[HISTORY: Adopted by the Town Council of
the Town of Millville 6-12-2007 by Ord. No. 07-04. Amendments noted where
applicable.]
For the purposes of this chapter, the terms
used herein are defined as follows:
Any individual, firm, association, corporation, or other
artificial entity, whether such person is the owner, lessee or character,
its servants, agents or employees.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device, or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside of any building, place
or premises or in or through any window, doorway or opening of such
building, place or premises, abutting on or adjacent to any public
street, park or place, or in or upon any public street, park or place,
where the sounds therefrom may be heard upon any public street, park
or place, or from any stand, platform or other structure or from any
airplane or other device used for flying, flying over the Town, or
anywhere on or in the public street, parks or places.
The Town of Millville, Sussex County, Delaware.
That which is not required by the usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
The following acts, among others, by any person
are declared to be loud, disturbing and unnecessary noises, especially
between the normal sleeping hours of 11:00 p.m. and 7:00 a.m., in
violation of this chapter, but any enumeration herein shall not be
deemed to be exclusive:
A.
The operation of any radio or phonograph or the use
of any musical instrument in such a manner or with such volume as
to annoy or disturb the quiet, comfort or repose of persons in any
dwelling, hotel, motel or other type of residence.
B.
The keeping of any animal or bird which, by causing
frequent or long-continued noise, shall disturb the comfort and repose
of any person in the vicinity.
C.
The use of any automobile, motorcycle, streetcar or
vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
D.
The discharge into the open air of the exhaust of
any stationary internal-combustion engine or the motor vehicle engine,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
E.
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or container or the opening
and the destruction of bales, boxes, crates and containers.
F.
The shouting and crying of peddlers, hawkers, vendors
and persons which disturbs the peace and quiet of the neighborhood.
G.
The use of any drum, loudspeakers or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
H.
The sounding of any horn or signal device on any automobile,
motorcycle, bus, streetcar or other vehicle, except as a warning signal
pursuant to provisions of law.
I.
The use of any radio apparatus, talking machine, loudspeaker
or amplifier attached thereto in such a manner that the loudspeaker
shall cause the sound from such radio apparatus or talking machine
to be projected directly therefrom outside of any building or out
of doors, or the use of any radio apparatus, talking machine, loudspeaker
or amplifier which is in any way fastened to or connected with any
outside wall or window in any building or structure so that the sound
therefrom is projected outside of such outside wall or window. Nothing
herein contained shall be construed to prevent the operation of a
radio apparatus or talking machine used in a reasonable manner by
any person within any building or structure, provided that the said
radio apparatus or talking machine or loudspeaker is not so arranged
that such loudspeaker shall project the sound therefrom directly outside
of any building or out of doors.
J.
The operation of any machinery, equipment, pump, fan,
exhaust fan, attic fan, air-conditioner apparatus or similar mechanical
device in such a manner as to create any unreasonable and unnecessary
noise which shall disturb the comfort and repose of any person in
the vicinity.
K.
The use and operation of sound devices and apparatus
for commercial or business advertising purposes are prohibited. It
shall be unlawful for any person to use or operate or cause to be
used or operated any sound device or apparatus in, on, near or adjacent
to any public street, park or place for commercial or business advertising
purposes.
L.
The keeping of any dog, which, by frequent, habitual
or long-continued barking, whining or howling, disturbs any person
or neighborhood; provided, however, that in order to constitute a
violation hereunder, the person(s) keeping such dog shall have failed
to remedy the nuisance after a warning notice from the Code Enforcement
Officer given within the 30 days previous to the violation charged.
The following activities shall be exempt from
this chapter:
A.
Safety signals: noise of safety signals and warning
devices.
B.
Authorized emergency vehicles: noises resulting from
any authorized vehicle, when responding to an emergency.
C.
Municipal services: noises resulting from the provision
of municipal services (e.g., trash collection).
D.
Public improvements and public utility construction
and repair: noise resulting from the construction or repair activities
of, or equipment operated by or on the authority of the Town or the
State of Delaware or any department or agency thereof or by any public
utility company, when engaged in construction, repair, or installation
of public improvements and public utility service.
E.
Temporary activities: any noise resulting from activities
of a temporary duration permitted by law or for which a waiver or
permit has been granted by the Town.
F.
Certain unamplified human voices: the unamplified
human voice and unamplified crowd noise resulting from activities
such as those planned by day-care centers, schools, government and
community groups.
G.
Parades: parades and public gatherings for which the
Town has issued a waiver or permit.
H.
Religious chimes, bells, carillons: bells, chimes
and carillons being used for religious purposes or in conjunction
with religious services or for national celebrations or public holidays.
I.
Sponsored events: noise resulting from Town-sponsored
events in public parks or public places, including any performance.
J.
Lawn maintenance equipment: noise resulting from the
operation of lawn maintenance equipment, except between 9:00 p.m.
and 8:00 a.m., so long as such equipment is functioning within manufacturers'
specifications with all mufflers and noise-reducing equipment in use
and in proper operating condition.
