Chapter 8.18
PUBLIC DISTURBANCE NOISES
Sections:
8.18.020 Public disturbance noises defined.
8.18.010 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. 827 § 1 (part), 2010)
8.18.020 Public disturbance noises defined.
Public disturbance noises include the following:
A. Loud, raucous, frequent, repetitive, or continuous sounds which occur at such a volume that the sound can be audible by a person of normal hearing at a distance of one hundred feet or more from the source of the sound, including, but not limited to, sounds from audio equipment, visual equipment, computers, musical instruments, or social gatherings;
B. Sounds coming from portable or motor vehicle audio equipment, including any horn or siren attached to a motor vehicle, operated at such a volume so as to be audible by a person of normal hearing at a distance of one hundred feet or more from the source of the sound;
C. The frequent, repetitive or continuous sounding of any horn or siren;
D. 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 (including, but not limited to, rapid acceleration of motor vehicles so as to cause back firing and/or excessive noise), so as to unreasonably disturb or interfere with the peace, comfort and repose of others, unless otherwise authorized by law;
E. Yelling, shouting, whistling, or other raucous noises, on or near the public streets between the hours of ten p.m. and seven a.m.;
F. The creation of frequent, repetitive or continuous sounds, which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as, but not limited to, sounds from audio equipment, visual equipment, computers, musical instruments, band sessions, or social gatherings. Unreasonable interference shall be a sound volume which is audible by a person of normal hearing at a distance of one hundred feet or more from the source, unless it occurs within a multifamily unit such as a duplex, apartment, or condominium, in which case it shall be a public disturbance noise if it is clearly audible to a neighbor, with hearing of a person of normal hearing, at a site located within the neighbor’s unit or common area;
G. The operation of any lawn mower, snow mover or blower, or chainsaw in a manner that audibly unreasonably interferes with the peace, comfort and repose of others between the hours of ten p.m. and six a.m.;
H. Engaging in building activity, structure repair, construction, reconstruction, remodeling, or demolition activity in a manner that audibly unreasonably interferes with the peace, comfort and repose of others between the hours of ten p.m. and seven a.m. (Ord. 827 § 1 (part), 2010)
8.18.030 Exemptions.
The following shall be exempt from the application of this chapter: regularly scheduled public events, authorized community sponsored events, properly operated safety devices, vehicle horns and sirens used to alert traffic or pedestrians of dangers, fire alarms, emergency use of compression brakes, and emergency vehicles. (Ord. 827 § 1 (part), 2010)
8.18.040 Violation.
A. It shall be unlawful for any person to permit, cause, make, or allow a public disturbance noise to originate from any property, including real or personal property, under such person’s control or ownership.
B. The content of the sound will not be considered in determining whether a violation of this chapter has occurred. (Ord. 827 § 1 (part), 2010)
8.18.050 Civil infraction.
The conduct made unlawful under this chapter shall constitute a civil infraction. The monetary penalty for each offense occurring in any one calendar year shall be as follows:
|
First Offense |
$250.00 |
|
Second and Subsequent Offenses |
$500.00 |
(Ord. 827 § 1 (part), 2010)
8.18.060 Chapter controlling.
In the event of any conflict between the provisions of this chapter and any other provision of the Brewster Municipal Code adopted prior to the adoption of the provisions in this chapter, the provisions in this chapter shall be controlling. (Ord. 827 § 1 (part), 2010)