Standing Committee

h Town of Summerville Standing Committees of Council Monday, January 11, 2021 - 5:30 pm Virtual Meeting livestreamed from Town website: www.summervillesc.gov AGENDA 1. Parks and Recreation Committee – Will not meet in January 2. Planning and Development Committee a. Discussion of a site plan for the Summerville Elementary School bus loop/parking area and District Office/stadium parking area. 3. Public Safety Committee a. Discussion of amending Tow Ordinance Sec. 28-121 b. Discussion of amending Noise Ordinance Section 12-31 c. Update on Fire Station 6 4. Public Works Committee a. Project Updates: 1. 2020 Fall Resurfacing. 2. Maple Street. 3. Cedar Street Extension. 4. Central Avenue Sidewalk Project. 5. West 5th South St Sidewalk. 6. Lee Street Sidewalk Project. 7. North Hickory Street Sidewalk. 8. Shepard Park Drainage. 9. US-78 North Summerville Drainage Study. 10. Springview Lane Oakbrook Drainage Study. 11. Stormwater Department Project Updates. b. Discussion of One-Way Waring Street c. Discussion of 633 Central Avenue Drainage Standing Committee Meetings Agenda – January 11, 2021 Page 2 5. Finance Committee a. Presentation of December 2020 financial reports b. Consideration of purchasing software for payroll and Human Resources functions c. Authorization to accept Coronavirus Emergency Supplemental Funding Program Grant in the amount of $37,827. This is for protection supplies and overtime costs for the Police Department that are associated with COVID-19 d. Authorization for the Town Administrator to sign an MOU between the Police Department and the Isle of Palms Police Department 6. Adjourn  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA AREA B O WA NE Y ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM AREA A DATE: ADC PROJECT #: DESIGNED: 12/22/2020 20175 SDD CHECKED: JKW X DRAWN: MTP REVISION: X X X OVERALL SITE PLAN P X X X P C002 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: EXISTING SITE & DEMOLITION PLAN - AREA A C101 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM O WA NE Y DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: EXISTING SITE & DEMOLITION PLAN - AREA B C102 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: SITE PLAN - AREA A C201 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM O WA NE Y DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: SITE PLAN - AREA B C202 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: DIMENSION PLAN - AREA A C211 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM O WA NE Y DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: SDD CHECKED: JKW DRAWN: MTP REVISION: DIMENSION PLAN - AREA B C212 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE LIMIT OF CO NSTR UCTI O N SOUTH CAROLINA TION RUC NST OF C O LIMI T DETENTION POND ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 LIMIT OF C ONST 843-566-0161 RUCTI ADCENGINEERING.COM ON DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: WWP CHECKED: WWP GENERAL NOTES DRAWN: WWP REVISION: DISTURBED AREA SEEDING LANDSCAPE IRRIGATION NOTES LANDSCAPE PLANTING PLAN - AREA A L201 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 GENERAL NOTES LIMIT OF CONSTRUCTION SUMMERVILLE ELEMENTRY TRU CTI ON ON S Summerville, South Carolina FC SCHOOL BUS LOOP LIM SUMMERVILLE IT O SOUTH CAROLINA LIMIT OF C ONSTRUC TION LI M IT OF CO NS ENGINEERING 1226 YEAMANS HALL ROAD TR UC TI HANAHAN, SC 29410 ON 843-566-0161 ADCENGINEERING.COM N I O T C U S TR N O C F O IT M LI O WA NE Y DATE: 12/22/2020 ADC PROJECT #: 20175 DESIGNED: WWP CHECKED: WWP DRAWN: WWP REVISION: DISTURBED AREA SEEDING LANDSCAPE IRRIGATION NOTES LANDSCAPE PLANTING PLAN - AREA B L202 PERMIT SET SHEET XXX OF XXX  DORCHESTER COUNTY SCHOOL DISTRICT 2 SUMMERVILLE ELEMENTRY PLANT SCHEDULE Summerville, South Carolina SCHOOL BUS LOOP SUMMERVILLE SOUTH CAROLINA ENGINEERING 1226 YEAMANS HALL ROAD HANAHAN, SC 29410 843-566-0161 ADCENGINEERING.COM DISTURBED AREA SEEDING LANDSCAPE IRRIGATION NOTES DETAIL - V TRENCH EDGING DATE: 12/22/2020 NO SCALE ADC PROJECT #: 20175 DESIGNED: WWP GENERAL NOTES CHECKED: WWP DRAWN: WWP REVISION: LANDSCAPE PLANTING DETAILS & SCHEDULE L300 PERMIT SET SHEET XXX OF XXX ARTICLE IV. ‐ WRECKER SERVICES[4] Footnotes: ‐‐‐ (4) ‐‐‐ Cross reference— Businesses, ch. 8. Sec. 28‐121. ‐ General regulations. (a) General. The following regulations shall be adhered to by all wrecker services utilized by the police department: (1) No Town of Summerville employee will hold any financial interest of any form in any wrecker service. (2) No police officer will recommend any wrecker service to the owner or driver of a wrecked or disabled vehicle during the performance of his or her duties. (b) Qualification criteria. (1) All wreckers shall have appropriate safety equipment, fire extinguishers, warning devices, flashing lights and all other equipment necessary to protect the motoring public and be equipped with amber flashing lights visible in all directions for a distance of 500 feet in normal sunlight. Such equipment shall be maintained in good working order. All authorized amber flashing lights shall be activated and wrecker operators shall