[Amended 1979 by Ord. No. 67; 1992 by Ord. No. 225]
A.
It shall be unlawful for any person to make, continue,
or cause to be made or continued any loud or raucous noise which:
(1)
Is offensive to persons of ordinary sensibility in
the vicinity thereof; or
(2)
Causes material distress, discomfort, or injury to
persons of ordinary sensibility in the immediate vicinity thereof;
or
(3)
Substantially impairs the peaceable enjoyment of public
or private property; or
(4)
Substantially interferes with the public peace by
disturbing the comfort, tranquility, and repose of persons in the
vicinity thereof.
B.
The following acts, among others, are declared to
create loud and raucous noises, and shall be deemed a violation of
this section, but such enumeration shall not be deemed to be inclusive:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus, or other vehicle, except as a danger signal in conformity
with state law;
(2)
The playing of any radio, phonograph, musical instrument,
tape player, compact disk player, or similar device in such manner
and with such volume as to disturb the peace, quiet, comfort or repose
of persons;
(3)
The discharge into open air of the exhaust of any
steam or internal combustion engine, whether movable or stationary,
except through a muffler or other device which will effectively and
efficiently prevent the emission of loud and raucous noises therefrom;
(4)
The erection, excavation, demolition, alteration or
repair of any building or structure in or adjacent to a residential
area, hotel or motel between the hours of 9:00 p.m. and 7:00 a.m.
on weekdays and between 6:00 p.m. and 7:00 a.m. on weekends, except
in situations involving the interests of public safety, official government
business, or the protection of the subject property;[1]
(5)
The operation of a chain saw or other engine-powered
equipment in or adjacent to a residential area, hotel or motel between
the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between 6:00
p.m. and 7:00 a.m. on weekends;[2]
(6)
The demolition, repair or alteration of a motor vehicle
or equipment or parts thereof in connection with which there is produced
any loud or raucous noise which causes material distress to inhabitants
in the vicinity or which substantially impairs the use and enjoyment
of adjacent property.
[Amended 1983 by Ord. No. 108]
It is unlawful for any person to use a sound
amplifier or use or cause to be used any bell, horn, bugle or other
sounding instrument, or to employ any loud noise or offensive device
or performance as a means of attracting people for any purpose whatsoever,
without permission in writing from the Mayor.
[Amended 1983 by Ord. No. 108; 1997 by Ord. No. 316]
A person commits breach of the peace if the
person disturbs the peace of the Town or its inhabitants by unreasonably
loud noise or music or by using threatening, abusive, or obscene language
or violent actions with knowledge or probable cause to believe the
peace will be disturbed by such threatening, abusive, or obscene language
or violent actions. Breach of the peace is a misdemeanor punishable
by a fine not to exceed $750, imprisonment not to exceed six months,
or both.
[Amended 1983 by Ord. No. 108]
Whoever, by any loud, unnecessary talking, or by any threatening, abusive, profane or obscene language, or violent actions, or by any other rude behavior, interrupts, molests or disturbs any collection of any inhabitants of this Town convened for the purpose of worship, or any lawful assembly of people, fair or exhibition, or any person present thereat, or going to or returning therefrom, or who in like manner interrupts, molests or disturbs any meeting of inhabitants of this Town, met together for any lawful purpose, upon conviction, shall be punished as provided in Article IX, Penalty, of this chapter.
[Amended 1983 by Ord. No. 108]
It is unlawful for any two or more persons to
assemble together in this Town with the intent to do any unlawful
act, with force or violence against the property of the Town, or the
person or property of another, or against the peace or to the terror
of others, and to make any movement or preparation therefor.
[Added 9-25-2006 by Ord. No. 2006-398]
It shall be unlawful for the driver of any truck
or other motor vehicle to use or operate or cause to be used or operated
within the Town any mechanical exhaust device, or engine compression
brake, designed to be used in the braking or deceleration of any truck
or other vehicle which results in the excessive, loud, unusual, or
explosive noise from such vehicle, or otherwise engage in engine compression
braking. It is an affirmative defense to a violation of this section
that engine compression braking was used on an emergency basis to
avoid damage to property or to avoid personal injury.
