[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.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
The operation of authorized emergency vehicles or law enforcement
vehicles.
(5)
Sounds disturbing only those persons located on the same premises
upon which the sound is generated.
C.
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.
A.
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.
B.
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.
