[HISTORY: Adopted by the Town Council of the Town of Dagsboro 6-18-2001 by Ord. No. 72. Amendments noted where applicable.]
Section 3, subsection (i)(1) and (2), of Ordinance 68 is hereby repealed.
For the purpose of this chapter, the following definitions shall be applicable unless the context clearly indicates to the contrary:
- An individual, natural person, joint-stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization or any group acting as a unit, with a manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver or other representative according to law.
- The Town of Dagsboro, in Sussex County, Delaware.
It shall be unlawful, within the limits of the Town for any person to make, create or continue or cause to be made, created or continued any loud, unnecessary or unusual noise which either annoys, disturbs or injures a reasonable person or persons of normal sensitivities or endangers the comfort, repose, health, peace, safety or welfare of the public within the limits of Town.
While the same shall not be exclusive, the following acts, among others, are declared to be loud, unnecessary or unusual noises which are annoying, disturbing or dangerous to the public comfort, repose, health, peace, safety or welfare of the public within the limits of the Town, in violation of this chapter, namely:
Using, operating or playing or causing to be used, operated or played any radio, television, tape player, stereo system, compact disc player, musical instrument or other machine, instrument or device for producing, reproducing or amplifying sound in such a manner as to disturb the peace, quiet, comfort or health of any reasonable persons or person of normal sensitivities or so as to adversely affect the general welfare of such person or persons or in such a manner that the volume of sound therefrom is louder than reasonably necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which such machine, instrument or device is being operated and who are voluntary listeners thereto.
The operation of such machine, instrument or device in such a manner as to be plainly audible or unreasonably loud to a reasonable person or persons of normal sensitivities at a distance greater than 25 feet from the property line of where the machine, instrument or device is being operated if located inside/outside a building, structure or other enclosed structure, or at a distance of greater than 25 feet from any vehicle in which said machine, instrument or device is located, upon the streets of the Town of Dagsboro shall be prima facie evidence of the violation of this section and chapter.
In the event of a continuing violation of any of the provisions of this chapter by any persons, each day or part of a day during which any such violation continues shall constitute a separate and distinct offense under this chapter.
With the exception of a violation of § 173-5 above, any violation occurring from a motor vehicle on the streets of the Town of Dagsboro shall be considered a motor vehicle violation and shall be written on the Uniform Traffic Complaint and Summons/Voluntary Assessment. All other violations shall be handled as a criminal violation and be handled either by a criminal summons or warrant.