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Sec. 12-68. - Purpose.#
The town council hereby finds that excessive and loud noises within the town poses a serious nuisance and disruption to the citizens of the town. The town council wishes to provide an environment free from excessive noise, which unnecessarily jeopardizes the health, welfare and quality of life in the town.
(Code 1970, § 12-51; Ord. of 10-3-1995; Ord. No. 2006-15, 8-1-2006)
Sec. 12-69. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient noise means the all-encompassing noise associated with a given environment, being a composite of sounds from many sources, near and far. For the purpose of this article, ambient noise level is the average over five minutes excluding random or intermittent noises and the alleged offensive noise at the location and time of day at which a comparison with an alleged offensive noise is to be made.
Averaging, as used in the definition of the term "ambient noise," may be done by instrumental analysis in accordance with American National Standards S.13-1971, or may be done manually as follows: (1)
Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations are made at the beginning and at the end of the five-minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications.
Commercial purposes means the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.
Decibel (dBA) means a unit of measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is determined as 20 times the logarithm to the base 10 of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of 20 micronewtons per square meter (0.0002 microbar).
Emergency work means work necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service.
Fixed source means a machine or device capable of creating a noise level at the property upon which it is regularly located, including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, air conditioning apparatus or refrigeration machines.
Motor vehicles include, but are not limited to, automobiles, trucks, buses, motorcycles, mini-bikes and go-carts.
Noncommercial purpose means the use, operation, or maintenance of any sound equipment for other than a commercial purpose. The term "noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.
Nonstationary sources means a machine or device capable of being moved from place to place for occasional or temporary use at a given location, including, but not limited to, power lawn mowers, chainsaws, bulldozers and pile drivers.
Sound amplification equipment means any machine or device for the amplification of the human voice, music, or any other sound. The term "sound amplification equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. The term "sound amplification equipment" shall not include warning devices on any vehicle used only for traffic safety purposes.
Sound level (noise level) in decibels means the level measured on the A-weighted scale as defined in American National Standards Institute S1.4-1971.
Sound truck means any motor vehicle or any other vehicle regardless of motive of power, whether in motion or stationary, having mounted thereon or therein or attached thereto any sound amplifying equipment.
Unnecessary, excessive, or offensive noise means any sound or noise conflicting with the criteria, standards, or levels set forth in this article for permissible noises. In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by five dBA or more, when measured at the nearest property line, or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, or a noise audible to a person of reasonably sensitive hearing at a distance of 200 feet from its source, shall be deemed a prima facie violation of this article.
(Code 1970, § 12-52; Ord. No. 2006-15, 8-1-2006)
Sec. 12-70. - Radios, television sets, and similar devices.#
It shall be unlawful for any person within any residential zone of the town to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or of any reasonable person of normal sensitivity residing in the area. The operation of any such set, instrument, phonograph, machine or device so as to exceed 50 dBA between the hours of 9:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 9:00 p.m. measured at the property line of the building, structure or vehicle in which it is located, or at any hour when the same is audible to a person of reasonably sensitive hearing at a distance of 200 feet or the property line, whichever is closer, from its source, shall be prima facie evidence of a violation of this section.
(Code 1970, § 12-53; Ord. No. 2006-15, 8-1-2006)
Sec. 12-71. - Musical instruments.#
It shall be unlawful for any person to use any drum or other musical instrument for the purpose of attracting attention by the creation of noise within the town in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or any reasonable person of normal sensitivity residing in the area. The use of any drum or other instrument or device of any kind so as to exceed 50 dBA between the hours of 9:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 9:00 p.m. measured at the property line of the building, structure or vehicle in which it is located, or at any hour when the same is audible to a person of reasonably sensitive hearing at a distance of 200 feet or the property line, whichever is closer, from its source, shall be prima facie evidence of a violation of this section. This section shall not apply to any person who is participating in a school band or duly licensed to parade or who has been otherwise duly authorized to engage in such conduct.
(Code 1970, § 12-54; Ord. No. 2006-15, 8-1-2006)
Sec. 12-72. - Schools, hospitals and churches.#
It shall be unlawful for any person to create any ambient noise in excess of 60 dBA on any street, sidewalk, or public place adjacent to, or at a distance of 200 feet or the property line from its source, whichever is closer, to any school, institution of learning, hospital or church while the same is in use, provided conspicuous signs are displayed in such street, sidewalk, or public place indicating the presence of a school, hospital or church.
(Code 1970, § 12-55; Ord. No. 2006-15, 8-1-2006)
Sec. 12-73. - Permissible noise levels.#
It shall be unlawful for any person to emit or cause to be emitted any ambient noise which leaves the premises on which it originates, crosses a property line, and enters onto any of the premises in excess of the ambient noise level in a residential district as follows: (1)
Between the hours of 7:00 a.m. to 9:00 p.m., in excess of 70 dBA.
(2)
Between the hours of 9:00 p.m. to 7:00 a.m., in excess of 60 dBA.
