Chapter 8.12
NOISE CONTROL
Sections:
8.12.020 Public disturbance noises defined.
8.12.010 Purpose.
The purpose of this chapter is to control noise in a manner which enhances the value and enjoyment of property, sleep and repose for the residents of the town of Winthrop and the public at large; promotes commerce and tourism; and enhances the quality of the environment. (Ord. 718 § 2 (part), 2019)
8.12.020 Public disturbance noises defined.
A. “Intermittent public disturbance noises” include: loud, raucous, frequent, repetitive or continuous sounds including, but not limited to, the following sounds or combinations of sounds made from:
1. Construction or home maintenance activities at nonapproved times;
2. Audio or similar equipment used for amplifying or broadcasting sounds, words or music;
3. Any horn or siren attached to a motor vehicle which is operated for nonemergency purposes; or
4. Noises from animals or humans.
B. “Continuous public disturbance noises” shall include the following:
1. Operating/running diesel or gas generators except during emergency situations; and
2. The use of compression/exhaust brakes on any motor vehicle at any time. (Ord. 718 § 2 (part), 2019)
8.12.030 Violation.
It shall be unlawful for any person to:
A. Cause, make or allow to be made an intermittent public disturbance noise that can be clearly heard by a person of normal hearing at a distance of one hundred (100) feet or more from the source of the sound;
B. Cause an intermittent public disturbance noise between the hours of ten p.m. and seven a.m.; and
C. Cause, make or allow to be made a continuous public disturbance noise at any time. (Ord. 718 § 2 (part), 2019)
8.12.040 Exceptions.
The provisions of this chapter shall not apply to:
A. Preparation for and action of regularly scheduled community events conducted on property or facilities owned by the town of Winthrop.
B. Special events and uses occurring pursuant to special event and use permits, which shall include specified time limitations on such permits.
C. Sounds from any activity necessary for the preservation of public health, safety and welfare.
D. Public works projects within the public rights-of-way for which the town council determines that the public benefit of nighttime maintenance or construction outweighs the short-term impacts of said maintenance or construction.
E. On Saturdays only, between Memorial Day and Labor Day, outdoor music shall be allowed until eleven p.m., as long as such music must not be able to be clearly heard by a person of normal hearing at a distance of one hundred (100) feet or more from the source of the music. (Ord. 718 § 2 (part), 2019)
8.12.050 Violation—Penalty.
Any person who shall violate or fail to comply with any provision of this chapter, or who shall aid or abet such violation or failure to comply, shall be deemed guilty of a civil infraction and, upon being found guilty thereof, shall be assessed a monetary penalty in the maximum amount of two hundred fifty dollars ($250.00) for such offense. Each and every day that a violation exists shall be deemed to be a separate violation of this chapter. (Ord. 718 § 2 (part), 2019)