§ 3-5

The purpose of this chapter is to preserve the public peace and welfare by protecting residents and visitors from unreasonable noise and disturbances. This chapter is intended to complement the Town's zoning-based noise standards and provide a clear, enforceable framework for addressing disruptive conduct, while balancing the need for community events, construction, and other lawful activities. This chapter is further intended to provide an administrative enforcement framework that ensures fair notice, an opportunity to be heard, and clear responsibilities for both enforcement personnel and responsible individuals. (Ord. No. 2026-403, § 1, 2-4-2026)

• a. On the Police Department's first response to a complaint for disturbance of the peace, the police chief or designee shall warn the responsible individual that the disturbance must cease. A warning applies to the property for purposes of subsequent enforcement, regardless of whether the responsible individual changes. Subsequent responses to the nuisance site may result in further enforcement action, including citation or referral, as appropriate under law. The warning requirement may be waived in circumstances involving threats to safety, largescale disturbances, or violations requiring immediate corrective action.

• b. A disturbance of the peace shall include:

Amplified sound means any sound projected or transmitted by electronic means, including speakers, microphones, or musical instruments.

Nuisance site means a location where two (2) or more verified disturbances have occurred within a twelve-month period and for which enhanced enforcement or corrective measures may be imposed under this chapter.

Unreasonable noise means any sound that exceeds the applicable limits in Section 17.32.070 of the Zoning Code or that substantially interferes with the quiet enjoyment of property.

Verified violation means a violation documented by direct observation of an enforcement officer, credible witness statements, audio or video evidence, noise measurement confirming exceedance of zoning standards, or other reliable evidence

*Editor’s note— Ord. No. 2026-403, § 1, adopted Feb. 4, 2026, repealed the former Ch. 5, §§ 3-5-100 and 3-5-105, and enacted a new Ch. 5 as set out herein. The former Ch. 5 pertained to similar subject matter, and derived from Ord. No. 95-69, § 1.

1. Any unlawful fighting in a public place or challenges to another person in a public place to fight;

2. Any malicious and willful disturbance by loud and unreasonable noise of another person's quiet enjoyment of his or her property including noise that exceeds the standards set forth in Section 17.32.070 of the Zoning Code, or noise that substantially interferes with the quiet enjoyment of property even when decibel measurement is not practicable; or

3. Any use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

• c. Responsible individuals include:

  1. The property owner(s);

  2. The person(s) in control of the property (such as a tenant, if present); or

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3. The host(s)/hostess(es) of the party or similar gathering.

• d. If a responsible individual is a minor, a parent or legal guardian may be issued an administrative citation when a parent or legal guardian failed to supervise the minor with reasonable care. Reasonable care shall be evaluated based on the totality of the circumstances, including the minor's age, the nature of the activity, and the parent or guardian's knowledge of the circumstances.

• e. Persons making repeated unsubstantiated claims of disturbances or noise nuisance may be advised that further investigation will not necessarily be made, except at the discretion of the Police Department.

• f. A nuisance site may be subject to enhanced enforcement measures, including increased penalties, corrective action plans, or referral under other nuisance abatement provisions of the Town Code.

• (Ord. No. 2026-403, § 1, 2-4-2026)

• a. Any individual, organization, or entity intending to produce noise that may exceed the allowable limits established in Section 17.32.070 of the Zoning Code, including but not limited to amplified sound, outdoor events, construction activities outside permitted hours, or other temporary disturbances, shall obtain a noise permit from the Town prior to the activity. The Town may impose reasonable conditions on noise permits to mitigate impacts on surrounding properties, including duration limits, equipment placement requirements, and complaint-response measures.

• b. The Town may revoke a noise permit if the permittee violates any permit condition, fails to comply with directions from enforcement personnel, or causes repeated disturbances re-

lated to the permitted activity. Revocation decisions may be appealed pursuant to Title I, Chapter 1, Article 3 of this Code.

(Ord. No. 2026-403, § 1, 2-4-2026)

• a. The Town is authorized to issue administrative citations for violations of this chapter in accordance with the procedures established in the Town Code and applicable State law.

• b. Enforcement shall begin with a verbal or written warning issued by the Police Department or designated enforcement officer. Warnings may be documented electronically or in writing and may be issued to any responsible individual associated with the property or event. If the disturbance continues or recurs, administrative penalties may be imposed.

• c. The amount of any administrative penalty shall be established by resolution of the Town Council and listed in the Town's Master Fee Schedule. Penalties may vary based on the nature, severity, and frequency of the violation. Penalty amounts shall not exceed applicable limits under State law and shall remain proportional to the nature of the violation.

• d. Each verified violation shall constitute a separate offense. The twelve-month period for assessing repeat violations shall be measured from the date of the first citation. For repeatviolation purposes, the verified violation must be supported by reliable evidence sufficient to establish that the disturbance occurred.

• e. Citations may be issued to any responsible individual as defined in Subsection 3-5-100(c), including property owners, tenants, or event hosts. Where responsibility is shared, citations may be issued to multiple responsible individuals.

• (Ord. No. 2026-403, § 1, 2-4-2026)

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Appeals of administrative citations issued pursuant to this chapter shall be processed in accordance with Title I, Chapter 1, Article 3 of this Code, Administrative Citations. (Ord. No. 2026-403, § 1, 2-4-2026)

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CHAPTER 7.

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