(Code 1970, § 12-56; Ord. No. 2006-15, 8-1-2006)
Sec. 12-74. - Construction of buildings and projects.#
It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of 8:00 p.m. and 7:00 a.m. so as to create that unnecessary, excessive or offensive noise as defined in this section, unless beforehand a special permit therefor has been duly obtained from the director of public works. No special permit shall be required to perform emergency work as defined in section 12-69.
(Code 1970, § 12-57; Ord. No. 2006-15, 8-1-2006)
Sec. 12-75. - Vehicle repairs.#
It shall be unlawful for any person within any residential area of the town to repair, rebuild, or test any motor vehicle between the hours of 9:00 p.m. and 7:00 a.m. or at any time of the day on a Sunday or legal holiday so as to create unnecessary, excessive or offensive noise, as defined in this article.
(Code 1970, § 12-58; Ord. No. 2006-15, 8-1-2006)
Sec. 12-76. - Amplifiers and loudspeakers.#
(a)
No person, other than personnel of law enforcement or governmental agencies, shall install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck, hereinafter amplifier system, within the limits of the town without a permit first being issued therefor by the town council; provided, however, that a sound amplification system may be operated within an enclosed building without obtaining a permit therefor.
(b)
Each person seeking a permit pursuant to the provisions of subsection (a) of this section shall make application therefor to the town council by filing an application for permit executed in the name of and by the owner of the property or sound truck where such amplification system will be located. Each application shall contain the following information:
(1)
The name, address and telephone number of both the owner and the user of the sound amplifying equipment;
(2)
A list of the owners of all property located within 100 feet of the boundary lines of the property on which such amplification system will be used;
(3)
The date, time and place of the intended use of the equipment;
(4)
The maximum sound producing power of the sound amplifying equipment, including the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;
(5)
The license and motor number if a sound truck is to be used;
(6)
A general description of the sound amplifying equipment which is to be used; and
(7)
Whether the sound amplifying equipment will be used for commercial purposes.
(c)
The town clerk shall give seven days' written notice to all persons owning property within 100 feet of the applicant's property of the time and place of the council hearing on such application.
(d)
The council may grant such application upon such terms and conditions as it shall deem appropriate, but no such amplification system shall be operated after 11:00 p.m.
(e)
Notwithstanding any provisions of this section to the contrary, if the chief of police or other person in charge of any shift shall receive complaints from any five or more residents within the vicinity of the property for which a permit was granted that the level of amplification is objectionable, the police chief or the person in charge of the shift shall be entitled to withdraw such permit upon notice to the owner or his representative, and upon such withdrawal, all outdoor amplification shall cease.
(f)
Any application for a permit shall be accompanied by a fee, the amount of which shall be set from time to time by resolution of the town council.
(Code 1970, § 12-10; Ord. of 1-11-1994, § 1-1; Ord. No. 2013-46, 10-1-2013)
Sec. 12-77. - Amplified sound regulations.#
All amplifying systems shall be subject to the following regulations: (1)
The operation of sound amplifying equipment shall only occur between the hours of 10:00 a.m. and 8:00 p.m. each day, except on Sundays and legal holidays. No operation of any amplifying system for commercial purposes shall be permitted on Sundays or legal holidays. The operation of any amplifying system for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 7:00 p.m.
(2)
The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound truck.
(3)
Any amplifying system shall not be operated with an excess of 15 watts of power in the last stage of amplification.
(4)
Any amplifying system shall not be operated within 200 feet of any church, hospital or school while the same are in use.
(Code 1970, § 12-64; Ord. No. 2006-15, 8-1-2006)
Sec. 12-78. - Violations—Penalty.#
Any person found guilty of violating, disobeying, neglecting, or refusing to comply with the provisions of this article shall, upon conviction, be punished by a fine of not more than $500.00 for any one offense, except that any person electing to appear before the clerk of the municipal court and admitting the violation charged, or in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of court, shall be punished by a fine of $200.00; provided, however, that for a second violation and any subsequent violation, a person electing to appear before the clerk of the municipal court and admitting the violation charged or, in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of court, shall be punished by a fine of $300.00.
(Code 1970, § 12-65; Ord. No. 2006-15, 8-1-2006)
Sec. 12-79. - Violations—Public nuisance; injunctions.#
The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this article, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitivity or endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Code 1970, § 12-66; Ord. No. 2006-15, 8-1-2006)
Sec. 12-80. - General noise regulations; motor vehicles.#
(a)
Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, excessive or offensive noise as defined in this article.
(b)
There shall be no purposeful operator intent to create excessive engine noise, such as blatantly excessive engine revving (rapid throttle advance) and acceleration.
(c)
No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle. It shall be unlawful for any person to rebuild, repair, or test any engine, muffler, or exhaust system so as to create a noise disturbance.
(Code 1970, § 12-67; Ord. No. 2006-15, 8-1-2006)
Sec. 12-81. - Complaints.#
Any person, including a police officer, may be a complainant for the purpose of instituting action for any violation of this article.
(Code 1970, § 12-68; Ord. No. 2006-15, 8-1-2006)