Highlighted below: 8 of 11 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 26 - ENVIRONMENT#

Footnotes:#

(1) ---

Cross reference— Animals, ch. 14; buildings and building regulations, ch. 18; fire prevention and protection, ch. 30; offenses and miscellaneous provisions, ch. 38; solid waste, ch. 46; utilities, ch. 62; subdivisions, app. A.

State Law reference— Erosion and sediment control, Code of Virginia, § 10.1-560 et seq.; stormwater management, Code of Virginia, §§ 10.1-603.3, 15.1-292.4; local air pollution ordinances, Code of Virginia, § 10.1-1321; municipal abatement of nuisances, Code of Virginia, § 15.1-14(5); action for abatement of nuisance or the costs thereof, Code of Virginia, § 15.1-29.21; drainage, condemnation for drainage systems, Code of Virginia, § 15.1-283; extraterritorial powers in prevention of water pollution, Code of Virginia, § 15.1-292; contracts relating to prevention of water pollution, Code of Virginia, § 15.1-318; municipal power to have nuisances removed, collection of costs, Code of Virginia, § 15.1-867.

ARTICLE I. - NUISANCES#

Footnotes:#

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Editor's note— Ordinance of 6-15-09(2), adopted June 15, 2009, added new art. I, §§ 26-1—26-21, pertaining to nuisances. For purposes of classification, the editor has redesignated these provisions as a new art. I, divs. 1—5, §§ 26-1—26-21. Former art. I was titled "In General."

Sec. 26-1. - Introduction.#

Pursuant to subsection 3.4 F of the Town Charter; Code of Virginia §§ 15.2-900 and 15.2-1115, the town council hereby adopts the following remedies to compel a responsible party to abate, raze and remove a public nuisance.

(Ord. of 6-15-09(2))

Sec. 26-2. - Definitions.#

The following words whenever used in this article shall have the following meaning, unless a different meaning is clearly required by the context:

Costs. The cost to the town to abate a weed or trash nuisance, including but not limited to, the cost of delivering the notice, labor, equipment, tipping fees, contractor's fees, and any other cost directly associated with the action taken to abate the nuisance.

Graffiti. The defacement or the unauthorized application by any means by any writing, painting, drawing, etching, scratching or marking of an inscription, word, figure, mark or design of any type on any public or private building, wall, fence, other structure or other real estate or personal property owned, operated or maintained by a governmental entity or agency or instrumentality thereof, or by any private person, firm, or corporation.

Nuisance. The doing of any act or the omission to perform any act, or the permitting of any condition or thing to exist that endangers life or health, obstructs, or interferes with the use of public or private property to which said property is normally put, or tends to substantially depreciate the value of the property of others. Any act, or the omission to perform any act, whereby the health or life of any person may be endangered, injured or impaired, or any disease may, directly or indirectly, be caused by the act, or because of the act any property may be endangered, injured or damaged, is hereby declared to be a public nuisance and unlawful. Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, dangerous or unhealthy substances which have escaped, spilled, been released, or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private buildings, walls, or structures which constitute a menace to the health and safety of the occupants thereof or the public; and the removal of weeds from private or public property and snow from sidewalks; the covering or removal of offensive, unwholesome, unsanitary or unhealthy substances allowed to accumulate in or on any place or premises; the filing in to the street level, fencing or protection by other means, of the portion of any lot adjacent to a street where the difference in level between the lot and the street constitutes a danger to life and limb; the raising or draining of grounds subject to be covered by stagnant water; and the razing or repair of all unsafe, dangerous or unsanitary public or private buildings, walls or structures which constitute a menace to the health and safety of the occupants thereof or the public. Whenever the term nuisance is used in this chapter, it shall be deemed to mean a public nuisance.

Occupant. Any person who resides in a single-family dwelling, duplex, or townhouse or apartment, whether or not the person is the lessor. "Occupant" means any person who possesses and uses commercial or other property, with permission of or by contract with the owner. "Occupant" and "responsible party" defined below, have the same definition.

Odor. Any smell from whatever source that can be detected beyond the property lines of the property from which it emanates.

Person. Person shall include individuals, corporations, partnerships, and all other legal entities, which may hold title to real or personal property.

Premises. A tract of real property, with or without a building or buildings thereon, and shall include its grounds and other appurtenances.

