The Town Council enacts this legislation for the sole purpose
of securing and promoting the public health, comfort, safety and welfare
of its citizenry. While recognizing inherent constitutional rights
of freedom of speech and assembly, the Council nevertheless finds
that it is obligated to reasonably regulate the use of sound-amplifying
equipment in order to protect the correlative constitutional rights
of the citizens of this Town to privacy and freedom from the public
nuisance of loud noise.
It shall be unlawful for any person, other than personnel of
law enforcement or governmental agencies, to install, use or operate
within the Town sound-amplifying equipment out of doors in a fixed
or movable position or mounted upon any sound truck for any purpose
without first obtaining a permit from the Town Council if held by
an entertainment license holder, and from the Chief of Police or his
designee if not by an entertainment license holder.
Prior to the issuance of the permit statement, the applicant
shall pay the Town a fee in the amount of $100 for a permit by an
entertainment license holder, or $10 for a permit for a nonentertainment
holder if the loudspeaker or sound-amplifying equipment is to be used
for commercial purposes. No fee shall be required for the operation
of sound-amplifying equipment for noncommercial purposes by a nonentertainment
license holder.
Any person aggrieved by disapproval of a permit application
by the Chief of Police may appeal to the Town Council. There shall
be no appeal within the Town of disapproval of an entertainment license
holder permit application.
The commercial and noncommercial use of sound-amplifying equipment
shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech,
or both.
B. The operation of sound-amplifying equipment by holders of entertainment licenses in the Waterfront Area shall only occur in the hours set forth in §
152-4B, and outside of the Waterfront Area shall only occur between the hours of 10:00 a.m. and the legal closing hour of the establishment. The hours of operation may be further restricted by the issuer of the permit.
C. The operation of all other sound-amplifying equipment shall only
occur between the hours of 10:00 a.m. and 10:00 p.m. each day except
Sundays and legal holidays. No operation of said other sound-amplifying
equipment for commercial purposes shall be permitted on Sundays or
legal holidays. The operation of sound-amplifying equipment for noncommercial
purposes on Sundays and legal holidays shall only occur between the
hours of 10:00 a.m. and 7:00 p.m. The hours of operation may be further
restricted by the issuer of the permit.
D. The sound level emanating from nonstationary sound-amplifying equipment shall not exceed 10 dbA or 10 dbC above the maximum permitted sound level, as set forth in §
152-4 hereof.
E. Notwithstanding any other provision of this chapter to the contrary,
sound-amplifying equipment shall not be operated within 200 feet of
schools, hospitals or Town buildings.