wear reflective traffic safety vests while performing recovery operations or when circumstances are such that the vehicle(s) being transported create a potentially hazardous condition for other motorists. (2) Each wrecker service on the rotation list must place a sign on the driver and front passenger door of each of its wreckers indicating the company name, address and telephone number of the zone to which it is assigned. This sign shall be painted on the doors of the wrecker or otherwise permanently affixed to the doors. The letters of the sign must be no less than two inches high. If the wrecker is registered in a name other than that of the wrecker service, the owner's name must also appear on the doors in letters no less than one inch high. All lettering on wreckers shall be plainly visible and shall be in a color that contrasts to that of the wrecker. (3) Each wrecker service on the rotation list must place a sign on the exterior of its business location clearly visible indication the company name, telephone number and business hours. (4) Each wrecker service on the rotation list shall carry liability insurance on its wreckers and its premises in an amount not less than $300,000.00 for a class A wrecker, $500,000.00 for a class B wrecker, and $750,000.00 for a class C wrecker. (5) Each wrecker service on the rotation list shall carry insurance that covers vehicles, cargo, and other property in or on the vehicle during transit in an amount of not less than $75,000.00 for a class A wrecker, $150,000.00 for a class B wrecker, and $250,000.00 for a class C wrecker. (6) Each wrecker service on the rotation list shall carry garage keeper's liability insurance covering customer's vehicles in an amount not less than $100,000.00 for a class A wrecker, $200,000.00 for a class B wrecker, and $200,000.00 for a class C wrecker. (7) Wrecker operators must display professional behavior when conducting business at the request of the Town of Summerville. (8) Wrecker services and operators shall be familiar with and shall comply with the laws regarding solicitation from the highway (S.C. Code 1976, § 56-5-3180).  (9) A new rotation list will be created each calendar year. A wrecker service desiring to be on the rotation list in the next year must apply in writing by October 1 and be inspected and qualified prior to December 31. On December 31 of each year, the police department will publish the wrecker rotation list to be effective January 1 of the following year. (10) A wrecker service not currently on the police department wrecker rotation list and desiring to be added may apply in writing at any time but must first be inspected and qualified. (11) A wrecker service that fails to pass inspection and qualification as prescribed by regulation will be notified of the deficiencies. When the wrecker service corrects the deficiencies, it may request a new inspection. (c) Wrecker service rotation list/responsibilities. (1) A wrecker service requesting to be on the rotation list must physically have a business within three miles of corporate limits of the town and must have a current business license for the town. The wrecker to be used must be housed at that location during normal business hours. "Normal business hours" or "business hours" as used in this regulation means at least from 8:30 a.m. to 5:00 p.m., Monday through Friday and additional hours designated and posted by the company. The towed vehicle must be towed to the same business location where the wrecker is housed during normal business hours, unless the vehicle owner or operator requests that the vehicle be towed to another location. Normal business hours must be clearly posted. Storage lots are not considered as a separate business. A wrecker service or owner can only be on the list one time. There will only be one telephone number for one wrecker service at any one address on rotation. Pagers and cellular phones are not acceptable. A wrecker service must immediately notify the traffic unit supervisor in writing upon change of address or telephone number. (2) Separate rotation lists will be maintained for each category of wreckers. When the services of a categorized wrecker are needed and when the owner or driver of the vehicle to be towed has no preference as to which wrecker service he/she desires, a wrecker will be called from the appropriate wrecker rotation list. The investigating officer will use his/her discretionary authority to deny request for specific wrecker service whenever the request will delay the timely restoration of safe traffic movement. (3) The wrecker service must have a wrecker of sufficient size and strength to handle the job. The police department will have the right not to call a wrecker service that, in its opinion, fails to meet this qualification for a specific job. Under these conditions, the wrecker service not called will remain on the top of the rotation list. (4) Wreckers shall respond only upon the request of the police department. (5) Wrecker services will be called from the rotation lists in the order in which they appear on the lists. If a particular wrecker service is unavailable when