Property. Both real property and personal.

Reasonable time. A time period not less than 48 hours and not more than ten calendar days, which will afford the owner a fair opportunity to abate the violation, given the time of year, type of violation, amount of weeds or trash, and other relevant factors, while achieving the goal of eradicating the public nuisance. The term "reasonable time" with respect to a property with repeat notices of violation within any 12-month time period shall mean a time period not less than 24 hours and not more than ten calendar days, with due consideration to the factors listed above.

Responsible party. Includes, but is not limited to, the owner, occupier, or possessor of the premises where the nuisance is located; the owner or agent of the owner of the material which escaped, spilled, or was released; and the owner or agent of the owner who was transporting or otherwise responsible for such material and whose acts or negligence caused such public nuisance.

Trash. Abandoned personal property, garbage, refuse, litter, or debris openly lying on any parcel, or street, which might endanger the health of residents of the town.

Weed or weeds. Any plant, grass or other vegetation over ten inches in height growing upon private property within the town. The term excludes cultivated crops or disturbed woodland beyond a depth of 200 feet from any public street or right of way, not otherwise in violation. Groundcover purposefully planted for bank stabilization is not included. The term excludes cultivated crops, hay grown, mown, and stored for animal feed, or undisturbed woodland.

(Ord. of 6-15-09(2))

Sec. 26-3. - Illustrative enumeration.#

The existence of any of the following activities or conditions are hereby declared to be a public nuisance provided, however, this enumeration shall not be deemed conclusive, limiting, or restrictive:

(1) Any violation of this article pertaining to weed or trash control, and/or any violation of this article pertaining to household appliances and furniture.

(2) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metal, lumber, or other things that cause a blighting problem or adversely affects the public health or safety.

(3) Any condition which provides harborage for rats, mice, snakes, and other vermin.

(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.

(5) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes, which give rise to the emission or generation of such odors and stenches.

(6) The carcasses of animals or fowl not disposed of within 24 hours after death.

(7) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.

(8) Any building, structure, or other place or location where any activity which is in violation of local, state or federal law is conducted, performed, or maintained.

(9) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.

(10) Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities.

(11) Any action, which unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk stream, ditch, or drainage area, or that would constitute a violation pertaining to loitering and which are more likely than not to reoccur in the future.

(Ord. of 6-15-09(2))

Sec. 26-4. - Prohibited.#

(a) It shall be unlawful for any person to create, cause, permit, or maintain a public nuisance. It shall also be unlawful for any person to permit the continuation of a public nuisance after having been served a notice to abate such nuisance.

(b) If the owner of a building or premises fails to abate, or cause to be abated, a public nuisance occurring on his or her property after receiving required herein notice of its existence, even though such nuisance was caused or maintained by others, he shall be deemed to have permitted the continuation of such nuisance.

(1) Civil penalty for violation. Violation of this article shall be subject to a civil penalty in the amount of $50.00 for the first violation or violations arising from the same set of operative facts. The civil penalty for each subsequent violation not arising from the same set of operative facts within 12 months of the first violation shall be $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts, result in civil penalties that exceed a total of $3,000.00 in a 12-month period.

(2) Class 3 misdemeanor. In the event three civil penalties have previously been imposed on the same owner or owners for the same or similar violations, not arising from the same set of operative facts, within a 24-month set period, then such owner or owners shall be guilty of a class 3 misdemeanor.

(Ord. of 6-15-09(2))

Sec. 26-5. - Notice to abate.#

Whenever a nuisance is found to exist within the town, the town manager or his designee shall give written notice to the owner or occupant of the property upon which such nuisance exists and to the person causing or maintaining the nuisance, if such person is known.

(Ord. of 6-15-09(2))

Sec. 26-6. - Contents of notice.#

The notice to abate a nuisance issued under the provisions of this article shall contain:

(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.

(2) The location of a nuisance, if the same is stationary.

(3) A description of what constitutes the nuisance.

(4) A statement that if the nuisance is not abated as directed, and no request for hearing is made within the prescribed time, the town will abate such nuisance and assess the cost thereof against such person.

(5) A statement that the failure to abate a nuisance constitutes a criminal offense punishable as a class 1 misdemeanor.

