[HISTORY: Adopted by the City Council of the City of Walhalla 9-17-2002 by Ord. No. 2002-10. Amendments noted where applicable.]
A. 
Any unreasonably loud, disturbing or unnecessary noise which causes material distress, annoyance, discomfort, endangerment or injury to a person of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited.
B. 
Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared a nuisance and is hereby prohibited.
For purposes of this chapter, "person" means any individual, partnership, association, corporation or joint venture.
A. 
It shall be unlawful for any person to create or continue, or cause to be created or continued, any such nuisance.
B. 
It shall be unlawful for any person, whether present or not, to allow or permit the creation or continuance of any such nuisance at or on the premises over which such person has dominion or control.
C. 
It shall be unlawful for any person to interfere with or obstruct any duly constituted law enforcement officer in the performance of his/her duties while enforcing the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following acts, among others, are declared to be nuisances in violation of this chapter, but such enumerations shall not be exclusive:
A. 
Musical instruments, radios, phonographs, etc. The using, playing or operating or permitting the use, play or operation of any musical instrument, radio, phonograph, cassette player, compact disc player, television set or other machine or device for the producing or reproducing of sound in such a manner or with such volume as to disturb the peace, quiet, comfort and repose of persons nearby.
B. 
Loudspeakers and amplifiers. The use of loudspeakers or amplifiers in such a manner or with such volume as to disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities in the immediate vicinity thereof.
C. 
Yelling, shouting, etc. Yelling, shouting, hooting or making or causing to be made any loud, boisterous and unreasonable noise which disturbs other persons of ordinary sensibilities in the immediate vicinity thereof.
D. 
Operation of vehicles. The running of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create excessively loud noise or unnecessary grating, grinding, jarring, rattling or vibrating noise, the racing of any motor vehicle engine while such vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same between the hours of 7:00 a.m. and 10:00 p.m.
E. 
Horns and other signal devices on vehicles. The sounding of a vehicle horn or signal device except as a danger or warning signal; the continued or frequent sounding of any vehicle horn or signal device for an unnecessary or unreasonable period of time.
F. 
Construction work. The erection, excavation, demolition, renovation, alteration or repair work on any building or building site, or the clearing of any tract of land between the hours of 10:00 p.m. and 6:00 a.m. which results in excessive and disturbing noise, except in cases of urgent necessity in the interest of public convenience or safety.
G. 
Near schools and churches. Any excessive noise in the vicinity of a church, school or other institution of learning, or court of law while the same is in session or rest home, nursing home or residential care center which unreasonably interferes with the working of such institution(s) or which unduly disturbs residents, patients, students and/or those in attendance at such institutions.
A. 
This chapter does not apply to noise emanating from industrial and manufacturing operations, governmental activities, airports and aircraft, railways, emergency signal devices, firearms discharged as a result of lawful game hunting, agricultural activities, parades, carnivals, school band practice or performances, and school- or government-sponsored athletic events.
B. 
Additionally, this chapter does not apply to noise between the hours of 7:00 a.m. and 10:00 p.m. which emanates from lawn and yard maintenance activities, tree harvesting or clearing or explosives for construction and land clearing.
C. 
Any lawful business operating as of the date of this chapter that is not in compliance with this chapter and does not fall under exceptions set out in this chapter shall have six months from the date of this chapter to come into compliance with this chapter.
D. 
Any lawful business or activity operating as of the date of this chapter that is not in compliance with this chapter and does not fall under exceptions set out in this chapter will nevertheless be considered to be in compliance with this chapter if said lawful business or activity has existed or occurred on or at its present location and made noise that is not in compliance with this chapter prior to the complaining party moving to an area that is affected by the noise.
A. 
The City of Walhalla Police Department or any duly constituted law enforcement officer will enforce the provisions of this chapter. After receiving a complaint and upon a finding by the officer of a violation, or upon the occurrence of a violation in the officer's presence which would be in the public interest to quell, the officer may take any one of the following actions:
(1) 
Warn the offender, who will have the opportunity to immediately abate the offending noise without penalty. If the violation continues or reoccurs the officer may cite or arrest the violator.
(2) 
Issue a courtesy summons to appear in Municipal Court.
(3) 
Make a custodial arrest.
B. 
Officers may consider the following factors, among others, when deciding the appropriate method of enforcement:
(1) 
Number of citizen complaints.
(2) 
Proximity and density of nearby dwellings or other occupied structures or areas.
(3) 
Prior complaints regarding the same offender or same location.
(4) 
Cooperation of violator and likelihood of compliance.
(5) 
Nature and volume or intensity of noise.
(6) 
Time of day.
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall for every offense be punished by imprisonment in jail not exceeding 30 days or by a fine not exceeding $500, or both. Each day on which there is any violation of this chapter shall constitute a separate and distinct violation and offense.