called, it will be passed over and the next wrecker service on the list will be called to the scene. (6) Wrecker services shall be located within the two-mile limit to respond to rotation calls as well as request by the department for the immediate release of personal property on a 24-hour, seven day a week basis. The wrecker service location shall have an agent present during business hours and at the request of the owner of the towed vehicle or his designee, the wrecker service must immediately release personal items such as medicines, medical equipment, keys, clothing, and tools of the trade, child restraint systems, and perishable items. The wrecker service shall also be available for the release of the towed vehicle to the vehicle owner or vehicle owner's designee on a reasonable after-hours basis, including weekends. Should there be a dispute between the vehicle owner or the vehicle owner's designee and the wrecker service regarding any storage fees or charges, the vehicle owner or the vehicle owner's designee must provide the wrecker service written notification of the dispute. If the dispute is settled in favor of the wrecker service then the owner of the towed vehicle is liable for all charges that accrued pending the resolution. The wrecker service must cease any storage charges that would otherwise accrue from the time the wrecker service receives written notification of the dispute  until the dispute is settled. Upon release of the vehicle, the wrecker service shall provide an itemized statement of all charges. If the vehicle owner is not available to sign a release, the wrecker service must release the vehicle to the owner's insurer or to the owner's designee. (7) When a wrecker service or wrecker driver is unable to answer a call, the police department shall be promptly notified of the reason for the unavailability. A wrecker service or driver cannot refuse a call without prior notification of unavailability or without just cause. (8) Unless the owner or driver of a vehicle is incapacitated or unavailable, the investigating officer at the scene will make a determination of the owner or driver's preference of a wrecker service. The investigating officer will use his/her discretionary authority to deny request for a specific wrecker service whenever the request will impair the timely restoration of safe traffic movement. In the event the owner or driver of the vehicle does not have a preference or preference cannot be determined, the investigating officer will utilize a wrecker from the rotation list. The wrecker service responding to such call shall provide the vehicle operator with a card containing the wrecker service name, address, telephone number and business hours. (9) A wrecker service shall respond, under normal conditions, in a timely manner not to exceed 30 minutes. Failure to respond in a timely manner may result in a second rotation wrecker being requested. If the second wrecker is requested before the arrival of the first rotation wrecker, the initially requested wrecker will forfeit the call and will immediately leave the collision/incident scene. (10) A wrecker service may respond with a wrecker of a higher class than requested. However, wrecker service is limited to the rates of the requested classification. (11) It shall be the responsibility of the wrecker service to perform a general cleanup of the accident area before leaving the scene of any accident. This responsibility requires the wrecker service to remove all debris such as broken glass, liquids, and materials from an accident area by sweeping up such debris and removing this material from the scene in a garbage can-type container on each wrecker. All wreckers shall be equipped with brooms, shovels, commercial absorbent, and all other equipment necessary to fulfill this responsibility. The investigating officer shall inspect the collision scene to ensure cleanup was properly completed. (12) Each wrecker service shall be responsible for securing personal property in a vehicle at an accident incident scene. The wrecker service shall be responsible for preserving personal property in a vehicle towed from an accident scene. (13) The wrecker service shall maintain the towed vehicle in a safe storage area in a manner that would prohibit further damage and ensure protection of personal property. This may be a locked building or a secured fenced-in area where the stored vehicles and other property will not be accessible to the public. Wrecker services may charge a daily storage fee, not to exceed $25.00 per day, commencing 48 24 hours after the vehicle is towed to the storage area, and terminating when the vehicle owner or vehicle owner's designee offers or attempts to pick up the vehicle and offers to pay the wrecker service's legitimate accrued charges. a. Outside storage facilities must be sufficiently lighted, fenced and locked for protection of vehicles and property. b. Fencing around storage facilities must be of adequate size to discourage theft of vehicles and property stored within, and may not be less than six feet in height. c. Inside storage, covers, tarpaulins, or other devices must be available for protection of vehicles or personal property. (14) A wrecker service may secure assistance from another wrecker service when necessary to complete the recovery; however, this does not supersede subsection (3) of this section, nor does it permit wrecker services to accept a rotation call and dispatch the call to secondary wrecker services. Only one bill is to be submitted to the owner or operator for the work performed.  (15) Motorist utilizing the Town of Summerville wrecker rotation list will have the option of paying by major credit card. (d) Complaints/disciplinary procedures. (1) Complaints from or about wrecker services regarding an incident involving the police department or its operation of the wrecker lists must be received within 30 days of the alleged incident. Complaints should be directed to the traffic unit supervisor. (2) Failure of any wrecker service to comply with this regulation will result in disciplinary action, up to and including permanent removal from the wrecker rotation. (3) If the department believes a wrecker service has failed to remain in compliance with qualification criteria set out in this section, that the noncompliance continues or is detrimental to the public, the chief of police may suspend or remove the wrecker service from the rotation. (e) Wrecker classification. (1) Class A: Light duty wrecker. Class A wreckers, for towing vehicles weighing 7,000 pounds or less, (passenger cars, pickup trucks, motorcycles, small trailers, and similar vehicles) shall meet the following minimum requirements: a. Conventional wrecker: 1. Minimum gross vehicle weight rating (GVWR) of not less than 10,000 pounds. 2. Individual boom capacity of not less than 8,000 pounds as rated by the manufacturer. 3. Individual PTO or hydraulic power winch capacity of not less than 8,000 pounds as rated by the manufacturer with at least 100 feet of three-eighths-inch cable drum. 4. A manufactured wheel-lift with a retracting lifting capacity of not less than 3,500 pounds as rated by the manufacturer, with safety chains. 5. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 6. Dual rear wheels. 7. Additional safety equipment as specified by the regulations. b. Rollback wrecker: 1. Minimum gross vehicle weight rating (GVWR) of not less than 11,000 pounds. 2. Must have at least an 8,000-pound winch as rated by the manufacturer with at least 50 feet of three-eighths-inch cable or larger. 3. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 4. Additional safety equipment as specified by the regulations. (2) Class B: Medium duty wrecker. Class B wreckers, for towing vehicles weighing between 7,001 and 17,000 pounds or multiple vehicles weighing 7,000 pounds respectively (medium-sized trucks, road tractors/trailers and similar vehicles), shall meet the following requirements: a. The tow truck chassis shall have a minimum gross vehicle weight rating (GVWR) of not less than 22,000 pounds. b. Must have at least a 12-ton boom assembly as rated by the manufacturer. c. Two winches, each of 10,000-pound capacity or more as rated by the manufacturer. d. A manufactured wheel-lift with a retracting lifting capacity of not less than 6,500 pounds as rated by the manufacturer, with safety chains.  e. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. f. Additional safety equipment as specified by the regulations. (3) Class C: Heavy duty wrecker. Class C wreckers, for towing vehicles in excess of 17,000 pounds (large trucks, road tractor/trailers, and similar vehicles), shall meet the following minimum requirements: a. Truck chassis having a minimum gross vehicle weight rating (GVWR) of not less than 46,000 pounds. b. Tandem axles or cab to axle length of not less than 102 inches. c. A single or double boom with a capacity of not less than 50,000 pounds as rated by the manufacturer. d. A single winch with a capacity of 50,000 pounds as rated by the manufacturer or an individual power winch capacity of not less than 25,000 pounds as rated by the manufacturer and a total rating with both winches of 50,000 pounds. e. A manufactured wheel-lift with a retracting lifting capacity of not less than 12,000 pounds as rated by the manufacturer, with safety chains. f. One hundred fifty feet of five-eighths-inch cable or larger, plus 50 feet of five-eighths-inch drop cable. g. Airbrakes constructed to lock wheels automatically upon failure. h. Light and air brake hookups. i. