The following acts, among others, are declared to be nuisances
in violation of this chapter, but said enumeration shall not be deemed
to be exclusive:
(1) The
playing of any radio, phonograph, tape player or other electronic
device of a similar nature, or any musical instrument, in such manner
or with such volume, during the hours between 10:00 p.m. and 7:00
a.m., as to annoy or disturb the quiet, comfort, or repose of persons
of ordinary sensibilities in any dwelling or other type of residence,
such persons being either indoors or outdoors at any such location.
(2) The
running of any automobile, motorcycle, or vehicle so out of repair
or so loaded, or operating a vehicle in any such manner, as to create
loud or unnecessary grating, grinding, jarring, or rattling noise
or vibrations.
(3) The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle engine or boat engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(4) The
use of any mechanical device operated by compressed air, unless the
noise to be created is effectively muffled and reduced to prevent
loud or explosive noises therefrom.
(5) The erection, including excavation, demolition, alteration or repair work, of any building, other than between the hours of 7:00 a.m. and 7:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, or during any town-declared holiday, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager in accordance with section
8.04.003, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager during the time the emergency exists. If such work shall be of a commercial nature, shall occur wholly within any portion of the CPDD zone, and is a minimum of 1,000 linear feet of any occupied residential structure, work may begin at 6:00 a.m. and continue until 9:00 p.m., Monday through Saturday, and 8:00 a.m. until 9:00 p.m. on Sundays.
(6) The operation of any heavy equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, cement laying or pouring, drilling or work of any nature, or the operation of any chainsaw, other than between the hours of 7:00 a.m. and 7:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, or during any town-declared holiday, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager in accordance with section
8.04.003, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager during the time the emergency exists. If such work shall be of a commercial nature, shall occur wholly within any portion of the CPDD zone, and is a minimum of 1,000 linear feet of any occupied residential structure, work may begin at 6:00 a.m. and continue until 9:00 p.m., Monday through Saturday, and 8:00 a.m. until 9:00 p.m. on Sundays.
(1998 Code, sec. 94.30; Ordinance 2008-5-6D adopted 5/6/08)
This article is not intended to prohibit and shall not prohibit
in any way the operation of power lawnmowers or other lawn equipment
or any equipment used for agricultural purposes or golf course or
lawn maintenance.
(1998 Code, sec. 94.31)
In addition to the fines and penalties set forth in section
1.01.009 for the enforcement of the provisions of this article, the town may enforce the provisions hereof by injunctive relief through an appropriate court of competent jurisdiction.
(1998 Code, sec. 94.33)