[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 6-6-2022 by Ord. No. O2022-04[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 186,
Noise, adopted 6-6-2022 by Ord. No. O2022-04.
For the purposes of this chapter, the following words or terms
shall have meanings ascribed to them:
American National Standards Institute or its successor bodies.
Any site preparation, assembly, erection, repair, alteration,
or similar activity.
7:00 a.m. to 10:00 p.m., local time.
Abbreviation for the sound level in decibels determined by
the A-weighting network of sound level meter or by calculation from
octave band or tone-third octave band data.
A unit of measure equal to 10 times the logarithm to the
base 10 of the ratio of the square of the sound pressure to the square
of a standard reference pressure. For the purpose of this chapter,
20 micropascals shall be the standard reference point.
Any dismantling, destruction or removal activities.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
10:00 p.m. to 7:00 a.m., local time.
The intensity, frequency, duration and character of sound,
including sound and vibration of sub-audible frequencies.
The presence of noise of sufficient loudness, character and
duration, which, whether from a single source or multiple sources,
is, or may be predicted with reasonable certainty to be, injurious
to health or which unreasonably interferes with the property enjoyment
of property or with any lawful business activity.
Any individual, group of individuals, firm, partnership,
voluntary association, or private, public, or municipal corporation,
or political subdivision of the state, or department, bureau, agency,
or instrument of federal, state or local government, responsible for
the use of property.
In decibels, the weighted sound pressure level measured by
the use of a sound level meter. Sound level and noise level are synonymous.
The weighting employed shall always be specified.
An instrument, meeting International Electrotechnical Commission
and ANSI standards comprising a microphone, an amplifier, an output
meter, and frequency weighting network(s) that is used for the measurement
of sound pressure levels in a specified manner.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which endangers the health, safety or welfare of the community
or which annoys, disturbs, injures or endangers the comfort, rest,
health, peace or safety of others within the Town of Oakland. Loud
and unnecessary noise shall be considered as follows:
If exceeding daytime hour limits, and/or nighttime hour limits,
the following acts, among others, are declared to be loud, unnecessary,
and disturbing and a danger to the health, safety and welfare of the
community and its people, in violation of this chapter, but the enumeration
shall not be deemed to be inclusive:
A.Â
No person shall play, use, operate or permit to be played, used or
operated any radio receiving set, musical instrument, phonograph or
other machine or device for the production or the reproduction of
sound with louder volume than is necessary for convenient hearing
of the person so playing, using or operating such instrument or device
and such persons who are voluntary listeners or neighboring inhabitants.
The use or operation of any such instrument, radio, phonograph, machine
or device, in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure, vehicle or place in which
it is used or operated, shall be prima facie evidence of a violation
of this chapter.
B.Â
Yelling, shouting, hooting, whistling or singing or the making of
loud and disturbing noises by the use of clappers, bells, horns, musical
instruments or similar devices at any time or place so as to unreasonably
annoy or disturb the quiet, comfort or rest of any person in any residence,
hospital, school, place of business, street or public place.
C.Â
The keeping of any animal or bird which, by causing frequent or long-continued
noise, shall disturb the comfort or repose of any persons in the vicinity.
D.Â
The use of any automobile, motorcycle, truck or vehicle, so out of
repair or loaded or operated in such a manner, as to create loud and
unnecessary grating, grinding, rattling or other noise.
E.Â
The creation of loud and excessive noises in connection with the
loading or unloading of any vehicle or the operating and distraction
of bales, crates and containers.
F.Â
The operation or use of any power lawn mower, chainsaw, fencepost
driller or the like during nighttime hours.
G.Â
Any of the following activities when occurring in close proximity
to residences during nighttime hours: the warming up or idling of
buses, trucks or tractors and the unnecessary or unreasonable or repeated
idling, acceleration and deceleration or starting and stopping of
automobiles and motorcycles.
H.Â
Using, operating or permitting to be played, used or operated, any
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, tape recorder or other machine or device for the producing
or reproducing of sound which is left upon the public streets for
the purposes of commercial advertising or for any other purpose except
as authorized by the government or in public emergencies, provided
that such devices may be employed in connection with nonprofit charitable,
educational, civic, religious or recreational activities in accordance
with permit first obtained therefor from the Town office.
