ARTICLE  II / TITLE  7

AN ORDINANCE: MAKING, CREATING, OR PERMITTING UNREASONABLY LOUD, DISTURBING, OR UNNECESSARY NOISE

Section 1.

Subject to the provisions of this ordinance:

(a) The making, creation, or permitting of any unreasonably loud, disturbing, and unnecessary loud noise within the corporate limits of the Town of Kenton is hereby prohibited.

(b) The making, creating, or permitting of any noise of such character, intensity, of duration as to be detrimental to the life, health, or welfare of an individual, or which either disturbs, injures, or endangers the comfort, repose, peace, or safety of any individual is hereby prohibited.

Section 2.

The following acts, among others, are declared to be unreasonably loud, disturbing, and unnecessary noises in violation of this Section, but said enumeration shall not be deemed exclusive, namely:

(a) Blowing horns The sounding of any horn or signal device of any automobile, motorcycle, bus, or other vehicle, except as a danger signal, so as to create any unreasonably loud or harsh sound, or the sounding of such device for any unnecessary and unreasonable period of time.

(b) Radios, CD players, tape recorders, etc… The playing of any radio, CD player, tape recorder or any musical instrument in such manner or with such volume, as to annoy or disturb the peace and quiet of any individual in the Town.

(c) Pets The keeping of any animal or bird, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.

(d) Use of vehicle The use of any automobile, truck, motorcycle, motorbike, moped, motor scooter, “dirt bike”, or other self-propelled vehicle, whether licensed and registered to operate on the public highways of this state or not, or operated in such a manner as to create unreasonably loud and unnecessary grating, grinding, rattling, or other noise.

(e)

(f) Loudspeakers or amplifiers The use of mechanical loudspeakers or amplifiers whether stationary or mounted on a vehicle for advertising or other purpose. Provided that in the exercise of free speech, loudspeakers or amplifiers may be used for non-commercial purposes under the following conditions:

(1) It shall be unlawful to speak into a loudspeaker or amplifier within the corporate limits of the Town between the hours of 9:30 p.m. and 9:00 a.m.

(2) It shall be unlawful for any person to speak into a loudspeaker or amplifier within the corporate limits of the Town, when such loudspeaker or amplifier is so adjusted that the voice of the speaker is amplified to the extent that it is audible at a distance in excess of one hundred and fifty (150) feet from the person speaking.

Section 3.

Any person, firm, association, partnership, corporation, or any group of individuals acting singly or in concert, violating this Ordinance shall be guilty of a misdemeanor and shall forfeit and pay a fine of not less than $10.00 nor more than $25.00 and the costs of prosecution, for the first offense, and for the second offense thereof be fined not less than $25.00 nor more than $100.00 and the costs of prosecution. In lieu of payment of the fine, an individual found guilty of violating this Ordinance shall serve no less than five hours nor more than ten hours of community service as prescribed by the Kenton Town Council or their designate.