§ 9.16.030. Prohibited acts.
A.
Noise disturbances prohibited. No person shall make, continue or cause to made or continued, any noise disturbance, including, but not limited to, the specific noise disturbances prohibited in Subsection B of this Section. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this Section.
B.
Specific prohibitions. The following acts, and the causing thereof, are prohibited.
1.
Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
a.
In such a manner as to be audible at one hundred (100) feet from such device or plainly audible through the walls common to two (2) parties within a building except for activities open to the public and for which a permit has been issued by the appropriate authority;
b.
In such a manner as to be audible at fifty (50) feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space;
c.
In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier;
d.
Notwithstanding any other provisions of this Chapter, it is permissible for any senior high school or junior high school band to perform or practice prior to the hour of 7:00 a.m.
2.
Loudspeakers/public address systems.
a.
Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary;
b.
Using or operating for any commercial purpose any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance across a residential real property boundary.
3.
Street sales. Offering for sale or selling anything by shouting or outcry within any residential area of the Town.
4.
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across residential real property boundary.
5.
Construction. Operating or permitting the operation of any tools or equipment in connection with construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and between the hours of 6:00 p.m. and 8:00 a.m. on weekends or holidays such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for delivery and pickup of construction equipment, emergency work, work exempted pursuant to Section 9.16.050 below or by variance issued pursuant to Subsection 9.16.070.E. Holidays are defined as those observed by the State.
6.
Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
7.
Powered model vehicles. Operating or permitting the operation of a powered model vehicle so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 10:00 p.m. and 7:00 a.m. the following day.
8.
Emergency signaling devices.
a.
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, except for emergency purposes or for testing, subject to the following limitations.
i.
Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m. or later than 10:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds;
ii.
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than one (1) in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limit specified in Subparagraph B(8)(i) shall not apply to such complete system testing.
b.
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically or manually terminated within fifteen (15) minutes of activation.
9.
Internal combustion equipment. No person shall operate, or permit to be operated, any internal combustion equipment, including but not limited to lawnmowers, weed trimmers, chain saws, compressors or pumps driven by internal combustion engines between the hours of 10:00 p.m. and 7:00 a.m. the following day in any residential area. This provision shall not apply to motor vehicles, motorcycles or equipment used in the routine maintenance of public and private golf courses or the maintenance of athletic fields in public parks.
10.
Live bands and music. No person shall play, practice or perform, or permit to be played, practiced or performed, any live music audible at a residential real property boundary, between the hours of 12:00 a.m. and 7:00 a.m.
11.
Fireworks. During Stage 2 Fire Restrictions, except for professional commercial fireworks displays, no person shall use permissible fireworks as defined in Subsection 8.24.010.C above. For any period thereafter, with no fire restrictions declared, no person shall use permissible fireworks except on the 4 th of July between the hours of 8:00 a.m. and 10:00 p.m.
( Ord. 2014-10 § 1, 3-11-2014 ; Ord. 2006-32 §2, 2006; Ord. 2006-29 §1, 2006; Ord. 2003-32 §1, 2003; Ord. 2002-28 §2, 2002; Ord. 2001-08 §1, 2001; Ord. 98-20 §3, 1998; Ord. 90-19 §1(part), 1990)