[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 4-11-1989 as Ord. No. 8-1989.
Amendments noted where applicable.]
It is hereby declared to be a nuisance and disorderly
conduct for any person, firm or corporation to make, cause or permit
on any premises owned, occupied or controlled by it or upon any public
street in the Town of Dover or any other public place in the Town
of Dover any unnecessary noise by means of human voices or by any
other means or methods which are so loud, harsh, prolonged, unnatural
or unusual in their use or time as to be physically annoying to people
or which affect and are a detriment to the public health, peace, convenience,
safety, welfare, prosperity and comfort of the residents of said town.
The following acts and noises are declared to
be loud, disturbing and unnecessary noises in violation of this chapter,
but this enumeration shall be deemed to be illustrative only and not
an exclusive enumeration of such noises:
A.
Horns and signaling devices.
(1)
The sounding of any horn or signaling device on any
automobile, motorcycle, public conveyance or other vehicle on any
street or other private or public place in the town, except as a danger
warning.
(2)
The creation by means of any such signaling device
of any unreasonably loud or harsh sound.
(3)
The sounding of any such device for an unnecessary
and unreasonable period of time.
(4)
The use of any horn, whistle or other device operated
by engine exhausts.
B.
Radios, tape players, compact disc players, phonographs,
amplified musical instruments, motor vehicle sound systems, musical
instruments and similar devices.
(1)
Playing or permitting the playing of any radio, tape
player, compact disc player, phonograph, amplified musical instrument,
motor vehicle sound system, musical instrument or similar device:
(a)
In such a manner as to create a noise disturbance
across real property boundaries or within a noise sensitive zone.
(b)
When played in any motor vehicle, in such a
manner as to create a noise disturbance outside the vehicle as to
be plainly audible at a distance of 50 feet.
(c)
When played in any motor vehicle in such a manner
as to create a sound level of 65 decibels on the A scale as read by
the slow response of a sound-level meter when read at the curbline
of the adjoining street from 7:00 a.m. to 10:00 p.m. or in such a
manner as to produce sound which is plainly audible to anyone other
than occupants of the motor vehicle between 10:00 p.m. and 7:00 a.m.
(d)
When played on any street or sidewalk, playground,
school, park or common area of any building, in such a manner as to
create a noise disturbance.
(e)
When played by any passenger on a common carrier,
in such a manner as to be heard by any other passenger.
(f)
When played in any residential neighborhood
so as to produce 65 decibels on the A scale as read by the slow response
of a sound-level meter when measured at a distance of 25 feet or at
the next adjoining full property line between the hours of 7:00 a.m.
and 10:00 p.m. or when played between the hours of 10:00 p.m. and
7:00 a.m. on any street, playground, school, park or common area of
any building, in such a manner as to be heard by anyone other than
the operator of the device.
C.
Loudspeakers, amplifiers or advertising. The using
or operating of or permitting to be played, used or operated any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
advertising or attracting the attention of the public to any building
or structure without the prior written authorization of the Mayor
and Board of Aldermen, upon such terms as will not impair public health
as determined by the Mayor and Board using reasonable standards.
D.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motorboat
or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
E.
Defect in vehicle load or vehicle. The use of any
automobile, motorcycle or vehicle so out of repair, so loaded or in
such condition as to create loud and unnecessary grating, grinding,
rattling or other noise.
F.
Construction, repair or alteration of buildings. The erection (including
excavation), demolition, alteration or repair of any building other
than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and
8:00 a.m. and 6:00 p.m. on weekends (Saturday and Sunday).
[Amended 8-22-2016 by Ord. No. 19-2016]
(1)
In cases of emergency and/or urgent necessity or in the interest
of the public health, safety and welfare, as determined by the Town
Administrator or Construction Official, as applicable, work may be
conducted outside of the above-stated hours provided that all other
applicable laws are adhered to.
G.
Schools, courts, churches and hospitals. The creation
of any excessive noises on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably and unnecessarily interferes with
the workings of such institution, or which disturbs or unduly annoys
patients in the hospital.
H.
Hawkers and peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
For purpose of this section, "noise disturbance"
means any sound which endangers or injures the safety or health of
humans or animals or disturbs a reasonable person of normal sensitivities.
The following acts are prohibited in the Town of Dover:
A.
Possessing or carrying a boom box which is in operation
on any street, sidewalk, school, playground or public area. A "boom
box" means any radio, tape player, compact disc player or loudspeaker,
combination of radio, tape player, compact disc player and loudspeaker
or similar device which is operated to produce 65 decibels on the
A scale as read by the slow response of a sound-level meter measured
at 25 feet or at the next adjoining full property line, and is:
B.
Installing or possessing or operating in any motor
vehicle operating or garaged in the Town of Dover a radio, tape player
or sound system other than the original equipment in which:
(1)
The number of speakers exceeds four;
(2)
There is any speaker which exceeds six and one-half
(61/2) inches in width or height or exceeds 100 watts in power output;
or
(3)
There is any speaker which is external to the passenger
compartment; a speaker contained in an opened hatchback vehicle shall
be considered "external" for purposes of this chapter.
For the purpose of this chapter, "decibel" is
defined as a unit for measuring the volume of a sound, equal to 20
times the logarithm to the base ten of the ratio of the pressure of
the sound measured to the reference pressure, which is micropascals
(20 micronewtons per square meter).
The provisions of this chapter shall apply to
military or civil parades and celebrations at public gatherings. Permits
may be issued, using reasonable standards, by the Mayor and Board
of Aldermen, for any use of loudspeakers or amplifiers.
[Amended 10-11-1994 by Ord. No. 33-1994]
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be punished by a fine not to exceed $200 for the first offense,
a fine of not less than $200 but not to exceed $500 for the second
offense and a fine of not less than $500 but not to exceed $1,000
for the third and subsequent offenses; or by imprisonment for a period
not to exceed 10 days; or by both fine and imprisonment, and each
violation of any of the provisions of this chapter and each day the
same violation continues shall be determined and taken as a separate
and new offense.