I.Â
Outdoor concerts, except in accordance with permits first obtained
therefor from the Town office.
J.Â
The excavation, grading, paving, erection, demolition, alteration
or repair of any premises, street, building or structure at any other
than daytime hours, except in case of urgent necessity in the interest
of public health and safety and, if the nature of the emergency will
admit the prior procurement of a permit, then only in accordance with
a permit first obtained from the Town Engineer as to public street
work or from the Town Code Enforcement Officer, or the Town's
designee, as to other work, pursuant to this section. Such a permit
may be granted for a period not to exceed three days or less while
the emergency continues. Notwithstanding the foregoing, if the Mayor
and Council or Code Enforcement Officer, or the Town's designee,
as the case may be, shall determine that the public health and safety
will not be impaired by such work within the prohibited hours and
that loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done within the prohibited
work hours upon application being made at the time the permit for
the work is issued or during the progress of the work. The provisions
of this subsection shall not apply to interior or exterior repairs
or to interior alterations, the work for which is actually performed
by a homeowner or occupant personally, during daytime hours, upon
residential premises that are owned by such occupant, provided that
the work shall be done without undue noise or disturbance of peace
and quiet of the neighborhood.
K.Â
The creation of any excessive noise on any street or property adjacent
to any school, institution of learning, church or court while the
same is in use or adjacent to any hospital which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys
patients in the hospital.
A.Â
The Mayor and Town Council is charged with the responsibility of
issuing permits for the activities requiring permits, shall issue
permits for such activities if found that the activities will not
unduly or unnecessarily annoy, disturb, injure or endanger the comfort,
repose, health, peace or safety of others, that the activities will
not violate any other ordinance or law or create a public nuisance
and that the public health and safety will not be endangered thereby.
Only four special permits, per property, will be issued per year.
B.Â
Permits shall specify the dates and hours of the permitted activities,
unless the issuing officer shall determine that it is in the best
interest of the community that the activities take place wholly or
partially during such hours. When giving consideration for a permit,
the availability of duty officers will be considered.
C.Â
The issuing clerk is authorized to adopt and use such forms of applications
and permits as may be reasonably required in the performance of his
or her duties. Each application for a permit shall be signed by the
owner of the property, accompanied by the required fee, payable to
the Town of Oakland, which shall be established by the Mayor and Town
Council by resolution.
An applicant for a permit hereunder shall have the right to
appeal to the Mayor and Town Council from the denial of the permit
by the issuing clerk. Such appeal shall be taken by filing a written
notice of appeal addressed to the Mayor and Town Council. Such notice
shall be filed within three days after the issuing clerk shall have
notified the applicant of the denial of the permit. The Mayor and
Town Council shall act upon the appeal as soon as practicable after
receiving the notice thereof and shall give the applicant an opportunity
to be heard before taking action. The Mayor and Town Council may affirm
the issuing clerk's denial of the permit or may grant the permit
with modifications or conditions.
Nothing in this chapter shall be construed to apply to church
bells or chimes nor to the playing of bands or orchestras in a hall
or building in a manner which will not annoy the peace, comfort and
quiet of the neighboring inhabitants, nor to municipal, county, state
or federal governmental agencies in connection with any emergency,
nor to normal working activities of or activities sponsored by the
Mayor and Council, nor to warning devices on other vehicles used only
for traffic safety purposes, nor to any event or permitted activity
or exempt activity as designated by the Mayor and Town Council of
Oakland.
In addition to the public, law enforcement officers and others
who are designated hereunder shall have the power to enforce and bring
complaints under this chapter. Since a police officer's peace
cannot be disturbed, a complainant may need to file charges individually
for disturbing the peace violations.
Violation of any provision of this chapter shall be deemed a municipal infraction and, upon conviction, be punishable as provided in Chapter 40, Municipal Infractions. If there are violations of a granted permit, future permits may be denied.
