[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:
AMBIENT NOISE
All encompassing noise associated with a given environment,
being usually a composite of sounds of many sources near and far.
ANSI
The American National Standards Institute or its successor
bodies.
CONTINUOUS NOISE
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.
DAYTIME
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.
DECIBEL (dB)
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).
DECIBEL-A-WEIGHTED (dBA)
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.
HOLIDAYS
Includes all federal, state or Town of Milton holidays in
any given year.
IMPULSIVE NOISE
Noise characterized by brief excursions (usually less than
one second) or sound pressure which significantly exceeds the ambient
environmental sound pressure.
MOBILE SOURCE
Any vehicle, self-propelled or not, which is capable of emitting
noise.
MOTORCYCLES
An unenclosed motor vehicle having two or three wheels and
includes, but is not limited to, motor scooters and minibikes.
NIGHTTIME
Those times of day excluded from the definition of "daytime."
NOISE
The intensity, frequency, duration and character of undesired
sounds from a single source or number of sources. Noises include vibrations
of subaudible frequency.
SAE
The Society of Automotive Engineers or its successor bodies.
STATIONARY SOURCE
Any equipment or activity associated with permitted land
uses which is capable of generating noise.
If the Code Enforcement Officer determines that the violation
has not been corrected, the Code Enforcement Officer may do any of
the following:
A. Refer the matter to the Town Manager for prosecution pursuant to §
148-14A.
B. Apply
to a court of competent jurisdiction for any and all injunctive relief,
as the court may deem proper, to enforce the provisions of this article.
C. Extend
the time for compliance for a reasonable time.
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.
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. Name and address of the applicant.
B. Name and address of the person having direct charge
of the sound-amplifying equipment.
C. Purpose for which the sound-amplifying equipment shall
be used.
D. General statement as to the areas of the Town in which
the sound-amplifying equipment shall be used.
E. General statement as to the times the sound-amplifying
equipment shall be used.
F. General description of the sound-amplifying equipment
that shall be used.
G. 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.