Chapter 8.06
PUBLIC NOISE DISTURBANCES
Sections:
8.06.020 Public disturbance noises.
8.06.030 Penalty for violation.
8.06.010 Administration.
The town police department and town marine patrol serve an important function in maintaining public health, safety and welfare by responding to resident complaints, often in the context of neighborhood noise disturbances. The town enforcement officer also plays an important role in noise control through oversight of permitted activities that generate noise, such as construction work. The police chief, marine patrol and the town enforcement officer each have authority to enforce this chapter pursuant to its provisions. (Ord. 705 § 2, 2020)
8.06.020 Public disturbance noises.
A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.
B. Illustrative Enumeration. The following sounds, or similar sounds, which by reason of their intensity, frequency, duration, volume, pitch or any other reason disturb the peace, quiet repose or comfort of any person or persons, are deemed a public noise disturbance in violation of this chapter:
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle or watercraft, except as a warning of danger or as specifically permitted or required by law.
2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, watercraft, or internal combustion engine within a residential zone or district.
3. Yelling, shouting, hooting, whistling or singing on or from a watercraft or near the public rights-of-way, particularly between the hours of 11:00 p.m. and 7:00 a.m.
4. Sound from any motor vehicle or watercraft audio sound systems, operated at a volume so as to be audible greater than 50 feet from the vehicle or 300 feet from the watercraft.
5. Sound from any source, other than a motor vehicle, watercraft, or commonly used construction and landscape maintenance tools, operated at a volume so as to be audible greater than 50 feet from the source.
This subsection B shall not apply to community events such as parades or regularly scheduled community events between the hours of 9:00 a.m. and 11:00 p.m. This chapter shall not apply to fireworks lawfully discharged within the town. (Ord. 705 § 2, 2020)
8.06.030 Penalty for violation.
A. Any person violating this chapter shall be given a warning to promptly cease the activity causing the noise disturbance. If the same noise disturbance continues or recurs, the violator shall be guilty of a civil infraction with a penalty of $100.00 for the first offense, $300.00 for the second offense, and $500.00 for the third offense occurring within one year following the first offense. The civil infraction may be imposed as a remedy under Chapters 1.08 and 2.52 YPMC, which is in addition to abatement as provided in YPMC 8.04.040 and 8.04.050.
B. In addition, any violation of the provisions of this chapter constitutes a code violation under Chapter 1.08 YPMC and is subject to enforcement action, corrective action, fines and penalties described therein. (Ord. 705 § 2, 2020)