[HISTORY: Adopted by the Town Council of
the Town of Milton as indicated in article histories. Amendments noted
where applicable.]
[Derived from Ch. 11, Art. 3, of the prior Code]
This article shall be known and may be cited
as the "Noise Control Ordinance of Milton."
There is established in the Town a noise control
program for the purpose of promoting the health, safety and welfare,
and to foster the comfort of the residents and property owners of
the Town. To the maximum extent possible, such noise control program
shall be conducted in accordance with similar programs of other local
jurisdictions and of the state and federal governments.
As used in this article, the following terms
shall have the meanings indicated:
That contained in ANSI SI-1, "Acoustical Terminology" (1971).
All encompassing noise associated with a given environment,
being usually a composite of sounds of many sources near and far.
The American National Standards Institute or its successor
bodies.
A noise whose intensity remains essentially constant during
the period of observation. Continuous noise for measurement purposes
shall be defined as noise which is measured by the slow response setting
of a sound level meter.
The local time of day from May 1 of any year to September
30 of any year, both dates inclusive, between the hours of 8:00 a.m.
to 1:00 a.m. of the following day on Fridays, Saturdays, Sundays and
holidays, and the local time of day from 8:00 a.m. to 11:00 p.m. on
all days during the remainder of the year.
The unit of sound magnitude equal to 20 times the logarithm
to the base 10 of the ration of the sound pressure being measured
to a reference sound pressure, 20 micronewtons per square meter (20
micropascals).
The sound level, in decibels, measured with the sound level
meter using the A-Weighing network or scale as specified in ANSI SI
4-1974, Specification for Sound Level Meters.
Includes all federal, state or Town of Milton holidays in
any given year.[1]
Noise characterized by brief excursions (usually less than
one second) or sound pressure which significantly exceeds the ambient
environmental sound pressure.
Any vehicle, self-propelled or not, which is capable of emitting
noise.
An unenclosed motor vehicle having two or three wheels and
includes, but is not limited to, motor scooters and minibikes.
Those times of day excluded from the definition of "daytime."
The intensity, frequency, duration and character of undesired
sounds from a single source or number of sources. Noises include vibrations
of subaudible frequency.
The Society of Automotive Engineers or its successor bodies.
Any equipment or activity associated with permitted land
uses which is capable of generating noise.
The district set forth and established in Chapter 220, Zoning, of the Code of the Town of Milton.
A.Â
The administration and enforcement of this article
shall be the duty and responsibility of the Town Council who is hereby
authorized to take such actions, including the promulgation of rules
and regulations, necessary to the enforcement of the provisions of
this article.
B.Â
The Town Council, in addition to any other duties
vested in it by law, may do the following:
(1)Â
Conduct studies, investigations and research relating
to noise and its prevention, abatement and control.
(2)Â
Issue such orders as may be necessary to effectuate
the purposes of this article and enforce the same by all appropriate
administrative and judicial proceedings.
(3)Â
Hold hearings relating to any aspect of or matter
in the administration of this article.
(4)Â
Secure necessary scientific, technical, administrative
and operational services, including laboratory facilities, by contract
or otherwise.
(5)Â
To prepare and develop a comprehensive plan or plans
for the prevention, abatement and control of noise.
(6)Â
Advise, consult and cooperate with other local governmental
units, agencies of the states, industries, interstate or interlocal
agencies and the federal government, and with interested persons or
groups.
(7)Â
Review those matters having a bearing upon excessive
noise referred by public agencies.
(8)Â
Collect and disseminate information and conduct educational
and training programs relating to excessive noise, its effects and
its control.
(9)Â
Encourage voluntary cooperation by persons or effected
groups to achieve the purposes of this article.
(10)Â
Do any and all acts which may be necessary for
the successful prosecution of the intent of this article and such
other acts as may be specifically enumerated herein.
(11)Â
Allocate police personnel as shall be required
in the enforcement of this article.
A.Â
Stationary sources.
