[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-2-1990
as § 08.01 of the 1990 Code; amended in its entirety 10-5-2004
by Ord. No. 2004-08. Subsequent amendments noted where applicable.]
A.
It is found and declared that:
(1)
The making and creation of loud, unnecessary or unusual
noises within the limits of the Town of Bar Harbor are conditions which have
existed for some time, and the extent and volume of such noises are increasing;
and
(2)
The making, creation or maintenance of such loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in
their time, place and use affects and is a detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the residents of the
Town of Bar Harbor.
B.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet
of the Town of Bar Harbor and its inhabitants.
It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the Town.
The following noises and noise-producing acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this chapter,
but said enumeration shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc.:
(1)
The sounding of any horn or signaling device on any automobile,
motorcycle, or other vehicle anywhere within the limits of the Town, except
as a danger warning; the creation by means of any such signaling device of
any unreasonably loud or harsh sound; and the sounding of any device for an
unnecessary and unreasonable period of time.
(2)
The use of any signaling device except one operated by
hand or electricity; the use of any horn, whistle or other device operated
by engine exhaust; and the use of any such signaling device when traffic is
for any reason held up.
B.
Radios, phonographs, musical instruments, etc.
(1)
The use of, operation of or allowing the use or operation
of any radio, receiving set, musical instrument, amplifier, juke box, phonograph,
or other machine or device for producing, reproducing or amplifying sound
in such a manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants.
(2)
It shall be prima facie evidence of a violation of this
section if such sound is produced within a building, structure or vehicle
between the hours of 9:00 p.m. and 7:00 a.m. in such a manner that, at a distance
of 25 feet from the building, structure or vehicle in which it is located,
the volume, frequency, intensity, quality or duration of the sound unreasonably
annoys or disturbs a reasonable person's normal sensibilities, endangers
or injures the safety or health of humans, or endangers or injures personal
or real property.
C.
Sound-producing devices used for advertising: the use
of, operation of or allowing the use or operation of any radio, receiving
set, musical instrument, amplifier, juke box, phonograph, bell, horn or other
machine or device for producing, reproducing or amplifying sound in such a
manner as to cast upon the public street for the purpose of commercial advertising
or attracting the public to any building or structure.
D.
Yelling, shouting, etc.: yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the hours
of 9:00 p.m. and 7:00 a.m. or any time or place so as to annoy or disturb
the quiet, comfort, or repose of any person in any office, or in any dwelling,
hotel, motel, rooming house or other type of residence, or of any person in
the vicinity.
E.
Animals, birds, etc.: the keeping of any animal or bird
which by causing frequent or long-continued noise without provocation shall
disturb the comfort or repose of any person in the vicinity.
F.
Blowers, fans and engines: the operation of any noise-creating
blower, compressor, power fan, engine, motor boat, motor vehicle or other
machine, unless such equipment is equipped with a muffler device sufficient
to reduce such noise so that it does not unreasonably annoy or disturb a reasonable
person's normal sensibilities.
G.
Loading or unloading; opening boxes: the creation of
loud and excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers.
H.
Construction or repair of structures: the starting, idling,
backing or other operation of construction equipment and the excavation for
or erection, demolition, alteration or repair of any structure which causes
loud and unreasonable noise between the hours of 9:00 p.m. and 7:00 a.m.,
except with a quiet-hours construction permit as provided below.
I.
Schools, courts, churches and hospitals: the creation
of any excessive noise on any street adjacent to any school, institution of
learning, church or court while the same is in use or adjacent to any hospital
which unreasonably interferes with the workings of such institution, or which
disturbs or unduly annoys patients in the hospital, provided conspicuous signs
are displayed in such street indicating that the same is a school, hospital
or court street.
A.
The Code Enforcement Officer may issue or renew a quiet-hours
construction permit only upon finding that:
B.
All quiet-hours construction permits shall meet the following
provisions:
C.
The Town Council may set permit fees from time to time.
No permit shall be issued except upon payment of the applicable fee, if any.
As used in this chapter, the following terms shall have the meanings
indicated:
The hours between and including 9:00 p.m. to 7:00 a.m. local time.
Shall be defined as provided by Town Code § 125-109.
It being necessary to secure and promote the public health, comfort,
convenience, safety, welfare, and prosperity of the Town of Bar Harbor and
its inhabitants, maintenance construction and public safety activities of
the Town of Bar Harbor are exempt from the provisions of this chapter.
Any violation of this chapter or any provision thereof shall be deemed a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction, in addition to the general penalty set forth in § 1-18 of this Code.
