§ 58-190. Certain noises expressly prohibited.

The following acts, among others, are declared to be loud, disturbing noises in violation of this section, but its enumeration shall not be deemed to be exclusive, namely:

(1)

The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of that device for an unreasonable period of time.

(2)

The use of any gong or siren upon any vehicle, other than a police, fire, or other emergency vehicle.

(3)

The use or operation of any piano, manual or automatic, phonograph, radio, loudspeaker, or any other instrument, or sound-amplifying devices so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders it a public nuisance. However, upon application to the mayor or police chief, permits may be granted to responsible organizations to produce programs in music, speeches, or general entertainment.

(4)

The keeping of any animal or bird, which by causing frequent or loud continued noise shall disturb the comfort and repose of any person in the vicinity.

(5)

The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud grating, grinding, rattling, or other noise.

(6)

The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.

(7)

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(8)

The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced.

(9)

The erection (including excavation), demolition, alteration, or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and sunset on weekdays and Saturdays, except in the case of urgent necessity in the interest of public safety, and then only with a permit issued by the town, which permit may be renewed for a period of three days or less while the emergency continues.

(10)

The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while it is in session, or within 150 feet of any hospital, which unreasonably interferes with the working of that institution, provided conspicuous signs are displayed in those streets indicating that they are school, court, or hospital streets.

(11)

The creation of any excessive noise on Sundays on any street adjacent to any church, provided conspicuous signs are displayed in such streets adjacent to churches indicating that they are church streets.

(12)

The creation of loud and excessive noise in connection with the loading or unloading of any vehicle, of the opening and destruction of bales, boxes, crates, and containers.

(13)

The sounding of any bell or gong, attached to any building or premises, which disturbs the quiet or repose of persons in the vicinity thereof.

(14)

The shouting and crying of peddlers, barkers, hawkers, and vendors which disturbs the quiet and peace of the neighborhood.

(15)

The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale or display of merchandise.

(16)

The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes, except where specific license is received from the board of commissioners.

(17)

The conducting, operating, or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.

(18)

The firing or discharging of squibs, crackers, gunpowder, or other combustible substances in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the board.

(Code 1985, § 100.02; Code 1999, § 34-27)