A.
Use restricted. It shall be unlawful for any person
within any residential zone of the Town to use or operate any radio
receiving set, musical instrument, phonograph, television set or other
machine or device for the producing or reproducing of sound (between
the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day)
in such a manner as to disturb the peace, quiet and comfort of neighboring
residents or any reasonable person of normal sensitivity residing
in the area.
B.
Prima facie violation. Any noise exceeding the ambient
noise level at the property line of any property (or, if a condominium
or apartment house, within any adjoining apartment) by more than five
decibels shall be deemed to be prima facie evidence of a violation
of the provisions of this section.
It shall be unlawful for any person within the
Town to sell anything by outcry within any area of the Town zoned
for residential uses. The provisions of this section shall not be
construed to prohibit the selling by outcry of merchandise, food and
beverages at licensed sporting events, parades, fairs, circuses and
other similar licensed public entertainments events.
It shall be unlawful for any person to use any
drum or other instrument or device of any kind for the purpose of
attracting attention by the creation of noise within the Town. This
section shall not apply to any person who is a participant in a school
band or duly authorized parade or who has been otherwise duly authorized
to engage in such conduct.
No person shall keep or maintain, or permit
the keeping of, upon any premises owned, occupied or controlled by
such person, any animal or fowl otherwise permitted to be kept which,
by any sound, cry or behavior, shall cause annoyance or discomfort
to a reasonable person of normal sensitivity in any residential neighborhood.
It shall be unlawful for any person to create
any noise on any street, sidewalk or public place adjacent to any
school, institution of learning or church while the same is in use
or adjacent to any hospital, which noise unreasonably interferes with
the workings of such institution or which disturbs or unduly annoys
patients in the hospital, provided that conspicuous signs are displayed
in such streets, sidewalk or public place indicating the presence
of a school, church or hospital.
It shall be unlawful for any person within a
residential zone, or within a radius of 500 feet therefrom, to operate
equipment or perform any outside construction or repair work on buildings,
structures or projects or to operate any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other construction-type
device, except to perform emergency work between the hours of 9:00
p.m. of one day and 7:00 a.m. of the next day in such a manner that
a reasonable person of normal sensitivity residing in the area is
caused discomfort or annoyance.
It shall be unlawful for any person within any
residential area of the Town to repair, rebuild or test any motor
vehicle (between the hours of 9:00 p.m. of one day and 7:00 a.m. of
the next day) in such a manner that a reasonable person of normal
sensitivity residing in that area is caused discomfort or annoyance.
It shall be unlawful for any person to operate
or sound, or cause to be operated or sounded (between the hours of
9:00 p.m. of one day and 7:00 a.m. of the next day), a train horn
or train whistle which creates a noise in excess of 89 dbA at any
place or point 300 feet or more distant from the source of such sound.
A.
It shall be unlawful for any person to willfully make
or continue, or cause to be made or continued, any loud, unnecessary
or unusual noise which disturbs the peace or quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitivity residing in the area.
B.
The standards which shall be considered in determining
whether a violation of the provisions of this section exists shall
include, but not be limited to, the following:
(1)
The volume of the noise;
(2)
The intensity of the noise;
(3)
Whether the nature of the noise is usual or unusual;
(4)
Whether the origin of the noise is natural or unnatural;
(5)
The volume and intensity of the background noise,
if any;
(6)
The proximity of the noise to residential sleeping
facilities;
(7)
The nature and zoning of the area within which the
noise emanates;
(8)
The density of the inhabitation of the area within
which the noise emanates;
(9)
The time of the day or night the noise occurs;
(10)
The duration of the noise;
(11)
Whether the noise is recurrent, intermittent
or constant; and
(12)
Whether the noise is produced by a commercial
or noncommercial activity.