(Ord. of 6-15-09(2))

Sec. 26-7. - Service of notice.#

(a) The notice to abate a nuisance shall be given to the owner, the owner's agent, or person in control of the property on which the nuisance is located, by delivering a copy of the notice to abate in person. If the person named in the notice to abate cannot be found after a diligent search, such notice shall be sent by registered mail to the last known address of such person and a copy of the notice shall be posted in a conspicuous place on the premises. Such procedure shall be deemed the equivalent of personal notice.

(b) The notice to abate a nuisance shall be given to a corporation, bank, trust company or other entity who is the owner of such property or who acts as the owner's agent by delivering a copy thereof to its president or such other officer, manager, director or agent thereof in the town; or if such person cannot be found at the regular office or place of business in the town of such corporation, bank, trust company, or corporate entity by delivering a copy to any employee thereof found at such office or place of business; or if no such person is found in such office or place of business, by leaving such copy posted at the front door of such office or place of business and a copy of the notice shall be posted on a conspicuous place on the premises. Such procedure shall be deemed the equivalent of personal notice.

(c) If the owner of the property on which a nuisance is located is unknown or has no place of abode, office or place of business in the town, or after reasonable efforts the town cannot locate a last known address or the property is unoccupied, notice shall be given by order of publication, by publishing a copy of the notice in a newspaper of general circulation in the town at least twice, 15 days prior to the abatement of the nuisance, and a copy of the notice to abate shall also be posted in a conspicuous place on the premises.

(Ord. of 6-15-09(2))

Article II. - Nuisances#

Sec. 26-8. - Hearing.#

Upon request, a hearing shall be held before the town manager and the designee who initially determined the existence of the nuisance. If, after hearing evidence, the town manager finds by a preponderance of the evidence that such a nuisance exists, shall order its abatement; otherwise, he shall dismiss the notice. A hearing must be requested in writing at least 48 hours prior to the date given for the abatement of the nuisance. The hearing shall be an informal administrative proceeding rather than a judicial-type trial and while each party shall have the opportunity to present pertinent information and to question adverse witnesses the rules of the evidence shall not apply. The decision of the designated officer is final and not subject to appeal.

(Ord. of 6-15-09(2))

Sec. 26-9. - Abatement by the town.#

If an owner or occupant shall fail to abate or remove a nuisance contemplated by this section within 15 days from the mailing of a written notice to do so from the town manager or his duly designated, then the town may abate and remove the nuisance and charge and collect the cost thereof from the owner or occupant of the property affected in any manner provided by law for the collection of state and local taxes, including making the charges a lien upon the property, to be noted and enforced as is the lien for real property taxes. In order to abate a nuisance, the town may revoke any permit or license issued by the town to the owner of the offending property and which is required by law to conduct the business or activity which gives rise to the nuisance. If the nuisance is not subject to abatement by the town, or if otherwise appropriate, the town manager or his agent shall cause criminal or equitable proceedings to be instituted against the person or persons causing or permitting the continuation of the nuisance.

When, in the opinion of the town manager, a nuisance results in a condition that creates an immediate, serious and imminent threat to the health or safety of the public, the official may have the necessary work done to abate the nuisance, whether or not notice to require the owner or occupant of the premises to abate the nuisance has been given.

(Ord. of 6-15-09(2))

Sec. 26-10. - Accumulation of trash or weeds prohibited; duty of owner and occupant.#

Pursuant to Code of Virginia, § 15.2-901, as amended, it shall be unlawful for any owner or occupant of any private property, whether improved or unimproved, or whether inhabited or uninhabited, to have the following on said property:

(1) Any weeds, grass, plants or other vegetation, other than bushes, trees, shrubs, flowers or ornamental plants which have grown to a height in excess of ten inches.

(2) Any trash, garbage, refuse, litter, lumber, junk, debris, implements, equipment or other personal property including furniture, appliances, etc., which are unused or unusable and which are unsheltered, uncovered or unhoused.

It shall be the joint and several duty of the owner and occupant of any parcel to immediately cut, remove, or destroy any and all weeds and to remove trash from his or her parcel.

(Ord. of 6-15-09(2); Ord. of 5-15-17)

Sec. 26-11. - Notice to remove weeds or trash.#

(a) When the town manager or his designee determines that a violation of this article exists with respect to any parcel, he shall deliver written notice to the owner, via one or more of the following methods:

(1) Mail written notice thereof to the owner, at the owner's address as determined from public records, via certified mail;

(2) Mail written notice thereof to the occupant, at the address where the violation is observed, via certified mail;

(3) Hand-deliver written notice to the owner, the owner's agent, or occupant personally, noting the date, time, and place of personal delivery.

