For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
COMMERCIAL LAND USE
Property zoned or used for the sale of goods and services
or for office uses.
DAYTIME
Between 7:00 a.m. and 9:00 p.m. local time.
dB(A)
Abbreviation for the sound level in decibels determined by
the A-weighing network of a sound-level meter or by calculations from
octave band or 1/3 octave band data.
DECIBEL
A unit of measure equal to 10 times the logarithm to the
base ten of the ratio of a particular sound pressure squared. For
purposes of this chapter, 20 micropascals shall be the standard reference
pressure.
NIGHTTIME
Between 9:00 p.m. and 7:00 a.m. local time.
PERSON
Any individual, group, firm, association, agency, or other
entity.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of the medium. The description
of sound may include any characteristic of such sound, including duration,
intensity, and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency
weighing network, such as A, B, or C as specified in American Standards
Institute specifications for sound-level meters (ANSI SI.4-1971, or
the latest approved revision thereof). If the frequency weighing employed
is not indicated, the A-weighing shall apply.
SOUND-LEVEL METER
An instrument designed to measure noise levels, meeting ANSI
SI.4-1971 (or latest approved revision thereof) specifications.
TRAINED OPERATOR
A person who has been trained in the use of the specific
sound-level meter and can demonstrate proficiency in the operation
of such, and has a general working knowledge of instrument employed.
UNNECESSARY NOISE
Excessive or unusually loud noise or any noise which either
annoys, disturbs, injuries or endangers the comfort, repose, health,
peace or safety of others within the Town limits.
Generally. Loud and unnecessary noise which disturbs the public peace between the hours of 9:00 p.m. and 7:00 a.m., local time, except as otherwise provided in this chapter, shall be deemed a public nuisance and is prohibited. Sound levels measured from the property line of the source not in compliance with levels specified in §
250-2 of this chapter are presumed a public nuisance, and subject the violator to the penalties set forth in §
250-6.
A. 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 any 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 for any reason held up.
B. Use of radios, phonographs and musical instruments. The using of,
operating of 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 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 using of, operating of 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 between the hours of 9:00 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.
C. Yelling, shouting, hooting, whistling and singing. Yelling, shouting,
hooting, whistling or singing on the public streets or from private
property at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, hotel or other type
of residence or any persons in the vicinity. Yelling, shouting, hooting,
whistling or singing on the public streets or private property at
any time or place in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle from which the
noise emanates.
D. The operation of any vehicle equipped with any broadcasting, record-playing or amplification system when any music, the human voice or any other noise shall be broadcast from said vehicle except as authorized by §
360-18.
Any owner of property who shall permit loud and unnecessary
noise or noises which is in violation of the level established by
this chapter shall be subject to the penalties hereof in addition
to any and all occupants or visitors of said property causing prohibited
noises.