[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 5-3
of the Revised General Ordinances. Amendments noted where applicable.]
It shall be unlawful for any person to make, to continue, or
cause to be made or continued and allowed, unnecessary or unusual
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 Town of Newton.
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine or device for the amplification of the human
voice, music or any other sounds. Sound-amplifying equipment as used
herein shall not be construed as including standard automobile radios
when used and heard only by occupants of the vehicles in which they
are installed, or warning devices on authorized emergency vehicles,
or horns or other warning devices on other vehicles used only for
traffic safety purposes.
A motor vehicle or any other means of conveyance having mounted
thereon or attached thereto any sound-amplifying equipment.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this chapter, but enumerations shall not be
deemed to be exclusive:
A.Â
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, street car, or other vehicle
on any street or public place of the Town, except as a danger warning;
the creation by means of any such signaling device or any unreasonably
loud or harsh sound; the sounding of any such device for any 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.
B.Â
Radios, phonographs, etc. Using, operating or permitting to be played,
used or operated 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 at louder volume than is necessary
for convenient hearing for the personal enjoyment of persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners; the operation of any 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 chapter.
C.Â
Loudspeakers, 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, whether producing or reproducing 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.
D.Â
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or
singing in the public street, particularly between the hours of 11:00
p.m. and 7:00 a.m. or 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.
E.Â
Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler, except to give notice of
the time to begin or stop work or as a warning of fire or danger,
or upon request of proper Town authorities.
F.Â
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
G.Â
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to a school, institution of learning,
church or courthouse while the same are in use, or adjacent to a hospital,
which unreasonably interferes with the workings of such institutions
or which disturbs or unduly annoys patients in such hospitals; provided
that conspicuous signs are displayed in the streets indicating that
located thereon is a school, hospital or court house.
H.Â
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
I.Â
Miscellaneous night noises. The "warming up" of diesel motors or
motor vehicles; creation of loud or excessive noise in connection
with loading or unloading of any vehicle; the repair, erection or
demolition of any building, or the creation of any other loud or raucous
sound or noise between the hours of 11:00 p.m. and 7:00 a.m. in proximity
to any dwelling, residence or other inhabited buildings.
J.Â
The sound of any construction vehicles and/or equipment in operation
that creates unreasonably loud or harsh sounds, including engine noise
which shall be prohibited at commercial and residential development
construction sites every day between the hours of 10:00 p.m. and 7:00
a.m., as well as on Sundays; except during emergency or disaster situations
that require immediate action, regardless of when such emergencies
or disasters occur.
No person shall operate or cause to be operated any sound truck,
either for commercial or noncommercial purposes in the Town with sound-amplifying
equipment in operation.
A.Â
Registration required. No person shall use or cause to be used any
sound-amplifying equipment for noncommercial purposes in the Town
before filing a registration statement with the Clerk in writing.
This registration statement shall be filed in duplicate and shall
state the following:
(1)Â
Name and address of applicant.
(2)Â
Name and address of person who owns the sound-amplifying equipment.
(3)Â
Name and address of persons having direct charge of the sound-amplifying
equipment.
(4)Â
The purpose for which the sound-amplifying equipment will be used.
(5)Â
A statement identifying the place or premises on which the sound-amplifying
equipment will be used.
(6)Â
The proposed hours of operation of the sound-amplifying equipment.
(7)Â
The number of days of proposed operation of such equipment.
(8)Â
A general description of the sound-amplifying equipment which is
to be used.
(9)Â
The maximum sound producing power of the sound-amplifying equipment,
including the wattage to be used, the volume in decibels of the sound
which will be produced, and the approximate maximum distance that
the sound can be heard.
B.Â
Registration statement amendment. All persons using or causing to be used sound-amplifying equipment must file amendments to the registration statement pursuant to Subsection A of this section within 48 hours after any change in the information therein furnished.
C.Â
Registration and identification. The Clerk shall return to the applicant
one copy of the registration statement duly certified by the Clerk
as a correct copy of the application. The certified copy of the application
shall be in the possession of any person operating the sound-amplifying
equipment at all times while it is in operation, and it shall be prominently
displayed and shown to any police officer of the Town upon request.
Noncommercial use of sound-amplifying equipment shall be subject
to the following regulations:
A.Â
The only sounds permitted are music or human speech.
B.Â
Operation is permitted for four hours each day, except on Sundays
and legal holidays when no operations shall be authorized. The permitted
four hours of operation shall be between the hours of 11:30 a.m. and
1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m. The sound-amplifying
equipment shall not be operated within 100 yards of hospitals, schools,
churches or court houses.
C.Â
The human speech and music amplified shall not be profane, lewd,
indecent or slanderous.
D.Â
The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 100 feet from the sound-amplifying equipment,
and so that the volume is not unreasonably loud, raucous, jarring,
disturbing or a nuisance to persons within the area of audibility.
E.Â
No sound-amplifying equipment shall be operated within excess of
15 watts of power in the last stage of amplification.
The following uses of sound-amplification equipment are hereby
specifically excepted and excluded from the intent of this chapter:
A.Â
Use of sound-amplification equipment by Town and county, state or
federal governments or agencies in connection with any emergency or
other governmental or educational function, or use of any program
or activity sponsored by the Town Council.
B.Â
Use of sound-amplification equipment by persons at Memory Park in
the Town, provided that such equipment is operated in strict accord
with the rules and regulations of the Recreation Commission.
C.Â
Use of sound-amplification equipment in enclosed buildings where
the sound is not audible at a distance of 50 feet from such buildings.
