[HISTORY: Adopted by the City Council of
the City of Salem as Ch. XXII, Secs. 22:02 through 22:11, of the 1975
Municipal Code. Amendments noted where applicable.]
[Amended 11-3-1986 by Ord. No. 86-24]
As used in this chapter, the following terms
shall have the meanings indicated:
Any sound which is capable of being heard or perceived by
a person of normal aural range at a distance of 25 feet or greater
from the source.
[Amended 12-18-2006 by Ord. No. 06-30]
No person shall play, use, or 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 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 thereto or in such manner
as to disturb the peace, quiet and comfort of 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 100 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.
No person shall for advertising purposes or
for the purpose of attracting the attention of the passing public
play, use, operate or permit to be played, used or operated any radio
receiving set, musical instrument, phonograph, loud musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound on the streets or public
places of the City of Salem or in any place where the sound therefrom
is cast directly upon the streets or public places or which is so
placed and operated that the sound therefrom can be heard to the annoyance
or inconvenience of travelers upon any street or public place or of
persons in neighboring premises.
[Amended 10-16-1995 by Ord. No. 95-15]
No person shall use or operate any sound truck
or any loudspeaker or sound amplifier or radio or phonograph with
a loudspeaker or sound amplifier or any other such vehicle upon the
streets of the City of Salem without the approval of the appropriate
committee of the City Council.
No person shall sound any horn or warning device
on any automobile, motorcycle, bus or other vehicle, except when required
by law or when necessary to give timely warning of the approach of
the vehicle or as a warning of impending danger to persons driving
other vehicles or to persons upon the street. No person shall sound
any horn or warning device on any automobile, motorcycle, bus or other
vehicle which shall emit an unreasonably loud or harsh sound or for
any unnecessary or unreasonable period of time.
No hawker, peddler or vendor shall shout or
cry out his wares upon any street or public place between the hours
of 7:00 p.m. and 7:00 a.m.
No person shall create any loud or excessive
noise in connection with the loading or unloading of any vehicle or
the opening or destruction of bales, boxes, crates or containers.
No person shall use any drum, loudspeaker or
other instrument or device or create any noise for the purpose of
attracting attention to any performances, show or sale or display
of merchandise.
No person shall create any unreasonably loud
disturbance or unnecessary noise of such character, intensity or duration
as to disturb the peace, quiet and comfort of the neighboring inhabitants
or to the annoyance or inconvenience of travelers on the street or
persons in neighboring premises.
[Amended 3-3-2008 by Ord. No. 08-06]
No person shall operate a truck or other motor
vehicle in the City of Salem in such manner or so constructed or loaded
that it shall create or emit an unreasonably loud or harsh sound disturbing
the peace, quiet and comfort of the citizens of the City of Salem.
The use of Jake brakes® or other similar breaking device is prohibited
in the City of Salem and shall constitute a presumed violation of
this chapter; however, it shall be a defense if the truck driver can
demonstrate that such breaking device was used for emergency purposes.
[Amended 10-16-1995 by Ord. No. 95-15]
[Amended 10-16-1995 by Ord. No. 95-15; 12-18-2006 by Ord. No.
06-30]
Any person violating any of the provisions of
this chapter shall, upon conviction, be punishable by a fine of not
less than $300 nor more than $1,000 or imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90
days.
