[HISTORY: Adopted by the Board of Aldermen of the City of
Melrose 5-20-1996 by Ord. No. 96-193. Amendments noted where applicable.]
A.
This chapter is intended to prohibit preventable and unnecessary
noise and is not intended, nor shall it be construed, to regulate
the usual and customary noise incidental to urban life.
B.
This chapter may be applied to business and industrial establishments,
but when so applied to establishments properly located in business
or industrial zones, due consideration shall be given to the zone
in which the establishment is located, and the customary and natural
noise incident to the operation of businesses or industries permitted
in the area zoned shall be considered so as not to work an undue hardship
upon lawful business and industrial establishments.
A.
It shall be unlawful for any person to make, continue or cause to
be made or continued any loud, unnecessary or unusual noise or any
noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the
City.
C.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, which enumeration
shall not deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the City, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up. The use of
sirens except by authorized emergency vehicles, as defined by this
chapter, is prohibited.
(2)
Radios, phonographs and similar devices. The using, operating or
permitting to be played, used or operated of any radio receiving set,
television set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are voluntary listeners thereto.
The operation of any such set, instrument, phonograph, machine or
device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner
as to be disturbing to a normal person at the property line shall
be prima facie evidence of a violation of this subsection.
(3)
Yelling and shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 10:00 p.m.
and 7:00 a.m. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of normal persons.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long-continued sounds which are plainly audible within
a noise-sensitive zone or plainly audible at a distance of 50 feet
from the lot line of the lot on which it is located.
(5)
Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(6)
Constructing or repairing of buildings. The erection, including excavating,
or the demolition, alteration or repair of any building other than
between 7:00 a.m. and 6:00 p.m., except in cases of urgent necessity
in the interest of public health and safety, and then only with a
permit from the Building Commissioner, which may be granted for a
period of three days or less while the emergency continues and which
permit may be renewed for periods of three days or less while the
emergency continues. If the Building Commissioner or his/her designee
should determine that the public health and safety will not be impaired
by the erection, demolition, alteration or repair of any building
or the excavation of streets and highways between the hours of 6:00
p.m. and 7:00 a.m., and if he/she shall further determine that loss
or inconvenience would result to any party in interest, he/she may
grant permission for the work to be done between the hours of 6:00
p.m. and 7:00 a.m. upon application being made at the time the permit
for the work is awarded or during the progress of the work.
[Amended 8-21-2017 by Ord. No. 2018-4]
(7)
Schools, churches and hospitals. The creation of any excessive noise
on any street adjacent to any school, institution of learning or church
while the same is in use, or adjacent to any hospital, which unreasonably
interferes with workings of the institution or which disturbs or unduly
annoys patients in a hospital, if conspicuous signs are displayed
in such street indicating that the same is a school, church or hospital
street.
[Amended 8-21-2017 by Ord. No. 2018-4]
(8)
Hawkers and peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
(9)
Pile drivers and hammers. The operation between the hours of 10:00
p.m. and 7:00 a.m. on weekdays and at any time on Sundays of any pile
driver, steam or power shovel, pneumatic hammer, derrick, steam or
electric hoist or other appliance, the use of which is attended by
loud or unusual noise.
(10)
Blowers. The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the
noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such a noise.
(11)
Loading and unloading. Loading, unloading, closing or handling
of boxes, crates, containers, dumpsters, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m.
the following day on weekdays or between the hours of 10:00 p.m. and
9:00 a.m. the following day when the following day is a Saturday,
Sunday or holiday in such a manner that is plainly audible within
a noise-sensitive zone.
It shall be unlawful for any person in charge of any store,
garage, filling station, apartment house, theater or other premises
where persons gather or enter for purposes of amusement or trade within
the City, either by his/her own actions or by permitting or allowing
any persons who may resort to said premises by day or night, to disturb
the neighbors or public peace by:
A.
Loud cries, boisterous songs or the operation of musical machines,
instruments or other musical devices, the use of which produces loud
music or noises, or making other noises interrupting the peace or
quiet of the neighborhood within a radius of 300 feet.
B.
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle
or motorboat in such a manner as to be plainly audible at a distance
of 50 feet from the lot line of the lot on which said activity is
located.
C.
