08.01.01.01

The making and creation of loud, unnecessary or unusual noises within the limits Of the Town of Bar Harbor is a condition which has existed for some time and the extent and volume of such noises is increasing;

08.01.01.02

The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Town of Bar Harbor; and

08.01.01.03

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Town of Bar Harbor and its inhabitants.

08.01.03.01 Horns, Signaling Devices, etc.

The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle anywhere within the limits of the Town, 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 device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; the use of any such signaling device when traffic is for any reason held up.

08.01.03.02 Radios, Phonographs, Musical Instruments, etc.

The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing, reproducing or amplifying of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing, reproducing or amplifying of sound within a building structure or vehicle between the hours of 10:00 o'clock p.m. and 7 o'clock a.m. in such a manner that, at a distance of twenty-five feet (25') from the building structure or vehicle in which it is located, it produces a sound which by its volume, frequency, intensity, quality or duration endangers or injures the safety or health of humans or unreasonably annoys or disturbs a reasonable person's normal sensibilities or endangers or injures personal or real property, shall be prima facie evidence of a violation of this section.

08.01.03.03 Loud Speakers, Musical Amplifiers, Amplifiers-Bells-Horns for Advertising.

The using, operating or permitting to be played, used or operated of any radio, receiv-ing set, musical instrument, musical amplifier, phonograph, loud speaker, sound amplifier-bells-horns, or other machine or device for the producing or reproducing of sound which is cast upon the public street for the purpose of commercial advertising or attracting of the public to any building or structure.

08.01.03.04 Yelling, Shouting, etc.

.Yelling, shouting, hooting, whistling or singing on the public street, particularly be-tween the hours of 9 o'clock p.m. and 7 o'clock a.m. or any time or place so as to annoy or disturb the quiet, comfort, or repose of any person in any of lice, or in any dwelling, hotel, motel, rooming house or other type of residence or of any person in the vicinity.

08.01.03.04 Animals, Birds, etc.

The keeping of any animal or bird which by causing frequent or long continued noise without provocation shall disturb the comfort or repose of any person in the vicinity.

08.01.03.5; Steam Whistle

The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Town authorities.

08.01.03.06 Exhausts

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

8.01.03.08 Defect in Vehicle or Load

The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

08.01.03.09 Loading, Unloading, Opening Boxes

The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

08.01.03.10 Construction or Repair of Buildings

The erection (including excavation), demolition, alteration or repair of any building which causes loud and unreasonable noise other than between the hours of 6 o'clock a.m. and 9 o'clock p.m., except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of street and highways within the hours of 9 o'clock p.m. and 6 o'clock a.m., he may grant permission for such work to be done within the hours of 9 o'clock p.m. and 6 o'clock a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

08.01.03.11 Schools, Courts, Churches, Hospitals

The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or un-duly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.

08.01.03.12 Hawkers, Peddlers

The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

08.01.03.13 Drums

The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

08.01.03.14 Metal Rails, Pillars and Columns, Transportation Thereof

The transportation of rail, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

08.01.03.15 Pile Drivers, Hammers, etc.

The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise, other than between the hours of 6 o'clock a.m. and 9 o'clock p.m. on Monday through Saturday except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues.

08.01.03.16 Blowers, Fans and Internal Combustion Engines

The operation of any noise-creating blower, power fan or internal combustion engine which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.