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. j. Additional safety equipment as specified by the regulations. (f) Rates. (1) Only wrecker services on the Town of Summerville wrecker rotation list shall be subject to these regulations governing fees. The standard fee will be $150.00 $200.00. The standard fee will be reviewed periodically by the chief of police and adjusted if warranted after approved by Town Council. a. A standard tow is defined as responding to the scene, hooking up the vehicle, performing a general clean up if the call involves responding to a collision scene, and providing responsible assistance to the owner to get to a safe location. b. Special operations are operations involving the process of up righting an overturned vehicle, or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle, and/or the recovery of a load which has spilled, or the off-loading and reloading of a load from an overturned vehicle performed to right the vehicle. (2) The traffic supervisor will approve all special operation fees after receiving a written request by the tow company. (3) A copy of the approved fees will be kept in the wrecker at all times. It will be presented upon request to the person for whom the tow services were provided, their agent, any police officer at the scene, or any traffic unit supervisor who is inspecting the wrecker or wrecker service. (4) Wrecker services that submit fees that are determined to be excessive or unreasonable will be notified and allowed to resubmit fees within five business days of notification. A wrecker service will be allowed to resubmit fees once. Failure to resubmit reasonable fees will disqualify the wrecker service.  (5) Vehicle towing services may not charge the owner of a recovered stolen auto for towing or storing the vehicle within seven days of the towing date, pursuant to S.C. Code 1976, § 56-5- 5630c. (6) Wrecker services on the Town’s rotation list will not charge for the towing of police vehicles from a collision or breakdown in the town limits to a facility within the town limits. The wrecker service will be placed back on the top of the rotation list. (Ord. No. 1988-0309, 5-11-1998; Ord. No. 1988-0713, 10-10-1988; Ord. No. 1992-0601, 7-8- 1992; Ord. No. 1992-0806, 9-9-1992; Ord. No. 1998-0804, 9-9-1998; Ord. No. 2000-0703, 8-9- 2000; Ord. No. 06-0206, 3-8-2006; Ord. No. 13-1001, 11-13-2013; Ord. No. 17-0502, 6-9-2017) Sec. 28‐122. ‐ Penalties for violation of article. (a) The failure of any wrecker service to comply with the regulations as stated in section 28-121 or the violation of any traffic laws while responding to or returning from a call may result in its removal from the wrecker rotation list by the chief of police. Any actions by any wrecker driver that adversely affects the reputation of the town may result in the removal of that wrecker service from the wrecker rotation list. (b) The failure of any wrecker service to notify the police department of its unavailability, in a timely manner, may result in its suspension from the wrecker rotation list for a period of up to six months. Three suspensions from the rotation list in a five-year period will result in a permanent removal from the list. After any suspension from the wrecker list is served, the wrecker service may apply for reinstatement under a probationary period of six months. (Ord. No. 1988-0309, 5-11-1998; Ord. No. 1988-0713, 10-10-1988; Ord. No. 1992-0601, 7-8- 1992; Ord. No. 1992-0806, 9-9-1992; Ord. No. 1998-0804, 9-9-1998; Ord. No. 2000-0703, 8-9- 2000) AMEND CHAPTER 12, ARTICLE II OF THE ORDINANCES OF THE TOWN OF SUMMERVILLE BY DELETING SECTION 12-31 AND REPLACING IT IN ITS ENTIRETY WITH NEW SECTIONS 12-31 THROUGH 12-41 TO READ: Sec. 12-31. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Except as otherwise provided, all words in this division shall be given their ordinary and customary meaning. Ambient noise means the generally prevailing sound or combination of sounds at the location where a listener receives the sound of the noise about which a complaint is being made. It is the sound or combination of sounds which a person of ordinary sensibilities would reasonably expect to encounter at the location in the ordinary and customary use of the premises. Central business district (CBD) means the downtown area and areas, more particularly identified as (insert zoning classification) zoning, as may from time to time be amended or adjusted under the Town's zoning ordinances. Sec. 12-32. - Prohibited noise generally. Any noise of such character, intensity or duration which substantially interferes with the comfortable enjoyment of persons of ordinary sensibilities occupying, owning or controlling nearby properties, or persons making use of public properties for their intended purposes, is hereby declared to be unlawful and to be a nuisance, and is prohibited. Sec. 12-33. - Standard of reasonableness and use of technology. It is the intent of the Town Council in regulating noise to take into account the latest scientific advances in noise measurement and control while at the same time preserving the common sense and common law determination of what constitutes a disturbance or public nuisance. Therefore, technological sound level measurements, while desirable, shall not be required to demonstrate a violation of this division or any other ordinance or statute which establishes the creation of disturbance or public nuisance. Decibel level measurements less than those specified in this division may still establish a violation of this division when due regard is made for the time, place and circumstances of the noise. Sec. 12-34. - Specific noises prohibited. (a) Operation of certain instruments, devices and equipment. Nuisance noises shall include, but not be limited to, the use or operation of the following instruments, devices or pieces of equipment when operated in the manner prohibited by section 12-32: (1) Musical instruments.  (2) Radios, receivers, stereos, televisions, disc players, tape players and comparable mechanical and electronic devices which produce sound. (3) Loudspeakers, amplifiers or other devices which enhance or influence the level of sound in any way. (4) Mechanical devices operating by compressed air, such as pneumatic drills and jackhammers. (5) Horns, sirens and signal devices using loud, brash or harassing noises, whether on vehicles or otherwise. (6) Motorized vehicles in operation, regardless of location, without mufflers or with ineffective mufflers or when there is rapid throttle advancing ("revving"). (7) The human voice when used to yell, shout, scream or the like. (8) When operated at night, construction machinery, heavy duty equipment used in street repair and maintenance, and domestic and commercial power tools, unless a permit is obtained. (b) Continuous or repeated noises. Regardless of the level of sound, the following shall be deemed a nuisance and shall be prohibited under section 16-32: (1) To keep any animal, including a bird, causing a frequent or long continued noise, such as barking, howling or screeching, disturbing the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (2) To install or operate a burglar alarm system which uses an audible warning or bell without a functioning device that will shut off the warning or bell within 20 minutes after application of the system when the alarm cannot be readily or conveniently silenced manually by persons who are disturbed by its activation. Each activation of such an alarm that continues beyond 20 minutes shall be deemed a separate offense. Sec. 12-35. - Exemptions. The following noises shall be exempt from the prohibitions of section 12-32, even when they cause a disturbance: (1) Other code provisions notwithstanding, the sound produced by construction machinery, heavy duty equipment, and machines and equipment used for construction, repair, cleaning and maintenance of buildings, streets, or public or private premises when operated between the hours of 7:00 a.m. and 9:00 p.m. Such devices shall nevertheless be subject to the administrative stop order provisions of section 12-38. (2) The sound produced by horns, sirens and alarms used with authorized emergency vehicles or otherwise used as safety devices to alert persons to danger or attempted crime; however, this exemption shall not apply to improperly operating burglar alarms as identified in section 12-34 (b)(2). (3) The sound produced by emergency repair measures necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident or natural disaster.  (4) The sound produced by bells or chimes or other carillon instruments when used to signify the passage of hour, half-hour or quarter-hour components, or to commemorate a wedding, funeral or similar event, including regular religious services, provided the sounds do not exceed five continuous minutes in duration in any one-hour period. (5) The sound produced by the following, provided there is compliance with any federal regulations applicable to the noise: a. Aircraft in flight or in operation at an airport; b. Railroad equipment in operation on railroad rights-of-way; or c. Motor vehicles, otherwise in lawful operation, on all public streets and highways. (6) The sound of water splashing produced by any waterfall, stream, decorative water fountain or irrigation device when established or operated in an ordinary and customary manner. (7) The unamplified sound emanating from a ballpark, playing field, stadium or comparable outdoor facility designed and intended for recreational or sports activity when used for organized exhibitions or participatory sports or recreational activities. Sec. 12-36. - Enforcement factors. In the enforcement of this division, an enforcement officer may be required to exercise judgment in determining if a particular noise is sufficiently loud or otherwise so offensive that it would substantially interfere with persons occupying nearby public or private property. When making such determinations, the enforcement officer may consider the following and other relevant factors: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is natural or unnatural. (5) The type and intensity of ambient noise, if any. (6) The nature and zoning of the area in which the noise is heard. Sec. 12-37. - Special permits. (a) Entertainment or recreational events. Whenever the Town manager or his designee issues, on a temporary basis, special permits for events of an entertainment or recreational nature, which are held in the central business district, parks, public buildings or elsewhere, then those events shall be exempt from the prohibitions of this division, provided noise is otherwise regulated in the supervision of the activity and provided that the permit shall be subject to revocation at the discretion of the Town manager or his designee on the basis of excessive or inappropriate noise. Whenever such revocation occurs, the activities of the event shall then become subject to the prohibitions of this