Town of Standish, ME Noise

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.

§ 206-2 Definitions.

[Amended 10-12-2010 by Order No. 82-10]

As used in this chapter, the following terms shall have the meanings indicated:

AMBIENT NOISE: The composite of airborne sound from many sources near and far associated with a given environment. No particular sound is singled out for interest.

A-WEIGHTED SOUND LEVEL: 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.

C-WEIGHTED SOUND LEVEL: 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.

§ 206-3 Sound level standards.

[Amended 10-12-2010 by Order No. 82-10]

The dBA sound levels shall be limited to the abutting property as listed in the table below.

	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

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.

The dBA and dBC sound level measurements shall be conducted using the fast scale.

§ 206-4 Noise measurements.

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 S1.4-1983 or latest revision) and the International Electrotechnical Commission Standard on Integrating-Averaging Sound Level Meters, IEC Publication 804 (1985) or latest revision.

Regulated noise sources include all continuous, normal or frequent or intermittent sound produced by any activity. Sound level shall be measured between four feet and five feet above ground at the property boundary of the emitter property. Sound level measurements shall be in accordance with ASTM Designation: E1014-08 or the latest revision.

The dBA and dBC sound level measurements shall be conducted using the fast scale.

§ 206-5 Exemptions.

The following uses and activities shall be exempt from sound level regulations:

Natural phenomena.

Any bell or chime occurring for a short duration (less than one minute) marking an event, from any school or church or municipal building.

Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency.

Warning devices required by the Occupational Safety and Health Administration or other federal or state safety regulations.

Farming equipment or farming activity occurring from 7:00 a.m. to 7:00 p.m. or daylight hours, whichever is longer.

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.

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]

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.

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.

Municipal or public works projects and school-sanctioned sporting events.

§ 206-6 Special amusement noise.

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.

§ 206-7 Enforcement.

This chapter shall be enforced by the local law enforcement agency or its designee.

§ 206-8 Violations and penalties.

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]

Any person found in violation of this chapter within six months of receiving a verbal warning shall be issued a written warning.

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.

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.