[HISTORY: Adopted by the Town Board of the Town of Pacific 6-18-2013 by Ord. No. 2013-5. Amendments noted where applicable.]
This chapter is entitled the "Town of Pacific Noise Control Ordinance." This chapter repeals and replaces any previously adopted Town ordinance covering the subject matter of this chapter.
The Town of Pacific recognizes that excessive noise is a serious threat to the public health and welfare, public safety, quality of life and property values. It is the policy of the Town to prevent and abate excessive noise which may jeopardize the public health, safety or welfare or which would cause harm to property values or which would impair the quality of life within the Town.
General. No person or entity shall make, cause to be made, or assist in making any sounds or noises so loud as to unreasonably disturb the peace and quiet of persons of normal sensibilities in the surrounding vicinity.
Outdoor public address systems and amplifiers. No person or entity occupying or in charge of any premises located outside of a fully enclosed building or structure, or part thereof, shall use or operate on those premises, or allow others to use or operate on those premises, any public address system, instrument, amplifier, machine or other device which increases the volume of voice, music or other sounds so loud as to unreasonably disturb the public peace or the quiet and peacefulness of persons of ordinary sensibilities in the surrounding neighborhood. The restriction shall not apply to the following:
The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work, or the emission of sounds brought about by emergency conditions where such sound is a by-product of activities necessary for the preservation or public safety or the protection of health, safety and welfare of any person or property.
Warning devices necessary for the protection of public safety; the emission of any noise necessary for the protection of the health, safety or welfare of a person or property.
The operation of authorized emergency vehicles or law enforcement vehicles.
Sounds disturbing only those persons located on the same premises upon which the sound is generated.
Content not to be considered. The content of music, voices or other sounds shall not be considered in applying this chapter.
This chapter may be enforced by the Town Board, any local or state health official, or any law enforcement official authorized to act within the Town. The Town Board, by resolution, may also designate such other officials or individuals as the Town Board deems appropriate to enforce this chapter.
First offense. Any person or entity who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500, together with the costs of prosecution.
Subsequent offense. Any person or entity found guilty of violating this chapter who shall previously have been convicted of a violation of this same ordinance shall, upon conviction thereof, forfeit not less than $250 nor more than $1,000 for each such offense, together with the costs of prosecution.
Any violation of this chapter shall be deemed and is declared to be a public nuisance. Accordingly, anyone violating this chapter, in addition to other remedies, shall be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.