[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Section 3, subsection (i)(1) and (2), of Ordinance 68 is hereby repealed.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:
A.Â
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.
B.Â
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.
B.Â
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.
C.Â
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.
[Added 8-28-2006]