(b) The notice shall:

(1) Set forth the alleged violation of this article;

(2) Describe the parcel of real property by street address or reasonable alternative means;

(3) Demand the removal of the weeds or trash;

(4) Advise that if the weeds or trash are not removed within 15 days of the delivery of the notice, the town will proceed to remove them, with the costs thereof together with an administrative fee authorized by this article being specially assessed against the owner of the parcel;

(5) Advise that the town's costs, together with the administrative fee, will constitute a lien against the property in favor of the town, and a personal liability of the owner or occupant;

(6) Afford the owner or occupant an opportunity to meet with the town manager for a hearing on all alleged violations, the proposed action, and the consequences thereof.

(c) The owner or occupant may request a hearing with the town manager, in writing, within the 15-day time period set forth in the notice. In the event the owner or occupant requests a hearing, the town manager shall set a hearing and notify the owner of the time and location of the hearing, to be held within five days from the date of the manager's receipt of the request for hearing. The town will postpone any enforcement action until after the date and time set for the hearing.

(d) After such notice is sent, no additional notices shall be required within the same growing season.

(Ord. of 6-15-09(2); Ord. of 5-15-17)

Sec. 26-12. - Town action to abate the violation.#

If the owner or occupant shall fail to complete the abatement of the weeds or trash within the 15 days specified in the written notice, the town manager may direct town forces to abate or complete the abatement of the violation. In the alternate, the town manager may contract for this work to be done by a private contractor.

(Ord. of 6-15-09(2); Ord. of 5-15-17)

Sec. 26-13. - Costs of town action constitute a lien on property; administrative fee authorized.#

In any case where the town has delivered written notice to the owner through one of the methods prescribed in section 26-11, the costs of any town action to abate the weeds or trash violation shall constitute a lien against the parcel. In addition, an administrative fee of $100.00 is hereby ordained to be assessed against the owner. The costs plus the administrative fee shall constitute a lien against the parcel, ranking on a parity with liens for unpaid local taxes, and are enforceable in the same manner. The town may, in the manager's or his designee's own discretion, waive this lien to facilitate the sale of the property. The town may waive the lien only as to a purchaser who is unrelated by blood or marriage to the owner and has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(Ord. of 6-15-09(2); Ord. of 5-15-17)

Sec. 26-14. - Exemptions.#

The requirement of subsection 26-10(a) to cut, remove, or destroy any and all weeds, shall not apply to any property which meets the following conditions:

The parcel is open space (or equivalent) designated as such as a zoning proffer on a subdivision plat, or as a conservation easement; the parcel is not used for active recreation; and the designation contemplates that the area is set aside to remain in a natural state and the owner or occupant mows a buffer swath at the perimeter of the property, ten feet in width where the property adjoins a public right-of-way§. The vegetation in this buffer area shall not exceed ten inches in height.

(Ord. of 6-15-09(2); Ord. of 5-15-17)

Sec. 26-14A. - Additional penalties.#

Violations of this article are subject to a civil penalty of $50.00 for the first violation. Subsequent violations by the owner that do not arise out of the same facts are punishable with a civil penalty of $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period. Such violations shall be a class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation within a 24-month period.

(Ord. of 5-15-17)

Sec. 26-15. - Definitions.#

The following words whenever used in this article shall have the meaning respectively set forth unless a different meaning is clearly required by the context:

Elements. Those aspects of inclement weather conditions for which such items are not designed nor intended to function or exist for extended periods of time such as rain, wind, and temperature extremes normally associated with outdoor conditions.

Exposed. Circumstances under which such items will experience wear and tear due to their locations out of doors and/or the deleterious effects of the elements such that water may accumulate and/or which may shelter and/or encourage the harboring of rodents and/or mosquitoes, and/or materials which generate obnoxious odors and/or become an electrical shock or fire hazard. "Exposed" expressly does not include an operating appliance in working condition located in a partially covered area, such as a garage or porch, such that it is not susceptible to coming in contact with rain. Provided, however, "exposed" shall not include the interior of any fully enclosed porch, including, without limitation, a porch enclosed by screening material, that cannot be accessed from outside except through a closed door that can be locked, and shall not be considered "outside" for the purpose of this section.

