For the purposes of this article, the following terms shall be defined as follows:
Ambient noise level.
The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location.
Daytime hours.
The period from 7:00 a.m. to 6:59 p.m.
dB(A).
The intensity of a sound expressed in decibels.
Emergency.
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss that demands immediate action.
Emergency work.
Any work performed for the purpose of (i) preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, (ii) restoring property to a safe condition following a fire, accident, or natural disaster, (iii) protecting persons or property from exposure to danger, or (iv) restoring public utilities.
Nighttime hours.
The period between 7:00 p.m. and 6:59 a.m.
(Ordinance 07-11, sec. 1(1), adopted 10/15/2007)
No activity shall be conducted within the territorial limits of the town in such a manner so as to create any noise which causes the exterior noise level when measured at a distance of three hundred feet from the nearest property line of the property emitting the noise, that exceeds the ambient noise level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours.
(Ordinance 07-11, sec. 1(2), adopted 10/15/2007)
Adjustments to the noise standards as set forth above in section 8.02.002 of this article may be permitted in accordance with the following:
Permitted Increase
(dB(A))
Duration of Increase
(minutes)*
5
15
10
5
15
1
20
Less than 1
*Cumulative minutes during any one hour.
(Ordinance 07-11, sec. 1(3), adopted 10/15/2007)
Acoustical blankets, sound walls, mufflers, sound reducing screening or other alternative methods consistent with the town's regulations may be used to ensure compliance. Soundproofing must be installed in such a manner so as not to create a fire hazard.
(Ordinance 07-11, sec. 1(4), adopted 10/15/2007)
A citation shall be issued for the failure to correct any violation within 24 hours of the notice of said violation by the town.
(Ordinance 07-11, sec. 1(5), adopted 10/15/2007)
The following defenses shall apply to any offense established in this article, and the same must be specifically pled by anyone charged with a violation:
(1) 
The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime, or was produced pursuant to any safety rule or regulation of any governmental entity or agency.
(2) 
The sound was produced by an authorized emergency vehicle.
(3) 
The sound was produced by emergency work.
(4) 
The sound was generated:
(A) 
At a lawfully scheduled entertainment event;
(B) 
By a parade and spectators and participants on the parade route during a lawful parade;
(C) 
By a pyrotechnic display that was inspected and approved by the volunteer fire department.
(5) 
The sound was produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, which activity did not produce a sound exceeding 85 dB(A) when measured 300 hundred feet from the property line where the sound is being emitted.
(6) 
The sound was produced by aircraft, in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.
(7) 
The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used during daytime hours when the sound is being produced for the maintenance or upkeep of the property on which it was operated.
(8) 
The sound was produced by church bells or church chimes when used as part of a religious observance or service.
(9) 
The sound was produced during daytime hours by activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic, band and school entertainment practice or events.
(Ordinance 07-11, sec. 1(6), adopted 10/15/2007)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 07-11, sec. 4, adopted 10/15/2007)