It shall be unlawful for the owner or occupant of any parcel of land to create or permit the creation of sound which exceeds the levels shown on the following table for receiving land use:
Continuous Sound. Maximum sound level in dBA: slow response receiving land use category:
Impulsive Sound. Maximum sound level in dBA: fast response receiving land use category:
With impulsive noise, the following adjustment in the allowable maximum levels shall apply:
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be taken at the property line for twenty-minute durations. The calculated time-weighted one-hour average [Leq(1hr)] shall be the measurement parameter used to identify any violations of this chapter.
In the event that the background noise (ambient) level for a given land use exceeds the standards above, the following maximum sound levels, measured using the criteria above, shall apply:
[Amended 9-27-2012 by L.L. No. 9-2012; 6-4-2015 by L.L. No. 5-2015]
The following activities shall be exempt from the provisions of this code:
Operation of lawn mowers between the hours of 8:00 a.m. and 9:00 p.m.
Operation of snowblowers.
Operation of agricultural equipment or devices between the hours of 6:00 a.m. and 10:00 p.m.
Construction activity or work Monday through Friday, 7:00 a.m. to 8:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m.
A sound agricultural practice regardless of the hour of the day.
Emergency backup generators in operation during a power outage or during periods of cycling or periodic maintenance.
An individual may perform construction activities him/herself on a residential property on which such individual resides on Sunday from 9:00 a.m. to 5:00 p.m.
[Added 6-4-2015 by L.L. No. 5-2015]
Any construction activity or work outside of the hours identified in § 96-6 shall be prohibited. Furthermore, construction activity or work is prohibited at all times on the following federal holidays:
Enforcement of this code shall be effected using a sound pressure level meter (sound level meter) or logging dosimeter meeting or exceeding the requirements of ANSI S1.4-1983 (R2006) Type 1 or Type 2, with a dynamic range consistent with the measurements being taken, A-scale weighting, and a fast and slow response constant. If used, a logging dosimeter shall have the ability to operate on an exchange rate of three.
The meter shall be calibrated using a calibrator properly fitted to the sound measuring instrument being used, traceable to NIST, and having an accuracy of +/- 0.4 dBA or better.
Enforcement officers shall be trained in the proper calibration and use of the instrument.
The Code Enforcement Officer is authorized to issue a license for an activity which would otherwise create an unlawful noise level under this chapter.
Such license may be issued only upon the written application of the owner or legal occupant of the land or premises where the sound is to be generated, such application specifically stating:
The source of the anticipated sound.
The anticipated level of the sound at the property line of both the closest and the highest class receiving land use within one mile.
The times of day or night when the noise is to occur.
The land class from when the noise is to emanate.
The anticipated duration of the noise.
Whether the noise is impulsive or continuous in nature.
The presence of discrete tones.
Whether alternate methods are available to achieve the objective of the sound-producing activity.
What sound abatement steps have been taken.
The benefit of the activity to the Town of Southeast and its residents.
Such license will be issued at the sole discretion of the Code Enforcement Officer, so as to minimize the inconvenience and disturbance of the affected residents.