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.
A.
Application for nonentertainment license holder. Every person not
holding an entertainment license and seeking to use sound-amplifying
equipment shall file a permit application with the Police Department.
A permit issued hereunder shall be valid for a maximum period of one
week; application shall be made at least 24 hours prior to issuance.
The application shall contain the following information:
(1)
The name, address and telephone number of the person to whom the
permit is to be issued;
(2)
The license and motor number if a sound truck is to be used;
(3)
A general description of the sound-amplifying equipment which is
to be used; and
(4)
Whether the sound-amplifying equipment will be used for commercial
or noncommercial purposes.
B.
Approval of nonentertainment license holder permit applications.
The Police Chief shall return to the applicant an approved certified
copy of the permit statement unless he or she finds that:
(1)
The conditions of the motor vehicle movement are such that, in the
opinion of the Chief of Police, the use of the equipment would constitute
a detriment to traffic safety;
(2)
The conditions of pedestrian movement are such that use of the equipment
would constitute a detriment to traffic safety; or
(3)
The permit statement would violate one or more of the provisions
set forth elsewhere in this chapter.
C.
Disapproval of nonentertainment license holder permit. In the event
the permit application is disapproved, the Chief of Police shall endorse
thereupon his or her reasons for disapproval and return it forthwith
to the applicant.
D.
Application for entertainment license holder. Every person holding
an entertainment license and seeking to use sound-amplifying equipment
shall file a permit application with the Town Clerk, with such application
to be developed by the Town Manager and Town Clerk. A permit for use
by an entertainment license holder shall be valid for a period of
up to one year.
E.
Approval or disapproval of entertainment license holder applications.
The Town Council shall hold a public hearing on all such applications,
and may approve, approve with conditions, or disapprove of such amplification
permit, consistent with the purposes of this chapter,
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.
