As used in this chapter, the following words and phases shall
be defined as set forth below:
AMBIENT SOUND
An all-encompassing composite of sounds from many sources
associated with a given environment.
AUDIBLE
That sound which can be heard by a person of normal hearing
ability.
COMMERCIAL PROPERTY
Any property currently or hereinafter zoned for any classification
of business or commercial zoning according to the Zoning Map of the
Town of Lewiston or any facility or property used for activities involving
the furnishing or handling of goods or services, including but not
limited to:
B.
Off-road vehicle operation, such as repair and maintenance.
E.
Banking and office activities.
F.
Recreation and entertainment.
I.
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of building or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
IMPULSIVE SOUND
A sound characterized by brief excursions of sound which
significantly exceeds the ambient sound.
INDUSTRICAL PROPERTY
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods, including any property currently or hereinafter
zoned for any classification of industrial zoning according to the
Zoning Map of the Town of Lewiston.
NOISE DISTURBANCE
Any sound that:
A.
Endangers the safety or health of any person.
B.
Disturbs a reasonable person of normal sensitivities.
C.
Endangers personal or real property.
PERSON
Any firm, partnership, corporation, association or individual.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a government entity.
PUBLIC SPACE
Any real property or structures therein that are owned or
controlled by a governmental entity.
REAL PROPERTY LINE
A.
The imaginary line, including its vertical extension, that separates
one parcel of real property from another; or
B.
The vertical and horizontal boundaries of a dwelling unit that
is in a multidwelling building.
SOUND DEVICE OR APPARATUS
Any radio or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device or any device or apparatus for the reproduction
or amplification of the human voice or other sounds.
SOUND SOURCE
Any person, animal, device, operation, process, activity,
or phenomenon which emits or causes sound.
The provisions of this chapter shall not apply to:
A. The emission of sound for the purpose of alerting persons to the
existence of an emergency or the creation of sound in the performance
of emergency work.
B. Noise from noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
C. Noise from municipally sponsored celebrations or events.
D. The sound created by bells or chimes associated with a church, synagogue
or any other place of public worship.
E. The sound created by public utilities in carrying out the operation
of their function.
F. The sound created by any parade, fair, sporting event, entertainment
or other event sponsored by any public organization or private school,
provided that such event shall take place between the hours of 7:00
a.m. and 11:00 p.m.
G. The sound created by animals in a kennel when the kennel owner has
taken all reasonable steps to temper that sound.
H. The sound emanating from any tractors, trucks, combines or any other
machinery used for agricultural purposes while planting, harvesting
or tending to crops being grown on land zoned for such agricultural
purposes.
J. The noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a muffler, between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays.
K. The noise from construction activity between the hours of 8:00 a.m.
and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays.
L. The noise from snowblowers, snow throwers and snowplows, when operated
with a muffler, for the purpose of snow removal.
M. The noise from a burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
15 minutes after it has been activated and shall not operate more
than 15 minutes in any one-hour period.
Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense, and such violations shall be punishable
by a fine of not less than $100 for the first offense, not less than
$200 for the second offense and not less than $500 for the third and
subsequent offenses or imprisonment of not more than 15 days, or both.