division. (b) Construction or maintenance operations. The Town manager or his/her staff designee may issue a permit exempting specific construction, solid waste pickup arrangements and maintenance of public streets and rights-of-way from the prohibitions of this division otherwise applicable to nighttime activity, provided the person seeking such permit can make a showing that no reasonable alternatives exist to creating the noise at night and the activity involved is compatible with the public interest. Sec. 12-38. - Administrative stop orders. The Town manager or his/her staff designee may issue administrative stop orders to prohibit temporarily or to reschedule activities otherwise exempt under section 12-35 from the prohibitions of this division, when the continuation of the activity imposes a great hardship or substantial and aggravating inconvenience upon persons reasonably occupying or utilizing nearby premises, provided such administrative stop order is not used to prohibit completely an otherwise lawful activity and the Town manager or his designee gives due consideration to balancing the hardships involved. Sec. 12-39. - Special provisions for central business district. Recognizing that the central business district is a place of mixed uses and close proximity, the intent of this division is that recognition be made of the fact that people occupying premises in the central business district must reasonably expect a greater likelihood of audible sounds from nearby locations than people residing in other districts. However, no person providing or permitting musical performances or other entertainment activities in the central business district should do so in a manner which causes undue hardship or disturbance of persons making lawful use of nearby premises, and the standards set forth in this division are a reasonable measure for determining undue hardship or disturbance in the central business district. Sec. 12-40. - Measurement of noise level; establishment of prima facie violation. (a) A prima facie violation of section 12-32 shall be established whenever a measurement of the offending noise shall be taken in accordance with this division and shown to produce a level of noise in excess of the guidelines of the chart contained in this section. The inference established by the chart shall be subject to rebuttal based on the time, place and circumstances of the occurrence. (b) Noise levels identified in the chart of guidelines shall be measured in decibels and A-weighted, with the unit of measurement being designated as dB(A). For the purpose of determining dB(A)s, the noise shall be measured on the A-weighting scale and the slow meter response on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute (ANSI). (c) Measurements recorded shall be taken so as to provide a reasonable representation of the sound being measured with due regard to the location on the premises where the noise is heard by any person making a complaint. Precise positioning of the meter is not required. (d) Guideline measurements establishing a prima facie violation are as follows: Noise Limit General, Town-Wide Central Business District  7:00 a.m.— 7:00 a.m.— Day-time definition 10:00 p.m. 10:00 p.m. Day-time noise limit 60 80 Night-time noise limit 55 75 NOTES: (1) dB(A) readings on streets, sidewalks and public property in the central business district will be made at least 25 feet away from the privately owned premises from which the noise is generated, or 25 feet from the source if generated on public property. (2) dB(A) readings in parks and recreational areas outside the central business district will be made at least 100 feet away from the location from which the noise is generated. Sec. 12-41. - Enforcement procedures; penalty; additional remedies. (a) With respect to suspected ordinance violations resulting from vehicle noise, law enforcement officers shall have the authority to charge persons under the provisions of this division without having received a complaint from a member of the public. (b) All law enforcement officers in the ordinary course of their duties shall have the authority to request compliance without having received a complaint from a member of the public. However, no charge shall be made against any person, unless a complaint is made to an officer and the person has first been provided an opportunity to abate the offending noise immediately without penalty. However, if the violation continues or reoccurs within a 24-hour period, or if the same person has been provided an opportunity two or more times within the preceding 30 days to abate a noise at the same location and the person continues to make the noise or continues to allow it to be made, then such person shall be guilty of a violation of this division and shall be subject to a fine of not less than $50.00 and not more than the maximum fine allowed by state law for violations of municipal ordinances, or imprisonment for not more than 30 days. The Town attorney may also seek injunctive relief, or any other appropriate remedy available at law or in equity, in a court of competent jurisdiction, to ensure compliance.