[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville
5-7-2001. (This ordinance also repealed former Ch. 108, Noise, adopted 4-5-1984
by Ord. No. 94, as amended.) Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall be
applicable unless the context clearly indicates to the contrary:
An individual, natural person, joint-stock company, partnership,
voluntary association, society, club, firm, company, corporation, business
trust, organization or any other group acting as a unit, with a manager, lessee,
agent, servant, partner, member, director, officer or employee of any of them,
including an executor, administrator, trustee, receiver or other representative
according to law.
The Town of Selbyville, in Sussex County, Delaware.
It shall be unlawful, within the limits of the Town, for any person
to make, create or continue or cause to be made, created or continued any
loud, unnecessary or unusual noise which either annoys, disturbs or injures
a reasonable person or persons of normal sensitivities or endangers the comfort,
repose, health, peace, safety or welfare of the public within the limits of
the Town.
While the same shall not be deemed to be exclusive, the following acts,
among others, arc declared to be loud, unnecessary or unusual noises which
are annoying, disturbing or dangerous to the public comfort, repose, health,
peace, safety or welfare of the public within the limits of the Town, in violation
of this chapter, namely:
A.Â
Using, operating or playing or causing to be used, operated
or played any radio, television, tape player, stereo system, compact disc
player, musical instrument or other machine, instrument or device for producing,
reproducing or amplifying sound in such manner as to disturb the peace, quiet,
comfort or health of any reasonable person or persons of normal sensitivities
or so as to adversely affect the general welfare of such person or persons
or in such a manner that the volume of sound therefrom is louder than reasonably
necessary for convenient hearing by the person or persons who are in the room,
vehicle or chamber in which such machine, instrument or device is being operated
and who are voluntary listeners thereto.
B.Â
The operation of such machine, instrument or device in
such a manner as to be plainly audible and unreasonably loud to a reasonable
person or persons of normal sensitivities at a distance greater than 25 feet
from the machine, instrument or device, if located outside a building, structure
or vehicle, or at a distance greater than 25 feet from the building, structure
or vehicle in which it is located shall be prima facie evidence of the violation
of this chapter.
Any person violating any provision of this chapter, upon conviction
thereof, shall be subject to a fine of not less than $25 nor more than $500,
plus court costs and Victim's Compensation Fund assessment, for each offense.
In the event of a continuing violation of any of the provisions of this chapter
by any person, each day or part of a day during which any such violation continues
shall constitute a separate and distinct offense under this chapter.
