It shall be unlawful for any person to make, continue, or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others, within the limits
of the town.
(1999 Code, sec. 7.201)
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article, but said enumeration
shall not be deemed to be exclusive, namely:
(1) Horns and signaling devices on vehicles.
The sounding
of any horn or signaling device on any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the town, except
as a danger warning; any unreasonably loud or harsh sound; and the
sounding of any such device for an unnecessary and unreasonable period
of time are prohibited. 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 is also prohibited.
(2) Radios and phonographs.
The using, operating 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 is prohibited.
The operation of any such set, instrument, phonograph, machine, or
device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner
as to be plainly audible at a distance of fifty feet (50') from the
building, structure or vehicle in which it is located shall be prima
facie evidence of a violation of this section.
(3) Use of loudspeakers or amplifiers for advertising.
The
using, operating or permitting to be played, used, or operated any
radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure is prohibited.
(4) Yelling, shouting, etc., on streets.
Yelling, shouting,
hooting, whistling, or singing on the public streets, particularly
between the hours of 11:00 p.m. and 7.00 a.m., or at any time or place
so as to annoy or disturb the quiet, comfort or repose of persons
in any office, or in any dwelling, hotel or other type of residence,
or of any persons in the vicinity, is prohibited.
(5) Exhausts without muffler.
The discharge into the open
air of the exhaust of any steam engine, stationary internal combustion
engine, motorboat, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom
is expressly prohibited.
(6) Defect in vehicle or load.
The use of any automobile,
motorcycle, or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise is prohibited.
(7) Hawkers and peddlers.
The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
is prohibited.
(8) Use of drums or other instrument for attracting attention.
The use of any drum or other instrument or device for the purpose
of attracting attention by creation of noise to any performance, show
or sale is prohibited.
(9) Blowers and other engines.
The operation of any noise-creating
blower or power fan or any internal combustion engine, the operation
of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine
is equipped with a muffler device sufficient to deaden such noise,
is prohibited.
(10) Construction work.
Construction and construction related
activities, including but not limited to the maintenance, servicing
and fueling of construction equipment and the delivery of construction
related materials and/or equipment, within 600 feet of a residence
at times other than between the hours of 7:00 a.m. and 7:00 p.m. on
Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturday and
Sunday.
(A) Construction means any site preparation, assembly, erection, substantial
repair, alteration, demolition, or similar action, for or of public
or private rights-of-way, structures, utilities or similar property.
(B) Emergency repair work necessary to restore or maintain service of
a public utility is exempt.
(1999 Code, sec. 7.202; Ordinance 18-1213B adopted 12/13/18)