[HISTORY: Adopted by the Mayor and Town Council of the Town of North
Beach at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
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
endangers the health, safety or welfare of the community or which annoys,
disturbs, injures or endangers the comfort, rest, health, peace or safety
of others within the Town of North Beach.
The following acts, among others, are declared to be loud, unnecessary, and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 81-1, but the enumeration shall not be deemed to be exclusive:
A.
Using, operating or permitting to be played, used or
operated any radio, television, hi-fi, stereo, phonograph or other machine
or device for the producing or reproducing of sound in a manner as to disturb
the peace, quiet and comfort of any persons in the vicinity. The operation
of any such machine or device between the hours of 10:00 p.m. and 7:00 am.
in such a manner as to be plainly audible at a distance of 50 feet from the
building, structure, device or vehicle in which it is located shall be prima
facie evidence of a violation of this section. Any person who causes the production
of said sound through the operation of the machines or devices enumerated
herein may be deemed a violator of this chapter.
B.
Yelling, shouting, hooting, whistling or singing or the
making of loud and disturbing noises by the use of clappers, bells, horns,
musical instruments or similar devices at any time Or place so as to unreasonably
annoy or disturb the quiet, comfort or rest of any person in any residence,
hospital, school, place of business, street or public place.
C.
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort or repose of any persons
in the vicinity.
D.
The use of any automobile, motorcycle, truck or vehicle,
so out of repair or loaded or operated in such a manner, as to create loud
and unnecessary grating, grinding, rattling or other noise.
E.
The creation of loud and excessive noises in connection
with the loading or unloading of any vehicle or the operating and distraction
of bales, crates and containers.
F.
The operation or use of any power lawnmower, chainsaw,
fencepost driller or the like between the hours of sunset and 7:00 a.m.
G.
Any of the following activities when occurring in close
proximity to residences between 10:00 p.m. and 7:00 am.: the warning up or
idling of buses, trucks or tractors and the unnecessary or unreasonable or
repeated idling, acceleration and deceleration or starting and stopping of
automobiles and motorcycles.
H.
Using, operating or permitting to be played, used or operated, any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is left upon the public streets for the purposes of commercial advertising or for any other purpose except as authorized by the government or in public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Town Office pursuant to § 81-3 hereof.
I.
Outdoor concerts, except in accordance with permits first obtained therefor from the Town Office pursuant to § 81-3 hereof.
J.
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays or other than between the hours of 8:00 am. and 6:00 p.m. on Saturdays or between the hours of 7.00 am. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety and, if the nature of the emergency will admit the prior procurement of a permit, then only in accordance with a permit first obtained from the Town Engineer as to public street work or from the Town Building Inspector as to other work, pursuant to § 81-3 hereof. Such a permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the Mayor and Town Council or Building Inspector, as the case may be, shall determine that the public health and safety will not be impaired by such work within the prohibited hours and that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant personally, between the hours of 7:00 a.m. and 10:00 p.m., upon residential premises that are owned by such occupant, provided that the work shall be done without undue noise or disturbance of peace and quiet of the neighborhood.
K.
The creation of any excessive noise on any street or
property 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 working of such institution or which disturbs or unduly annoys patients
in the hospital.
A.
The Town Clerk charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 81-2 hereof shall issue permits for such activities if found that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
[Amended 2-12-2004 by Res. No. 04-01]
B.
Permits shall specify the dates and hours of the permitted
activities, which shall not be allowed between the hours of 10:00 p.m. and
7:00 a.m. unless the issuing officer shall determine that it is in the best
interests the community that the activities take place wholly or partially
during such hours.
C.
The issuing clerk is authorized to adopt
and use such forms of applications and permits as may be reasonably required
in the performance of his/her duties. Each application for a permit shall
be accompanied by a fee in an amount as set forth from time to time by resolution
of the Town Council, which shall be payable to the Town of North Beach.
An applicant for a permit hereunder shall have the right to appeal to
the Mayor and Town Council from the denial of the permit by the issuing clerk.
Such appeal shall be taken by filing a written notice of appeal addressed
to the Mayor and Town Council. Such notice shall be filed within three days
after the issuing clerk shall have notified the applicant of the denial of
the permit. The Mayor and Town Council shall act upon the appeal as soon as
practicable after receiving the notice thereof and shall give the applicant
an opportunity to be heard before taking action. The Mayor and Town Council
may affirm the issuing clerk's denial of the permit or may grant the
permit with modifications or conditions.
Nothing in this chapter shall be construed to apply to church bells
or chimes nor to the playing of bands or orchestras in a hall or building
in a manner which will not annoy the peace, comfort and quiet of the neighboring
inhabitants nor to municipal, county, state or federal governmental agencies
in connection with any emergency nor to normal working activities of or activities
sponsored by the Mayor and Town Council nor to warning devices on other vehicles
used only for traffic safety purposes, nor to emergency utility work.
In addition to the public, law enforcement officers and others who are
designated hereunder shall have the power to enforce and bring complaints
under this chapter.
