Chapter 9.12
PUBLIC DISTURBANCE NOISES

Sections:

9.12.010    Purpose.

9.12.020    Content of sound.

9.12.030    Public disturbance noises.

9.12.040    Exceptions.

9.12.050    Penalty.

9.12.010 Purpose.

The purpose of this chapter is to control noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. (Ord. 670 § 2, 2006).

9.12.020 Content of sound.

The content of the sound shall not be considered in determining whether a violation of this chapter has occurred. (Ord. 670 § 2, 2006).

9.12.030 Public disturbance noises.

It is unlawful for any person to cause or make, or for any person in possession of property to allow to originate from the property, sound which is a public disturbance noise. Public disturbance noises include the following sounds or combination of sounds:

A. Loud and raucous, or frequent, repetitive, or continuous sounds made by any horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law.

B. Loud and raucous, or frequent, repetitive, or continuous sounds created by musical instruments, audio sound systems, band sessions, or other devices capable of producing, amplifying, or reproducing sound which unreasonably disturbs or interferes with the peace, comfort and repose of another and can be clearly heard by a person of normal hearing at a distance of 100 feet or more from the property from which the sound originates.

C. Yelling, shouting, hooting, whistling or singing on or near city streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any other time and place which unreasonably disturbs or interferes with the peace, comfort and repose of another.

D. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort, and repose of another.

E. Sound from a motor vehicle audio system, such as a radio, tape player, compact disc player, or such other similar device, which is operated at such a volume that it can be clearly heard by a person of normal hearing at a distance of 100 feet or more from the vehicle itself.

F. Sound from portable audio equipment, such as a radio tape player or compact disc player, which is operated at such a volume that it can be clearly heard by a person of normal hearing at a distance of 100 feet or more from the source of the sound.

G. Sounds from construction activity, including, but not limited to, motorized construction and equipment operation, hammering, blasting, drilling and sawing, that are audible on residential property beyond the property lines of the property on which the construction activity is conducted between the hours of 10:00 p.m. and 6:00 a.m., Monday through Saturday, and between the hours of 6:30 p.m. on Saturday and 8:30 a.m. on Sunday; provided, however, that this subsection shall not apply to sounds from construction activity conducted by the town of Waterville, or other governmental entities, necessary for the preservation of the public health, safety and welfare; provided further, that this subsection shall not be applicable to commercial areas as established by the town of Waterville zoning ordinance. (Ord. 670 § 2, 2006).

9.12.040 Exceptions.

A. The provisions of this chapter shall not apply to:

1. Regularly scheduled community events conducted on property owned by a governmental agency or public school district and conducted with the express permission of an authorized representative of the property owner;

2. Regularly scheduled parades held in the town of Waterville and authorized by an appointed or elected representative of the town;

3. The ordinary and usual ringing of church bells by a recognized church within the community; and

4. Preparation for “regularly scheduled community events” as described below.

B. For the purpose of this section, a “regularly scheduled community event” is:

1. A public sporting event or public concert held on property owned by a governmental entity or public school district and conducted with the express permission of an authorized representative of the property owner; and

2. Official public ceremonies sponsored by a governmental entity or public school district. (Ord. 670 § 2, 2006).

9.12.050 Penalty.

Violation of any of the provisions of this chapter may result in the issuance of a notice of infraction or citation for an infraction, punishable by a fine not to exceed $250.00 with a base penalty for a first violation to be consistent with the Infraction Rules of Courts of Limited Jurisdiction, specifically IRLJ 6.2(b), pertaining to unscheduled infractions. (Ord. 670 § 2, 2006).