(1)Â
Noise levels from stationary sources and mobile sources
while stationary shall not exceed the noise levels presented in Table
1 below for each of the zoning districts listed there during the time
of day indicated. Where two or more zoning districts are involved,
the maximum noise level for the more restrictive zoning district shall
apply.
|
Table 1
Maximum Permissible Noise Levels From
Stationary and Mobile Sources
(Measured at property line)
| |||||
|---|---|---|---|---|---|
|
Continuous Octave Band
| |||||
|
Zoning District Classification
|
Time of Day
|
Continuous Noise
(dBA)
|
Impulsive Noise
(dB)
|
Center Frequency
(Hz)
|
dB
|
|
All Commercial Districts
|
Daytime
|
70
|
31.5
|
85
| |
|
63
|
84
| ||||
|
Nighttime
|
55
|
120
|
125
|
79
| |
|
250
|
74
| ||||
|
500
|
68
| ||||
|
1,000
|
62
| ||||
|
2,000
|
57
| ||||
|
4,000
|
53
| ||||
|
8,000
|
50
| ||||
|
All Residential Districts
|
Daytime
|
65
|
31.5
|
80
| |
|
63
|
79
| ||||
|
Nighttime
|
55
|
125
|
74
| ||
|
100
|
250
|
69
| |||
|
500
|
63
| ||||
|
1,000
|
57
| ||||
|
2,000
|
52
| ||||
|
4,000
|
48
| ||||
|
8,000
|
45
| ||||
B.Â
Mobile sources.
[Amended 12-7-2009 by Ord. No. 2009-001; 1-4-2021 by Ord. No. 2021-001]
(1)Â
Noise levels from mobile sources shall not exceed those levels presented in the Continuous Noise column of Table 1 above in Subsection A(1).
(2)Â
Test procedures to determine whether maximum noise emitted by mobile
sources complies with the noise limits set forth in this article shall
be performed in the following manner:
(a)Â
The location of the microphone of the measurement system shall
be on the receptor's property boundary at a point approximately
10 feet from any obstruction (including building walls, trees, bushes,
automobiles).
(b)Â
No person, other than the operator, shall be within 10 feet
of the microphone used with the sound measurement system during the
measurement period.
(c)Â
The sound measurement system shall be calibrated in accordance
with the manufacturer's instructions.
(d)Â
All measurements shall be conducted with the sound level meter
set on the A-weighted scale "fast" response reading level.
(e)Â
Noise level measurements shall be taken when the alleged noise
source is in operation and when not in operation. If the noise source
in operation cannot be turned off for the purpose of making a measurement,
then the measurement taken during the noise source in operation shall
be compared to the standard levels of noise in the Continuous Noise
column of Table 1.
C.Â
Noise sensitive zones.
(1)Â
Whenever the protection of the public health and welfare
so require, the Code Enforcement Officer, after the duly advertised
public hearing conducted by the Council and with the approval of the
Council, may designate any geographic area of the Town as a noise
sensitive zone. Such designation shall include a description of the
subject area and the reasons for determination as a noise sensitive
zone.
[Amended 12-7-2009 by Ord. No. 2009-001]
(2)Â
Noise sensitive zones' noise levels originating from
stationary sources shall not exceed those presented in Table 2 below.
|
Table 2
Maximum Permissible Noise Levels In Noise
Sensitive Zones From Stationary Sources
(Measured at property line)
| ||||
|---|---|---|---|---|
|
Continuous Octave Band
| ||||
|
Time of Day
|
Continuous Noise
(dBA)
|
Impulsive Noise
(dB)
|
Center Frequency
(Hz)
|
dB
|
|
31.5
|
65
| |||
|
63
|
64
| |||
|
125
|
59
| |||
|
250
|
54
| |||
|
All
|
50
|
90
|
500
|
48
|
|
1,000
|
42
| |||
|
2,000
|
38
| |||
|
4,000
|
33
| |||
|
8,000
|
30
| |||
A.Â
No person shall sound a vehicular horn or other audible
signal device except as a cautionary warning signal.
B.Â
No person shall sell anything by outcry during the
night. The selling by outcry of merchandise, food and beverages at
licensed entertainment events is excluded.
C.Â
No person shall use any machinery device for the production
or reproduction of sound which is cast upon public streets or lands
for the purpose of commercial advertising or of attracting the attention
of the public to any buildings, structure or activity during the night.
D.Â
No person shall use any musical instrument, radio,
phonograph or tape player upon public streets during the night. This
subsection does not apply to persons participating in duly licensed
parades or persons duly authorized to engage in such conduct.
