[Amended 4-26-1993 by Ord. No. 411-93]
It shall be unlawful for any person to make or cause to be made
or continued any loud, unnecessary, unnatural or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the corporate
limits of the City or to violate any provision of this article.
A.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article:
(1)
The
sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street, way, avenue or alley or other public
place of the City, except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound;
the sounding of any such device for an unnecessary or unreasonable
length 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 congested or stalled.
(2)
The
production of noise if:
(a)
The volume is louder than necessary for convenient hearing by
a person or persons who are in the room, vehicle, or chamber or on
the property from which the noise originates or is clearly audible
at a distance of 50 feet from the building, structure, vehicle or
property from which the noise emanates.
(b)
The noise emanating from streets or other public ways or property
is so loud as to disturb the peace, quiet and comfort of other persons
immediately adjacent thereto.
(c)
The volume is louder than is necessary for the convenient hearing
of the individuals who are creating or causing the noise.
(d)
The volume is louder than necessary for the convenient hearing
of the individuals who are adjacent thereto and who are voluntary
listeners.
(3)
Vocal
noises such as yelling, shouting, whistling, singing or hooting on
either public or private property if such noise annoys or disturbs
the peace, quiet and comfort of the persons in the dwelling, residence
or commercial facility and the person or persons making such noise
have been warned to cease such noisemaking.
(4)
Frequent
or long-continued noise from dogs in residential communities, if such
noise annoys or disturbs the peace, quiet and comfort or persons in
any dwelling, residence or commercial facility and the person or persons
owning or in control of such dog or dogs have been warned to prevent
and eliminate such noise.
B.
Except as provided, the following noises are prohibited within the
corporate limits of the City of Aberdeen:
The following are exceptions to those noises prohibited or regulated under § 250-27:
A.
Any sound amplification device used in any public parade, meeting,
athletic event, procession, public concert or fund-raising event authorized
by the City and operated under the auspices of the City or charitable
or civic organizations.
B.
Any sound amplification device used by religious institutions or
in conjunction with religious worship services as long as such devices
are not unreasonably loud or disturbing or of such character, intensity
or duration as to be detrimental to the peaceful and tranquil living
within the community.
C.
Any sound amplification used on a public building when authorized
by the City of Aberdeen.
D.
Devices used solely for the purpose of warning, protecting or alerting
the public or some segment thereof of the existence of any emergency
situation, including but not limited to police or fire sirens or devices
indicating the need for public utility repair.
E.
Loudspeakers and amplifiers, whether fixed or mobile, to be used
to direct Christmas music outside of buildings and into the streets
of the City of Aberdeen from December 15 to December 31 each year
between the hours of 8:00 a.m. and 10:00 p.m.
F.
Loudspeakers and amplifiers if authorized by the City Manager.
[Amended 10-27-2003 by Ord. No. 640-03]
Each violation of this article is deemed to be a municipal infraction.[1] Any person violating any provision of this article shall
be subject to the following civil penalties:
