The Town Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing inherent constitutional rights of freedom of speech and assembly, the Council nevertheless finds that it is obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this Town to privacy and freedom from the public nuisance of loud noise.
It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the Town sound-amplifying equipment out of doors in a fixed or movable position or mounted upon any sound truck for any purpose without first obtaining a permit from the Town Council if held by an entertainment license holder, and from the Chief of Police or his designee if not by an entertainment license holder.
A. 
Application for nonentertainment license holder. Every person not holding an entertainment license and seeking to use sound-amplifying equipment shall file a permit application with the Police Department. A permit issued hereunder shall be valid for a maximum period of one week; application shall be made at least 24 hours prior to issuance. The application shall contain the following information:
(1) 
The name, address and telephone number of the person to whom the permit is to be issued;
(2) 
The license and motor number if a sound truck is to be used;
(3) 
A general description of the sound-amplifying equipment which is to be used; and
(4) 
Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes.
B. 
Approval of nonentertainment license holder permit applications. The Police Chief shall return to the applicant an approved certified copy of the permit statement unless he or she finds that:
(1) 
The conditions of the motor vehicle movement are such that, in the opinion of the Chief of Police, the use of the equipment would constitute a detriment to traffic safety;
(2) 
The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
(3) 
The permit statement would violate one or more of the provisions set forth elsewhere in this chapter.
C. 
Disapproval of nonentertainment license holder permit. In the event the permit application is disapproved, the Chief of Police shall endorse thereupon his or her reasons for disapproval and return it forthwith to the applicant.
D. 
Application for Entertainment License Holder. Every person holding an entertainment license, and seeking to use sound-amplifying equipment shall file a permit application with the Town Clerk, with such application to be developed by the Town Manager and Town Clerk. The applicant shall affirmatively demonstrate, by sound testing conducted by a qualified expert who either is 1) a full member of the Acoustical Society of America or the Institute of Noise Control Engineering, or 2) Board certified by the Institute of Acoustical Engineering, that amplified music shall not exceed the maximum permitted sound level at the property line and also shall not exceed 70 dbC at the property line. Sound testing shall be completed at the applicant's expense utilizing the same or substantially similar sound- amplifying equipment with documented volume/gain level on the equipment that will be used during the applicant's business hours to test 1) amplified pink noise; and 2) amplified recorded music representative of the music that will be customarily played through the sound-amplifying equipment. A permit for use of sound-amplifying equipment by an entertainment license holder shall be valid only for the same or substantially similar sound-amplifying equipment that was tested by the aforementioned qualified expert at the time of the application for a period of up to one year and shall entitle the Police Department to enter the premises of the permit holder to test sound levels and inspect the sound-amplifying equipment to ensure that it is the same or substantially similar sound-amplifying equipment used in the sound testing conducted at the time of application.
[Amended 4-24-2023 by Ord. No. 915[1]]
[1]
Editor's Note: Section 2 of this ordinance provided: "This amendment shall become effective as to all sections except § 152-9(D) upon adoption; and as to only § 152-9(D) as follows:
For Entertainment License Holders subject to § 152-4(B) on November 30, 2023,
For all Entertainment License Holders on Main Street or in any structure located within two hundred feet of Main Street on November 30, 2024, and
For all Entertainment License Holders in the Town on November 30, 2025."
E. 
Approval or disapproval of entertainment license holder applications. The Town Council shall hold a public hearing on all such applications, and may approve, approve with conditions, or disapprove of such amplification permit, consistent with the purposes of this chapter,
Prior to the issuance of the permit statement, the applicant shall pay the Town a fee in the amount of $100 for a permit by an entertainment license holder, or $10 for a permit for a nonentertainment holder if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of sound-amplifying equipment for noncommercial purposes by a nonentertainment license holder.
Any person aggrieved by disapproval of a permit application by the Chief of Police may appeal to the Town Council. There shall be no appeal within the Town of disapproval of an entertainment license holder permit application.
The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
A. 
The only sounds permitted shall be either music or human speech, or both.
B. 
The operation of sound-amplifying equipment by holders of entertainment licenses in the Waterfront Area shall only occur in the hours set forth in § 152-4B, and outside of the Waterfront Area shall only occur between the hours of 10:00 a.m. and the legal closing hour of the establishment. The hours of operation may be further restricted by the issuer of the permit.
C. 
The operation of all other sound-amplifying equipment shall only occur between the hours of 10:00 a.m. and 10:00 p.m. each day except Sundays and legal holidays. No operation of said other sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 7:00 p.m. The hours of operation may be further restricted by the issuer of the permit.
D. 
The sound level emanating from nonstationary sound-amplifying equipment shall not exceed 10 dbA or 10 dbC above the maximum permitted sound level, as set forth in § 152-4 hereof.
E. 
Notwithstanding any other provision of this chapter to the contrary, sound-amplifying equipment shall not be operated within 200 feet of schools, hospitals or Town buildings.