Operating or permitting the operation of any device that creates
vibration which is above the vibration perception threshold of any
individual at or beyond the property boundary of the source if on
private property or at 50 feet from the source if on a public space
or public right-of-way. For the purposes of this subsection, "vibration
perception threshold" means the minimum ground- or structure-borne
vibration motion necessary to cause a normal person to be aware of
the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects.
It shall be unlawful for any person in charge of any store,
garage, filling station, apartment house, theater or other premises
where persons gather or enter for purposes of amusement or trade within
the City, either by his/her own actions or by permitting or allowing
any persons who may resort to said premises, to disturb the neighbors
or public peace by loud cries, boisterous songs or the operation of
musical machines, instruments or other musical devices, the use of
which produces loud music or noises, or making other noises interrupting
the peace or quiet of the neighborhood at any and all places within
the City after the hour of 10:00 p.m. and before the hour of 7:00
a.m.
A.
Noise emanating from lawful and proper activities on school grounds,
playgrounds, parks or places wherein athletic contests take place
is exempt from the provisions of this chapter during established hours
of operation. Special events may be exempted upon issuance of a permit
from the Mayor or his/her designee.
B.
Noise emanating from emergency activities involving electric or gas
substations, fire stations, police stations, post offices, railroad
commuter passenger stations, telephone exchanges, telephone transmission
equipment buildings and microwave relay towers, maintenance and equipment
storage buildings owned and operated by the City and public works
facilities is exempt from the provisions of this chapter.
It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in § 164-7 unless such noise is reasonably necessary to the preservation of life, health, safety or property.
A.
Any activity, not expressly exempted by this chapter, which creates
or produces sound, regardless of frequency, exceeding the ambient
noise levels at the property line of any property or, if a condominium
or apartment house, within any adjoining apartment above the ambient
noise levels as designated in the following table, at the time and
place and for the duration then mentioned, shall be deemed to be a
violation of this chapter, but the following enumeration shall not
be deemed to be exclusive:
|
Duration of Sound
|
7:00 a.m. to 6:00 p.m.
(all districts)
|
6:00 p.m. to 10:00 p.m.
(residential districts)
6:00 p.m. and 7:00 a.m.
(all other districts)
|
10:00 p.m. and 7:00 a.m.
(residential districts)
| |
|---|---|---|---|---|
|
Less than 10 minutes
|
75 db
|
70 db
|
60 db
| |
|
Between 10 minutes and 2 hours
|
70 db
|
60 db
|
50 db
| |
|
In excess of 2 hours
|
60 db
|
50 db
|
40 db
|
B.
In determining whether a particular sound exceeds the maximum permissible sound level in the table set out in Subsection A:
(1)
Sounds in excess of the residential district limitations as measured
in a residential district are violative of this section whether the
sound originates in a residential district or any other district.
(2)
During all hours of Sundays and holidays, the maximum allowable decibel
levels for residential districts are as set forth in Column 3 of the
table.
Any power lawn mower, power hedge clipper, power saw or such other implement designed primarily for outdoor use shall be operated within the City only between the hours 7:30 a.m. and 9:00 p.m. on weekdays or between the hours of 9:00 a.m. and 9:30 p.m. on Saturdays, Sundays and legal holidays; however, such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed in § 164-7, may be operated during the hours otherwise prohibited by this section.
[Amended 9-22-1998 by Ord. No. 96-193A]
A violation of any provision of this chapter shall be punishable
by a fine of not more than $50 for a first offense, $100 for a second
offense and $150 for each subsequent offense. After the third offense,
there shall be no automatic renewal of a municipal license. Each separate
occurrence in violation of this chapter shall constitute a separate
and distinct offense.
The provisions of this chapter shall be in addition to and shall
not disturb either the right of the City, if such, or the right of
individuals affected by the violation of this chapter to pursue any
other remedy for the abatement of a nuisance or any other remedy which
might or could be available under the law.
[Amended 8-21-2017 by Ord. No. 2018-4]
Enforcement personnel shall be the Police Chief, the Building
Commissioner, the Director of Public Health and their designees.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
The all-encompassing noise associated with a given environment,
being either a composite of sounds transmitted by any means from many
sources near and far or a single, predominant source.
Any of the following vehicles when equipped and identified
according to law:
A vehicle of a Fire Department.
A publicly owned police vehicle or a privately owned vehicle
used by a police officer for police work under agreement, express
or implied, with the authority to which he/she is responsible.