E.Â
No person shall install any permanent standby electrical generation system or device without first obtaining a building permit from the Town of Milton. Upon completion of installation, the system or device shall be subject to noise level testing in accordance with standard procedures for measuring noise levels provided in § 48-5A(3). Once testing has been completed and noise levels are found to be within the prescribed levels provided in § 148-5A(2), a certificate of compliance shall be issued.
[Added 7-20-2015 by Ord.
No. 2015-005]
A.Â
No person shall cause, suffer, or allow or permit
the removal, disconnection or disabling of any noise suppression device
or system which has been installed on any noise source pursuant to
any of the following:
B.Â
No person shall defeat the designed purpose of any
noise suppression system or device by installing therein or thereon
any part or component which does not meet the minimum designated specifications
for that system or device.
C.Â
No noise source shall be operated with its noise suppression
system or device removed or otherwise rendered inoperable.
A.Â
The Code Enforcement Officer is authorized and directed
to make or cause to be made inspections in response to complaints
that an alleged violation of this provision of this article or of
applicable rules or regulations adopted pursuant thereto which may
exist, when he/she has a valid reason to believe that a violation
of this article has been or is being committed, or is a part of a
systematic survey program.
B.Â
The Code Enforcement Officer shall have authority, with the consent
of the owner, occupant, operator or agent, to enter and inspect all
premises subject to the provisions of this article for the purpose
of determining whether there is compliance with the Town of Milton
requirements.
[Amended 1-4-2021 by Ord.
No. 2021-001]
C.Â
If any owner, occupier, operator, or agent fails to
allow or refuses free access and entry to the premises where a noise
source is located, or any part thereof, with respect to which an inspection
authorized by this article is found to be made, the Code Enforcement
Officer may, upon a showing that requisite probable cause exists for
the inspection, petition and obtain an order from a competent jurisdiction
authorizing such inspection.
D.Â
All evidence which may be discovered or obtained in
the course of an inspection made pursuant to this section shall not
be disclosed except as may be necessary in the judgment of the Code
Enforcement Officer for the proper and effective administration and
enforcement of the provisions of this article and regulations issued
pursuant thereto.
A.Â
Whenever the Code Enforcement Officer determines that
any noise source fails to meet the requirements set forth in this
article or any applicable regulation issued pursuant thereto, he or
she shall issue a notice of violation setting forth the alleged failures
and advising the owner, occupant, operator or agent that such failure
must be corrected. Such notice shall be in writing and shall set forth
the following information:[1]
(1)Â
The alleged violations of this article or of applicable
regulations issued pursuant thereto.
(2)Â
Description of the premises where the violations are
alleged to exist and/or other identification of the noise source.
(3)Â
A reasonable time within which any violation alleged
is required to be corrected.
B.Â
The notice shall be directed to the owner, occupant
or operator of the noise source or upon the agent of any of the foregoing
by any of the following means:
A.Â
All noise sources brought into the Town six months
after the date of enactment of this article shall comply with the
provisions of this article as of the date of the commencement of operations.
If the Code Enforcement Officer determines that the violation
has not been corrected, the Code Enforcement Officer may do any of
the following:
A.Â
Whenever, in the judgment of the Code Enforcement
Officer, an emergency exists which requires immediate action to protect
the public health, safety or welfare, an order may be issued, without
notice, conference or hearing, directing the owner, occupant, operator
or agent to take such actions as is appropriate to correct or abate
the emergency.
[Amended 12-7-2009 by Ord. No. 2009-001]
B.Â
The owner, occupant, operator or agent shall be granted a conference
on the matter upon their request, as soon as practicable; but such
conference shall in no case stay the abatement or correction of such
emergency.
[Amended 1-4-2021 by Ord.
No. 2021-001]
C.Â
Any person aggrieved by an order of the Code Enforcement
Officer, pursuant to any provision of this article, may appeal that
order to a court of competent jurisdiction.
[Amended 12-7-2009 by Ord. No. 2009-001]
A.Â
Any person responsible for any noise source may apply
to the Town Council for an exemption or partial exemption from the
provisions of this article. The application shall be accompanied by
such information and data as the Town Council may require. The Town
Council shall grant such exemption or partial exemption if it finds
the following:
B.Â
No exemption or partial exemption issued pursuant to this section shall be granted for a period to exceed one year, but any such exemption or partial exemption may be renewed for like periods if, after duly being considered at a hearing, the Town Council finds that renewal is justified under § 148-13A. No renewal shall be granted except on application therefor. Any such exemption shall be made at least 60 days prior to the expiration of the exemption or partial exemption. Any renewal granted pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in § 148-13A.
