This chapter shall be known as the "Town of Highlands Noise
Control Law."
No person shall, with the intent to cause annoyance, alarm or
undue inconvenience to others, or with reckless disregard thereof,
make unreasonably loud noise. Under this section, noise shall be deemed
unreasonably loud if it is audible upon property owned or occupied
by others and is of such volume and duration as a reasonable person
of normal sensitivities would not tolerate.
It is prohibited to conduct any building construction or demolition
producing noise subject to this chapter between the hours of 9:00
p.m. and 7:00 a.m., Monday through Sunday, including, but not limited
to, operation or use of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other apparatus the use of which
is attended by loud noise.
Any sounds generated by a use that is subject to the provisions
of this Town Code which complies with the terms and provisions thereof
shall not constitute a violation of this chapter.
The following items are specifically exempted from the provisions
of this chapter:
A. Sounds created by the operation of lawn mowers, snowblowers, leaf
blowers or similar devices, provided that such sounds are not generated
with the intent to cause annoyance, alarm or undue inconvenience to
owners or occupants of adjoining property.
B. Sounds created by emergency construction or repair work performed
between the hours of 9:00 p.m. and 7:00 a.m., Monday through Sunday,
which is necessary to preserve safety or prevent property damage.
C. Music or other sounds produced in connection with any military or
civic parade, celebratory procession, holiday festival or decoration,
funeral procession or religious service .
D. Sound produced by any organ, bell, chimes or any other similar instrument
or device by any church, synagogue or school on or within its own
premises in connection with religious rites or ceremonies of such
church or synagogue or in connection with a school education program.
E. Sounds created by any governmental agency by the use of public warning
devices, including such devices used by police officers, fire personnel,
and similar emergency responders while executing their duties as may
be appropriate.
F. Sounds created by public utilities in carrying out the operations
of their franchise.
G. Sounds arising from sporting events, recreational activities or child's
play between the hours of 7:00 a.m. and 11:00 p.m., provided that
such sounds are not generated with the intent to cause annoyance,
alarm or undue inconvenience to owners or occupants of adjoining property.
Any person who violates any provision of this chapter shall
be deemed guilty of an offense and, for conviction thereof, shall
be punished by a fine of not more than $500 or by imprisonment for
not more than 15 days, or both. Each day that a violation shall continue
shall constitute a separate offense.