[HISTORY: Adopted by the Town Council of the Town of Ocean View 10-1-1985
by Ord. No. 42. Amendments noted where applicable.]
It is found and declared as follows:
A.
The making, creation, or continuance of loud, unnecessary,
or unusual noises within the limits of the Town is a condition which has existed
from time to time.
B.
The making, creation, or continuance of such noises affect
and are detrimental to the health, peace, safety, welfare and good order of
the Town and its inhabitants.
C.
The Town Council of Ocean View, as the municipal governing
body of the Town, is vested with the following powers, to be exercised by
it in the interest of the safety, health and welfare of the Town, its inhabitants
and affairs, which is to say:
(1)
To abate or remove nuisances of every kind and compel
the owner or occupant of any lot, house, building or place wherein may be
carried on any business or calling, any matter or thing which is or may be
detrimental in the opinion of the Council to the health, safety, welfare and
good order of the Town and its inhabitants.
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, injures,
or endangers the comfort, repose, health, peace, safety, or welfare of the
public within the limits of the Town.
While the same shall not be deemed to 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.
The sounding of any horn, siren, whistle, bell, buzzer, or other signaling device within the limits of the Town, excepting as a warning of danger or as a call to worship, or the sounding of any such device for an unnecessary and unreasonable period of time, or the use of any such device excepting one operated by hand or electricity, or the use of any such device operated by engine exhaust, or the use of any such device when traffic is for any reason held up; provided, however, that none of the provisions of this Subsection A shall apply to churches, police, fire departments, civil defense, ambulances, or other emergency units or use.
B.
Using, operating, or playing, or causing to be used,
operated, or played, any radio, television, phonograph, musical instrument,
or other machine, instrument, or device for producing, reproducing, or amplifying
sound in such manner as to disturb the peace, quiet, comfort, or health of
the neighboring inhabitants, or so as to adversely affect the general welfare
of such inhabitants, or in such a manner that the volume of the sound therefrom
is louder than 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 any such machine, instrument, or device in such a manner as to be plainly
audible at a distance greater than 25 feet from the building, structure, or
vehicle in which it is located shall be prima facie evidence of the violation
of this chapter.
Any person violating any provision of this chapter, upon conviction
thereof, shall be subject to a fine not exceeding $50 for each offense. In
the event of a continuing violation of any of the provisions of this chapter
by any person, each day or part of a day during which any such violation continues
shall constitute a separate and distinct offense under this chapter.