C.Â
An exemption, partial exemption or renewal thereof
shall not be a right of the applicant or holder thereof but shall
be the discretion of the Town Council subject to the provisions of
this article.
D.Â
Audible signal devices which are employed as warning
or alarm signals in case of fire, collision or imminent danger are
specifically exempt from the provisions of the article. Police sirens
are specifically exempt. Standby electrical generation systems are
exempt during power outages.
[Amended 7-20-2015 by Ord. No. 2015-005]
A.Â
Any violation of the provisions of this article is
a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less $50 nor more than $100 or by imprisonment for a period
of not to exceed 30 days, or both. Each day a violation continues
shall constitute a separate offense.
B.Â
The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue.
C.Â
Nothing in this article shall be construed to abridge,
limit or otherwise impair the right of any person to damages or other
relief on account of injuries to persons or property or to maintain
any action or other appropriate preceding therefor.
In any case where a provision of this article
is found to be in conflict with any other provision of the Municipal
Code of the Town of Milton, Delaware, existing on the effective date
of this article, the provision which establishes the more stringent
standard for the promotion and protection of the health and safety
of the public shall prevail. In any case where a provision of this
article is found to be in conflict with any other provision of the
Municipal Code of the Town of Milton, Delaware, existing on the effective
date of this article, which establishes a less stringent standard
for the promotion and protection of the health and safety of the public,
the provisions of this article shall be deemed to prevail and any
such provisions are hereby declared to be repealed to the extent that
they may be found in conflict with the provisions of this article.
[Derived from Ch. 11, Art. 11, of the prior Code]
[Amended 12-7-2009 by Ord. No. 2009-001; 9-9-2013 by Ord. No. 2013-04]
All persons using the streets of Milton for
sound trucks shall obtain a permit from the Code Enforcement Officer
and pay the relevant fee as established in the currently effective
Town of Milton Fee Schedule. Special permits may be issued by the
Code Enforcement Officer to offices such as the State Highway Department
or to service organizations in the locality without charge.
A.Â
No person shall operate or use any sound-amplifying
equipment, whether stationary or mounted on a vehicle, without first
obtaining a permit from the Code Enforcement Officer. No permittee
shall use any sound-amplifying equipment in any manner and at any
time so as to unreasonably disturb the peace and quiet of any neighborhood
or of the citizens thereof.[1]
B.Â
Any person operating or causing to be operated any sound-amplifying
equipment in violation of the sound-amplifying equipment provisions
of this article shall have their permit revoked.
[Amended 1-4-2021 by Ord.
No. 2021-001]
Each applicant for a permit to use sound-amplifying
equipment shall, in writing and on forms required by the Code Enforcement
Officer, submit to the Code Enforcement Officer the following information:
A.Â
Name and address of the applicant.
B.Â
Name and address of the person having direct charge
of the sound-amplifying equipment.
C.Â
Purpose for which the sound-amplifying equipment shall
be used.
D.Â
General statement as to the areas of the Town in which
the sound-amplifying equipment shall be used.
E.Â
General statement as to the times the sound-amplifying
equipment shall be used.
F.Â
General description of the sound-amplifying equipment
that shall be used.
G.Â
Any other information which the Code Enforcement Officer
may require in order to reasonably enforce the provision of this article
relating to sound-amplifying equipment.
If the Code Enforcement Officer determines that granting the permit required by § 148-17 shall not unreasonably disturb the peace and quiet of any neighborhood or of the citizens thereof, he or she shall issue to the applicant a permit for the use of the sound-amplifying equipment described in the permit application, which shall be used during the time and in that manner set forth in the permit application and in the sound-amplifying equipment provisions of this article.
A.Â
Any person
who shall violate the provisions of this article shall be fined not
less than $50 nor more than $500.
B.Â
For the
purpose of this article, each day that a violation continues shall
be deemed to be a separate offense.
C.Â
The application
of any penalty set forth herein shall not be held to prevent the enforced
removal of any prohibited condition.