Household appliances and household furniture. Those items routinely used within a household that have no weatherproofing qualities.

(Ord. of 6-15-09(2))

Sec. 26-16. - Household appliances and household furniture prohibited outside any dwelling.#

It shall be unlawful for any person residing in or having charge or control of any dwelling within the town, to leave or permit to remain outside of any such dwelling any household appliances or household furniture in such a manner that same are exposed to the elements.§

(Ord. of 6-15-09(2))

Sec. 26-17. - Exceptions.#

The following shall constitute specific exceptions to any alleged violation of this provision:

(1) That such furniture was placed in an outside location in order to allow it to be moved during a move of a resident or residents or removed as part of a trash or recycling program on a day scheduled for such moving or removal.

(2) That such furniture was temporarily placed in an outside location in order that it be offered for sale at a yard sale or garage sale if each of the following conditions exists:

a. The furniture is located in an outside location only during the hours of 7:00 a.m. to 6:00 p.m.

b. The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard sale or garage sale in order to monitor the sale.

c. A sign is placed on or near the furniture indicating that it is for sale.

d. This exception shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period.

(Ord. of 6-15-09(2))

Sec. 26-18. - Graffiti prohibited; criminal penalty.#

It shall be unlawful for any person to deface or damage private or public property, by or through the application of graffiti.§

(Ord. of 6-15-09(2))

Sec. 26-19. - Parental responsibility for damage to property.#

In the event graffiti is applied to any public or private property by a minor who is living with either or both parents, the town may institute an action and recover from the parents of the minor, or either of them, the costs for damages suffered by a reason of the willful destruction of, or damage to, public property by the minor. The action by the town shall be subject to any limitations on the amount of recovered set forth. Any recovery action brought by an owner for damages by reason of graffiti to private property shall be subject to the limitations set forth.

(Ord. of 6-15-09(2))

Sec. 26-20. - Authority for town to remove or repair the defacement of buildings, walls, fences, and other structures.#

(a) The town manager or his agent is authorized to undertake or contract for the removal or repair of the defacement, by or through the application of graffiti, on any public buildings, wall, fence or other structure or any private building, wall, fence, or other structure where such graffiti is visible from any public right-of-way.

(b) Prior to such removal, the town manager or his agent shall seek the written permission of the property owner whenever possible. If the property owner fails to provide requested permission with ten days of receipt of the request or denies the request, the abatement procedures set forth in this article shall be followed to effect removal or repair of the defacement.

(c) After receiving written permission or giving proper notice, the town may undertake the removal or repair of the defacement.

(Ord. of 6-15-09(2))

Sec. 26-21. - Keeping of birds.#

It shall be unlawful for any person to erect, place, maintain or continue any pen, coop, yard or other building upon any lot or ground in the town for the purpose of confining or housing any bird, unless the floor of such building or coop is constructed of such material and in such a manner that it can be kept clean and sanitary at all times§, unless the location of such shall be authorized by the board of health.

All coops and other buildings wherein birds are kept shall be provided with flytight bins, or other tightly closed receptacles for manure, of dimensions sufficient to contain all accumulations of manure as to prevent its becoming a nuisance. No manure shall be allowed to accumulate on the floor or on adjacent ground.

(Ord. of 6-15-09(2))

ARTICLE II. - BURNING#

Sec. 26-26. - Burning of wood, brush or other material prohibited.#

Except as provided in this article, the open burning or the open burning by open pit incinerators or conical burners, of leaves, brush, logs, grass, debris, or other inflammable material within the town limits is prohibited. The provisions of this section are intended to apply to such burning on public and private property. The provisions of this section shall not apply to fires set on rights-of-way of railroad companies by their duly authorized employees, fires set pursuant to a duly authorized exercise of the town fire department or fires set to cook food.

(Ord. of 3-15-93)

Sec. 26-27. - Exceptions to open burning prohibition.#

(a) Open burning is permitted in agricultural zones only for forest management and agriculture practices set forth in subsections (b) and (c) of this section, provided the following conditions are met:

(1) The burning shall be at least 1,000 feet from any occupied building§, unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted.

(2) The burning shall be attended at all times.

