[HISTORY: Adopted by the Town of Ogunquit as Title II, Ch.
4, of the 1980 Code. Amendments noted where applicable.]
A.
A person shall not operate or permit the operation of any radio or
other receiving set, musical instrument, phonograph or other machine
or device that produces sound in such manner as to disturb the peace
of any person on adjacent public or private property, or at any time
with louder volume than is necessary for the convenient hearing of
any person who is in the room, chamber, or vehicle in which such machine
or device is operated and who is a voluntary listener. The operation
of any such machine or device between the hours of 9:00 p.m. and 7:00
a.m. in such manner as to be plainly audible on adjacent public or
private property or more than 50 feet away on public property from
the building, structure, or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
B.
The hours of 7:00 a.m. to 8:00 p.m. shall be considered to be normal
hours for operation of sound-producing appliances and equipment such
as lawn mowers, power saws, tractors, and similar equipment.
C.
A person shall not yell, shout, hoot, whistle, or sing in any public
areas so as to be plainly audible more than 50 feet away, or in any
other place where such sound is plainly audible on adjacent public
or private property in such manner as to disturb the peace of any
other person. It shall be prima facie evidence of a violation of this
section for a person to make such sound between the hours of 9:00
p.m. and 7:00 a.m.
D.
An exception to this section shall be made for a person having an
exterior alarm device, provided that such person has obtained a permit
to operate that device from the Town Manager. The Select Board is
authorized to establish fees for exterior alarms consistent with fees
for other alarms.
[Amended 6-8-2021 ATM by Art.
9]
[Amended 6-8-2021 ATM by Art.
9]
Except where specified, the penalty for violation of this article
shall be no less than $100 nor more than $1,000 for each violation.
Each day that a violation occurs or continues shall be considered
a separate offense. Fines collected for violation of this article
shall be recovered for use of the Town of Ogunquit.
[Added effective 3-3-1984]
A.
Title. This article may be referred to as the "1984 Noise Control
Ordinance."
B.
Purposes. The purposes of this article are to supplement existing
noise control ordinances, to recognize that the hours of 9:00 p.m.
to 7:00 a.m. are the normal and traditional hours for citizens of
and visitors to the Town to rest and relax, to ensure that noise (other
than noise ordinarily caused by human conversation and movement) created
during those times by any citizen or visitor does not interfere with
or infringe upon the rights of other citizens and visitors to the
quiet enjoyment of their lives and property and to otherwise promote
and protect the public's health, safety and general welfare.
[Amended 4-5-2003 ATM]
A.
Between the hours of 9:00 p.m. and 7:00 a.m., no person shall make
or permit any noise from whatever source and however transmitted,
which noise can be heard by any other person not consenting thereto
and which:
B.
In addition, no person shall cause any amplified or broadcasted sounds
to be transmitted out of doors from a commercial property at any time
where such noise can be heard by any other person not consenting thereto
from any other real estate parcel.
For the purpose of enforcing this article, boundary lines as
shown on the Town's Tax Maps shall be prima facie evidence of those
boundaries.
This article shall not apply to:
A.
The normal
operation of vehicles in the ordinary course of transportation;
B.
Noise generated
by ordinary pedestrian traffic;
C.
Noise necessary
for public health, safety and welfare such as fire and burglar alarms
and police, fire and rescue sirens; or
D.
Noise created
by human voices, unamplified by electronic or other means, in the
course of ordinary conversation.
The Town's regular and special police officers and Code Enforcement
Officer are authorized to enforce the provisions of this article and
regulations thereunder.
[Amended 6-8-2021 ATM by Art.
9]
Whoever violates any of the provisions of this article shall
be liable for a civil penalty of not less than $100 nor more than
$1,000 for each violation, in addition to being subject to injunctions
issued by a court of law. Civil penalties shall inure to the benefit
of the Town. Each day of violation and each occurrence shall constitute
a separate and distinct offense. Prosecutions for violation of this
article shall not prevent prosecutions or appropriate administrative
actions for violations of other ordinances.
The invalidity of any provision of this article shall not invalidate
any other provision thereof.
This article shall become effective on March 3, 1984.
