Any unreasonably loud, disturbing or unnecessary noise which causes distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, or any noise of such character, intensity and duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is prohibited and deemed a nuisance.
(2002 Code, sec. 7.101)
The following acts, among others, are declared to come within the purview of this article and to be nuisances within the meaning hereof, but said enumerations shall not be deemed exclusive, such acts being as follows:
(1) 
The playing of any radio, digital device, or other musical instrument in such a manner or with such volume, particularly during the hours from 10:00 p.m. until 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence, however, that upon application by user of such devices, the town council may make special exemption or exception to this clause for such times as council deems will serve the public welfare.
(2) 
The use of any stationary loudspeaker or amplifier, particularly during the hours from 10:00 p.m. until 7:00 a.m., to produce a noise or sound of such intensity that annoys or disturbs persons of ordinary sensibilities in the immediate vicinity thereof unless such sound is the result of a loudspeaker system used in conjunction with a sporting event or when such sporting event is in conjunction with other activities approved by the town council.
(3) 
The continued or frequent sounding of any horn or other signal device on any automobile or other vehicle except as a danger or warning signal, or the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary purpose or unreasonable period of time.
(4) 
The blowing of any steam whistle attached to any stationary boiler, except when giving notice of the time to commence or stop work, or as a warning of danger.
(5) 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle or boat engine, except through an exhaust system in good working order and in constant operation to prevent excessive or unusual noise.
(6) 
The use of any mechanical device operated by compressed air, unless the noise to be created thereby has been effectively muffled and reduced.
(7) 
The keeping of any domestic animal which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity.
(8) 
Causing, allowing, permitting or keeping any animals or livestock in pens or enclosed areas kept in such a manner as to become offensive, producing odors capable of annoying persons living in the immediate vicinity, or kept in an unsanitary condition.
(9) 
Causing, allowing or permitting to be dumped the contents of cesspools or septic tanks so as to flow over any premises.
(10) 
Causing, allowing or permitting any unreasonable noxious, unpleasant, or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof.
(11) 
The burning of any grass, weeds, or brush when not in strict compliance with regulations of the fire department which has authority to control such burning.
(12) 
The creation of any excessive or unreasonable noise on any street or premises adjacent to any school, place of religious worship, or other institution of learning while the same is in session, or any medical center or care facility, which unreasonably interferes with the operation or use of any such institution.
(13) 
The raucous shouting or crying of peddlers, hawkers or vendors which unreasonably disturbs the peace and quiet of any neighborhood.
(14) 
The use of any drum, loud speaker, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise.
(15) 
Any construction activity related to the erection, excavation, demolition, alteration, or repair of any building in or adjacent to a residential area, other than between the hours of 7:00 a.m. and 10:00 p.m., except that the mayor or designee may issue a written permit to exceed these hours in the case of urgent necessity, in the interest of public safety, or for other reasons determined by the mayor or designee.
(A) 
Notice must be posted at the property 3 days prior to performance of work by an 18 x 24 inch sign easily readable thirty (30) feet from the public thoroughfare at the site’s street address, for which an exemption has been granted, including what type of work is to be done, the date and time work is to commence, and the date the exemption will end.
(B) 
Written notice to residents of residential areas within 300 feet of the construction lot is to be received 3 days prior to performance of work for which an exemption has been granted, including what type of work is to be done, the date and time the work is to commence, and the date the exemption will end.
(2002 Code, sec. 7.102; Ordinance 2010-0308-02 adopted 3/8/10; Ordinance 2013-1216-02 adopted 12/16/13; Ordinance adopting Code)
Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every day’s violation shall constitute a separate offense.
(2002 Code, sec. 7.103)