Legal Documents of Baneberry

Subject to the provisions of this resolution, the creating of any unreasonably loud or raucous noise which unreasonably disturbs, injures, or endangers the comfort, repose, or safety of reasonable persons of ordinary sensitivity within the boundaries of the City of Baneberry, Tennessee is prohibited. Noise of such character, intensity, or duration as to be detrimental to the comfort, repose, peace, or health of an individual or that unreasonably interferes with the peace, repose, health, or comfort of neighbors, or their guests, or operators or customers in places of business, or as to detrimentally affect such residence or places of business is also prohibited. The following acts, among others, are declared to be violations of this chapter, but this enumeration shall not be deemed to be exclusive, namely:

1. Horns, signaling devices, etc. The sounding of any horn or other such device on any automobile, motorcycle, truck, or other vehicle except as a danger warning on a public street or public place of the city; any unreasonably loud or harsh sound by any other signaling device; or the sounding of such devices for an unnecessary and unreasonable period of time.
2. Radio, television, stereos, live bands, amplifiers, loud speakers, drums, etc.
   
   
   1. The using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, television, live band, amplifiers, loud speakers, or other machine or device for the producing or reproducing of sound in such a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet and comfort of neighbors or passers-by, or 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, chamber, or area in which such live band, machine or device is operated and who are voluntary listeners thereto.
   2. The using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, television, live band, amplifiers, loud speakers, or other machine or device for the producing or reproducing of sound between the hours of 11:00 P.M. and 7:00 A.M., Monday through Saturday; between the hours of 11:00 P.M. Saturday and 1:00 P.M. Sunday; and between the hours of 6:00P.M. Sunday and 7:00 A.M. Monday in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle, area, or property in or upon which any radio receiving set, musical instrument, phonograph, television, live band, amplifiers, loud speakers, or other machine or device for the producing or reproducing of sound is located and unreasonably disturbs the peace, quiet, and comfort of neighbors.
3. Loud speakers and/or amplifiers for advertising. The unreasonably loud and raucous use or operation of any radio, receiving set, musical instrument, phonograph or stereo, loud speakers, sound amplifier, public address system or other machine or device for the producing or reproducing of sound for the purpose of commercial advertising or attracting the attention of the public to any building, structure or service.
4. Animals, birds, pets, etc. The keeping of any animals, which by causing, frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
5. Use of vehicles. The use of any automobile, semi-truck, four-wheeler, go-cart, motorcycle, motor bike, or dirt bike in such a manner as to cause loud acceleration, other unreasonably loud noise, and unnecessary grating, grinding, rattling, or other noise.
   
   
   1. The use of any vehicle by acceleration or unnecessary braking or creating unnecessary noise otherwise known as squealing of tires.
   2. "Truck tractors and semi-trailers," as defined in Tennessee Code Annotated, § 55-1-101, shall not use an engine compression braking device unless the engine compression braking device is equipped with an operational approved muffler. As used in this section, "approved muffler" means any muffler that complies with Federal Motor Carrier Safety Regulations on noise emissions, 49 CFR 325, et seq.
   3. The use of any vehicle so out of repair or loaded in such a manner as to cause loud and unnecessary noise.
   4. Exhaust discharge. Discharging into the open air the exhaust of any stationary internal combustion engine, motor vehicle, or boat engine, except through a muffler or other device which will effectively prevent loud or explosive engine noise.
6. Construction or repair of buildings. The creation of any loud and excessive noise in creation with the erection, including excavation, demolition, alteration or repair of any building in any residential area or section other than between the hours of 7:00 A.M. and 9:00 P.M. except in case of urgent necessity in the interest of public health and safety, and then only with a permit or written authorization from the City of Baneberry Building Inspector or the Baneberry city manager granted for a period while the emergency or urgent public necessity continues, and not for a period exceeding thirty (30) days without re-authorization, or upon a schedule approved by the board of mayor and aldermen. (Ord. #214-1, March 2014, modified)