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Chapter 69
NOISE
§ 69-1. Certain noise prohibited.
§ 69-2. Enumeration of prohibited noises.
§ 69-3. Permitting prohibited acts unlawful.
§ 69-4. Violations and penalties.

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 8-10-1971 by Ord. No. 122. Section 69-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted when available.]

GENERAL REFERENCES
Authority — See Charter, § C5-1B(39).
Dogs — See Ch. 43.

§ 69-1. Certain noise prohibited.

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary, unnatural or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the corporate limits of the Town of Berlin.

§ 69-2. Enumeration of prohibited noises.

The following acts, among others, are hereby declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
  1. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street, way, avenue or alley or other public place of the Town of Berlin, except as a danger warning; the creation, by means of any such signaling device, of any unreasonably loud or harsh sound; and the sounding of any such device for an unreasonably or unnecessary length of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
  2. The using or operating of or the permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:00 am. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
  3. Yelling, shouting, hooting, whistling and singing. [Amended 8-13-1990 by Ord. No. 90-7]
    1. Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence or any persons in the vicinity.
    2. Yelling, shouting, hooting, whistling or singing on the public streets or private property at any time or place in such a manner as to be plainly audible at a distance of 50 feet from the area, structure or vehicle from which the noise emanates.
§ 69-3. Permitting prohibited acts unlawful.

It shall be unlawful for any person to knowingly permit the making, creation or maintenance of loud, unnecessary, unnatural or unusual noises upon any premises owned or possessed by him or under his control.

§ 69-4. Violations and penalties. [Amended 3-20-1978]

Any violation of the provisions of this chapter shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Ch. 1, General Provisions.