(3) An application shall be filed with the town manager setting forth information necessary to determine that compliance with this section shall be maintained. If the application is in proper form the town manager shall issue a permit allowing the burning pursuant to this section.

(b) Open burning may be used for the following forest management practices to:

(1) Reduce forest fuels and minimize the effect of wild fires.

(2) Control undesirable growth of hardwoods.

(3) Control disease in pine seedlings.

(4) Prepare forest land for planting or seeding.

(5) Create a favorable habitat for certain species of wildlife.

(6) Remove dead vegetation for the maintenance of railroad, highway, and public utility right-of-way.

(1) Destroy undesirable vegetation.

(2) Clear orchards and orchard prunings.

(3) Destroy fertilizer and chemical containers.

(4) Denature seed and grain which may no longer be suitable for agricultural purposes.

(5) Prevent loss from frost or freeze damage.

(6) Create a favorable habitat for certain species of wildlife.

(7) Destroy strings and plastic ground cover remaining in the field after being used in growing staked tomatoes.

(d) Open burning is permitted in any zone, provided a permit can be obtained for the burning from the state department of air pollution control, and provided such burning is conducted pursuant to the permit.

(Ord. of 10-4-71; Ord. of 3-15-93)

State Law reference— Burning of woods, brush and other flammable material, Code of Virginia, § 10.1-1142; department of air pollution control, Code of Virginia, § 10.1-1307.1.

ARTICLE III. - NOISE#

Footnotes: --- (3) ---

State Law reference— Local regulation of motorcycle noise, Code of Virginia, § 15.1-29.12; local regulation of air cannons, Code of Virginia, § 15.1-29.13; loudspeakers near polling places, Code of Virginia, § 24.1-96.1; muffler cutout, etc., illegal, Code of Virginia, § 46.2-1047; use of railroad steam whistle near highway crossings, Code of Virginia, §§ 56-414, 56-415.

Sec. 26-51. - Enumeration of prohibited noises.#

It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or such noises as disturb the quiet and peace of any citizen of the town. The following acts, among others, are declared to be loud and disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1) Blowing horns. The sounding or blowing of any horn or signal device on any automobile, motorcycle, motor bus or other vehicle, except as a danger or warning signal to other motorists or pedestrians.

(2) Noise from property. The creation of any noise from any source, which is audible beyond the property lines of any residential or commercial property.§

(3) Use of vehicle. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, equipped, or used or repaired in such manner as to create noise which is audible at a distance of 100 feet or more§ from said vehicle.

(4) Exhaust discharge. To discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motorboat engine or motor vehicle, except through a muffler or other device, which will effectively prevent noise therefrom being audible at a distance of 100 feet or more.

(5) Devices using compressed air. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced so as to be inaudible from a distance of 100 feet or more from said device.

(6) Building operations. The erection, including excavation, demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday§, except in case of urgent necessity in the interest of public safety, and then only with a permit from the proper town officials.

(7) Bells or gongs. The sounding of any bell or gong attached to any building or premises other than a church which is audible from a distance of 100 feet from said bell or gong.

(8) Hawking, peddling or soliciting. Shouting, loud talking, crying or soliciting by peddlers, hawkers, taxi drivers, solicitors and vendors which is audible from a distance of 100 feet or more therefrom.

(9) Noise to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to or occurring during any performance or event, show, sale or the display or advertisement of merchandise, by the creation of noise, except by special permission of the town manager.

(10) Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeaker or amplifiers on trucks, airplanes, or other vehicles for advertising or other purposes, except by special permission of the town manager.

(11) Operation of radios or other sound making devices or instruments in vehicles. It will be unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player or other mechanical sound making device or instrument from within, upon or outside of a motor vehicle so that the sound is audible at a distance of 100 feet or more from the motor vehicle.

(Code 1971, § 14-24; Ord. of 11-21-94; Ord. of 8-24-09(1); Ord. of 8-25-14(2))

Sec. 26-52. - Exemptions.#

The following uses and activities shall be exempt from noise level regulations:

(1) Noises of safety signals, warning devices and emergency pressure relief valves;

(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;

(3) Noises resulting from church bells, chimes and carillons;

(4) Noises resulting from special events sanctioned by the town council.

(Ord. of 11-21-94; Ord. of 8-25-14(2))