-continued noise shall disturb
the comfort or repose of any persons in the vicinity.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine, motorboat,
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(7)
Defect in vehicle or load. The use of any automobile,
motorcycle, or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
[Amended 7-16-2008 by L.L. No.
4-2008]
Any person violating any of the provisions of
this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be punished by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
be punishable as such hereunder.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety, or
the general welfare. It is not intended to interfere or abrogate or
annual other rules, regulations or ordinances, provided that whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the highest standards, shall govern.
