[HISTORY: Adopted by the Town Council of the Town of Standish 4-13-2010 by Order No.
08-10. Amendments noted where applicable.]
This article is intended to provide guidance for the regulation
of noise generated by industrial, commercial, residential, retail
and institutional uses to minimize the impact on the environment and
abutting landowners. For purposes of this chapter, an institutional
use is a nonprofit, religious or public use, such as a church, library,
school, hospital, nursing home or government-owned or -operated facility.
[Amended 10-12-2010 by Order No. 82-10]
As used in this chapter, the following terms shall have the
meanings indicated:
The composite of airborne sound from many sources near and
far associated with a given environment. No particular sound is singled
out for interest.
The sound level as measured using the "A" weighted network
with a sound meter meeting standards set forth in American National
Standards Institute ANSI S1.4-1983 or its successors. The unit of
reporting is dBA.
The sound level as measured using the "C" weighting network
with a sound meter meeting standards set forth in American National
Standards Institute ANSI S1.4-1983 or its successors. The unit of
reporting is dBC. The "C" weighting network is more sensitive to low
frequencies than is the "A" weighting network.
[Amended 10-12-2010 by Order No. 82-10; 5-9-2023 by Order No. 44-22]
A.
The dBA
sound levels shall be limited to the abutting property as listed in
the table below based on the emitting use.
|
Noise Limits
| ||
|---|---|---|
|
Use
|
7:00 a.m. to 7:00 p.m.
dBA
|
7:00 p.m. to 7:00 a.m.
dBA
|
|
Residential
|
55
|
45
|
|
Commercial/Retail/Institutional
|
65
|
55
|
|
Industrial
|
70
|
60
|
B.
Since the
dBC scale is more sensitive to low frequency sound levels than the
dBA scale, noise levels from 7:00 p.m. to 7:00 a.m. shall not exceed
three or more dBC from the ambient noise level when measured within
the residence of a complainant.
C.
The dBA
and dBC sound level measurements shall be conducted using the fast
scale.
A.
The integrating sound level meter used for noise measurements shall
meet all of the Type 1 or 2 performance requirements of the American
National Standards Institute "American Standard Specifications for
Sound Level Meters" (ANSI S1.4 2014 R19 or latest revision) and the
International Electrotechnical Commission Standard on Integrating-Averaging
Sound Level Meters, IEC Publication 61672 or latest revision.
[Amended 5-9-2023 by Order No. 44-22]
B.
Regulated noise sources include all continuous, normal or frequent
or intermittent sound produced by any activity for a period of 15
minutes or more. Sound level shall be measured between four feet and
five feet above ground at or within the real property boundary of
the receiving property. Sound level measurements shall be in accordance
with ASTM Designation: E1014-12 (2021) or the latest revision.
[Amended 5-9-2023 by Order No. 44-22]
C.
The dBA and dBC sound level measurements shall be conducted using
the fast scale.
The following uses and activities shall be exempt from sound
level regulations:
A.
Natural phenomena.
B.
Any bell or chime occurring for a short duration (less than one minute)
marking an event, from any school or church or municipal building.
C.
Any siren, whistle, or bell lawfully used by emergency vehicles or
any other alarm systems used in an emergency.
D.
Warning devices required by the Occupational Safety and Health Administration
or other federal or state safety regulations.
E.
Farming equipment or farming activity occurring from 7:00 a.m. to
7:00 p.m. or daylight hours, whichever is longer.
F.
Noise from domestic power equipment, including, but not limited to,
power saws, sanders, grinders, leaf blowers, lawn and garden tools
and similar devices, operated from 7:00 a.m. to 7:00 p.m. or daylight
hours, whichever is longer, Monday through Saturday, and from 9:00
a.m. to 4:00 p.m. on Sunday.
G.
Timber harvesting (including felling trees, removing logs from woods
and wood chipping) operated from 7:00 a.m. to 7:00 p.m., Monday through
Saturday, and from 9:00 a.m. to 4:00 p.m. on Sunday.
[Amended 10-12-2010 by Order No. 82-10]
H.
Noises created by construction and temporary maintenance activities
between 7:00 a.m. and 7:00 p.m., Monday through Saturday, and from
9:00 a.m. to 4:00 p.m. on Sunday.
I.
Emergency construction or repair work by public utilities from 7:00
a.m. to 7:00 p.m. The Public Works Department may permit construction
from 7:00 p.m. to 7:00 a.m. if it is demonstrated that extenuating
circumstances make construction between 7:00 a.m. and 7:00 p.m. unfeasible.
J.
Municipal or public works projects and school-sanctioned sporting
events.
These sound level limits shall apply to any establishment holding a special amusement license pursuant to § 187-19 of the licenses and permits regulations of the Town of Standish.
This chapter shall be enforced by the local law enforcement
agency or its designee.
A.
Any person found in violation of this chapter shall receive a verbal
warning for the first offense, and the Town Manager shall be notified
in writing.
[Amended 10-12-2010 by Order No. 82-10]
B.
Any person found in violation of this chapter within six months of
receiving a verbal warning shall be issued a written warning.
C.
Any person found in violation of this chapter within six months of
receiving a written warning shall be fined no less than $500 and not
more than $1,000 for the first violation.
D.
All fees are to be deposited in a separate account as required by
7 M.R.S.A. § 3945, as it may be amended from time to time.