An ambulance, whether publicly or privately owned.
An emergency vehicle of a City department or a public service
corporation.
The weighted sound level measured by the use of metering
characteristics and the prescribed A-weighting frequency response
specified in American National Standards SL. 4. 1971 as established
by the American National Standards Institute, Inc.
Any building or structure, or portion thereof, except temporary
housing or one wherein a watchman's quarters are the only sleeping
accommodations, which is wholly or partly used or intended to be used
for living or sleeping by human occupation.
A situation wherein immediate work is necessary to restore
property to a safe condition following a public calamity or immediate
work is required to protect persons or property from an imminent exposure
to danger.
Any motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
Any vehicle, motorcycle, machine, tractor, trailer, semitrailer
or combination thereof propelled or drawn by mechanical power and
used for the transportation of passengers or property or any combination
thereof, but does not include a vehicle, locomotive or car operated
exclusively on a rail or rails.
One or a group of loud, harsh, nonharmonious sounds or vibrations
that are unpleasant and irritating to the ear.
Any traffic light, stop or yield sign, official or police
officer.
[Amended 8-21-2017 by Ord. No. 2018-4]
Any district except a commercial, industrial or manufacturing district as defined in Chapter 235, Zoning.
For the purposes of the "Duration of Sound" column in the table in § 164-7, "sound" includes continuous, continual and intermittent sounds transmitted by any means, the interval of silence between which does not exceed 10 seconds.
A.
The intensity of noise is measured in decibels (db). Its measurement
is logarithmic, which means that each decibel increase of 10 is a
ten-times increase in the level of noise: 130 is 10 times greater
than 120, and 130 is 100 times greater than 110.
B.
A guide to the noise intensity:
(1)
Thirty decibels is considered very quiet.
(2)
Fifty decibels is considered moderately quiet.
(3)
Eighty decibels is considered annoying.
(4)
One hundred decibels is considered intolerable.
(5)
One hundred forty decibels is considered threshold of pain.
(6)
One hundred eighty decibels is considered lethal.
C.
Applying the decibel scale to everyday, we find:
|
Level
|
Decibels
| |
|---|---|---|
|
Lethal Level
|
180 Rocket engine
| |
|
150 Jet plane at takeoff
| ||
|
Pain Threshold
|
120 Machine gun at close range
| |
|
120 Pneumatic chipper
| ||
|
115 House party, 4-piece rock band
| ||
|
115 Jet airliner (500 feet overhead)
| ||
|
111 Motorcycle
| ||
|
108 Pneumatic hammer, 6 feet away
| ||
|
107 Power mower
| ||
|
104 Walking near a helicopter
| ||
|
Discomfort and Danger Area
|
102 Outboard motor
| |
|
102 Outside, jet taking off at airport
| ||
|
100 Heavy automobile traffic or jet aircraft passing overhead
| ||
|
100 Train stopping in station
| ||
|
100 150-cubic-foot air compressor
| ||
|
98 Farm tractor
| ||
|
96 Pushing a power lawn mower
| ||
|
95 Subway train
| ||
|
95 At a seat in subway, windows open
| ||
|
94 Inside a jet airplane on takeoff
| ||
|
93 Food blender
| ||
|
92 Screaming child
| ||
|
Hearing Damage (Eight hours)
|
90 Bus idling; heavy city noises
| |
|
90 Niagara Falls at base; garbage disposal
| ||
|
88 Propeller aircraft flyover at 1,000 feet
| ||
|
86 Sports car running in street
| ||
|
85 Garbage truck 200 feet away
| ||
|
82 Traffic at a residential intersection
| ||
|
Recommended Maximum Noise Level
|
75 Average traffic
| |
|
75 Vacuum cleaner; dishwasher
| ||
|
70 Automobile; home air conditioner
| ||
|
60 Conversational speech
| ||
|
55 Window air conditioner
| ||
|
50 Quiet restaurant
| ||
|
45 Homes
| ||
|
40 Quiet office
| ||
|
35 Library
| ||
|
30-40 Refrigerator
| ||
|
30 Whispering
| ||
|
20 Leaves rustling in breeze
| ||
|
20 Broadcasting studio
| ||
|
10 Normal breathing
| ||
|
0 Audibility threshold (level of weakest sound that can be heard
by young person with excellent hearing)
|
