[HISTORY: Adopted by the City Council of
the City of Watertown as Ch. 70 of the 1949 Code. Amendments noted
where applicable.]
[Amended 4-4-2011 by L.L. No. 1-2011]
A.
General prohibition. The creation of any unreasonably loud, disturbing
noise in the City is prohibited. Noise of such character, intensity
or duration as to endanger public comfort, peace or repose or to be
detrimental to the life or health of any individual is declared to
be a nuisance and is prohibited. Noise of such character, intensity
or duration is hereby declared to be a nuisance within the meaning
of this section, but such designation shall not be deemed to be exclusive.
B.
AUTHORIZED EMERGENCY VEHICLE
DEVICE
EMERGENCY
EMERGENCY WARNING DEVICE
PERSON
REAL PROPERTY BOUNDARY
SOUND REPRODUCTION DEVICE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Definitions.
Every ambulance, police vehicle, fire vehicle and civil defense
vehicle when on emergency calls.
Any mechanism which is intended to or which actually produces
sound when operated or handled.
A public calamity or an exposure of any person or property
to imminent danger.
Any sound signal device that is designed to be used and is
actually used to warn of an emergency.
Any individual, partnership, company, corporation, association,
firm, organization, government agency, administration or department,
or any other group of individuals, or any person or employee thereof.
An imaginary line exterior to any structure, along the ground
surface, which separates the real property owned by one person from
that owned by another person, and the vertical extension of such line.
A device intended primarily for the production or reproduction
of sound including, but not limited to, any musical instrument, radio
receiver, tape recorder, cd player, phonograph or sound amplification
system.
Any land under the ownership or control of a person in or
upon which one or more sound sources are located. The sound source
site includes all individual sound sources that are located on such
site, whether stationary, movable or mobile.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures, or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities,
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unnecessary noise
exists in a given situation include but are not limited to the following:
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The intensity of the background noise.
The proximity of the noise to sleeping facilities.
The nature and the zoning district of the area within which
the noise emanates.
The time of day or night the noise occurs.
The duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or intermittent.
Whether alternative methods are available to achieve the objectives
of the sound-producing activity.
No person shall sound or cause to be sounded
any bell, except a church bell, in such manner or with such volume
as to disturb the quiet, comfort or repose of persons in the vicinity
thereof.
No person shall blow or cause to be blown any
steam whistle, except to give notice of the time to begin or stop
work or as a warning of danger.
A.
No person shall use, operate or maintain, or, being
the owner or lessee of any premises, permit the use, maintenance or
operation thereon of any radio, phonograph, loudspeaker, amplifier
or any like reproducing device in such a manner or with such volume
at any time as to annoy the quiet, comfort or repose of travelers
upon any street or of persons in any dwelling, hotel or other type
of residence. No person shall use, operate or maintain any loudspeaker
or amplifier on any truck or vehicle, except police and emergency
trucks or vehicles.
B.
The City Manager may grant permission in writing to any person to reasonably broadcast or amplify in or upon the streets of the city, and if and when such permission is granted and broadcasting or amplifying is done pursuant to such permission, the provisions of the foregoing Subsection A shall not apply.
[Amended 11-19-1951]
No person shall permit the motor of a tractor
or truck to continue operating while such tractor or truck is not
in motion and is standing or parked on any public street or in any
public place in any residential zone during the hours between 10:00
p.m. and 6:30 a.m.
[Added 12-1-1986 by L.L. No. 1-1986; amended 4-4-2011 by L.L. No. 1-2011]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be subject to a
fine of not less than $50 nor more than $250. Each day of continued
violation is a separate and distinct offense.
[Added 8-16-1993]
A.
The creation of any unreasonable, loud, disturbing
or unnecessary noise in the area of Thompson Park in the City of Watertown
is prohibited.
B.
This unreasonable, loud, disturbing or unnecessary
noise shall be any sound that can be heard from twenty (20) feet away
from the source of the noise that is eighty (80) decibels or more
and shall be prohibited.
C.
The source of the sound to be prohibited can either
be human, animal, mechanical or electronic in origin.
D.
The City Council may issue permits for certain events
which may generate sounds in excess of the stated level.
[Added 4-4-2011 by L.L.
No. 1-2011]
No person shall operate or cause to be operated any emergency
warning device, except:
A.
To give notice as a warning of any emergency;
B.
On an authorized emergency vehicle when such vehicle is engaged in
emergency operations provided that such device is not operated to
create unnecessary noise or for a period of time longer than is necessary
to respond to such emergency;
C.
When such device is under test.
[Added 4-4-2011 by L.L.
No. 1-2011]
Except as otherwise provided in this chapter, no person shall
cause or permit the discharge into the open air the exhaust of any
device, including but not limited to any steam engine, diesel engine,
internal combustion engine or turbine engine, so as to create unreasonable
noise.
[Added 4-4-2011 by L.L.
No. 1-2011]
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound:
A.
In such a manner as to create unreasonable noise plainly audible
across a real property boundary, except for activities open to the
public and for which a permit has been issued by the Chief of Police
or his designee pursuant to rules and regulations promulgated or by
license issued by the City Manager.
B.
In such a manner as to create unreasonable noise that is plainly
audible at 50 feet from such device, when operated in or on a motor
vehicle on a public highway.
C.
In such a manner as to create unreasonable noise to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
D.
In such a manner as to create unreasonable noise that enters an apartment
or dwelling unit that is separate and distinct from the apartment
or dwelling unit from which the unreasonable noise originated.
[Added 4-4-2011 by L.L.
No. 1-2011]
No person shall operate a motor vehicle in such a manner as
to cause unnecessary noise by spinning or squealing the tires of such
motor vehicle.
