[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
It is hereby declared to be the policy of the Town to prohibit
unnecessary, excessive, and annoying noise from all sources subject
to its police power. At certain levels, such noise is a serious hazard
to the public health and welfare and the quality of life in a close
urban and suburban society. The Town recognizes that each person has
the right to an environment reasonably free from said noise. Therefore,
in the public interest, such noise shall be systematically proscribed.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The total sound level of all noise as measured with a sound
level meter using the "A" weighing network. The unit of measurement
is the dB(A).
The all encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
A unit of level when the base of logarithm is 10. Use of
the bel is restricted to quantities proportional to power.
Any and all activity necessary or incidental to the erection,
assembly, alteration, installation, repair or equipment of buildings,
dwellings, roadways or utilities, including but not limited to: land
clearing, grading, excavating and filling.
The complete sequence of values of a periodic quantity that
occur during a period.
One-tenth of a bel and is a unit of level when the base of
the logarithm is the tenth root of ten, and the quantities concerned
are proportional to power.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Activity made necessary to restore property to a safe condition
following a public calamity of work required to protect persons or
property from imminent exposure to danger or work by private or public
utilities when restoring utility service.
Any individual, including the owner of premises, or tenant,
association, partnership or corporation.
Any line of record, bounding another parcel of real property
which divides said real property from any other parcel of real property
or from a public or private street or any other public or private
space.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of each sound, including duration,
intensity and frequency.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output or display meter, and
weighting networks, used to measure sound pressure levels, which complies
with A.N.S.I. standards.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The measurement of sound or noise shall be made with a sound
level meter. The instrument shall be maintained in calibration and
in good working order. A calibration check shall be made of the system
at the time of any noise measurement. Measurements recorded shall
be taken so as to provide proper representation of the noise source.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
|
Zone
|
Time
|
Sound Level
(dba)
|
|---|---|---|
|
R1, R2, R3
|
7:00 a.m. — 7:00 p.m.
|
65
|
|
R1, R2, R3
|
7:00 p.m. — 10:00 p.m.
|
60
|
|
R1, R2, R3
|
10:00 p.m. — 7:00 a.m.
|
55
|
|
C1, C2
|
7:00 a.m. — 7:00 p.m.
|
70
|
|
C1, C2
|
7:00 p.m. — 7:00 a.m.
|
65
|
|
A1, A2
|
7:00 a.m. — 7:00 p.m.
|
65
|
|
A1, A2
|
7:00 p.m. — 7:00 a.m.
|
60
|
|
I1, 12
|
7:00 a.m. — 7:00 p.m.
|
85
|
|
I1, 12
|
7:00 p.m. — 7:00 a.m.
|
75
|
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
Any noise level exceeding the ambient base level, as defined in § 14-34 anywhere along the real property, or property lines of any property, or if a condominium or apartment house, with any adjoining apartment, by more than five decibels, shall be deemed to be prima facie evidence of a violation of this section.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The Police Chief or his designee shall train personnel in the
proper use of sound level meters and criteria necessary for the enforcement
of the provisions of this article.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
Any person found to be in violation of this section by any duly
authorized police officer shall be given written warning for the first
offense. Any person who commits a second violation shall be summoned
to court and upon conviction shall be fined $50. All subsequent violations
shall result in a $100 fine upon conviction.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The following activities shall be exempt from noise level regulations.
(1)Â
Noises of safety signals, warning devices, or any authorized emergency
vehicle when responding to an emergency call.
(3)Â
Any aircraft operated in conformity with or pursuant to federal law,
federal air regulations, and/or air traffic control instruction.
(4)Â
Any noise resulting from activities of a temporary duration permitted
by law and for which a license or permit therefore has been granted
by the Town.
(5)Â
The emission of sound in the discharge of weapons or in fireworks
displays licensed by the Town from 7:00 a.m. to 11:00 p.m.
(6)Â
The emission of sounds in the operation of snow removal equipment
at any time; provided that such equipment shall be maintained in good
repair so as to minimize noise.
(7)Â
The emission of sound relative to permitted construction and demolition
activities; provided that such activity does not occur between the
hours of 9:00 p.m. and 7:00 a.m.
(8)Â
The emission of sound in a residential area made in the course of
the maintenance of a dwelling and or property; provided, however,
that such activity does not occur between the hours of 9:00 p.m. and
7:00 a.m.
(9)Â
The emission of sound, notwithstanding appropriate zoning and licensing
requirements, made in the regular course of business; provided, however,
that: a) such sound does not occur between the hours of 9:00 p.m.
and 7:00 a.m. and b) that sound or noise projecting from one zoned
district with a different noise level limit shall not exceed the limits
of the district from which the noise is projected.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
(a)Â
Notwithstanding any other provisions of this chapter, and in addition
thereto, it shall be unlawful for any person to willfully make or
continue or cause to be made or continued, any loud, unnecessary,
or unusual noise which disturbs the peace or quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
(b)Â
The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include,
but not be limited to, the following:
(1)Â
The level of the noise;
(2)Â
The intensity of the noise;
(3)Â
Whether the nature of the noise is usual or unusual;
(4)Â
Whether the origin of the noise is natural or unnatural;
(5)Â
The level and intensity of the background noise, if any;
(6)Â
The proximity of the noise to residential sleeping facilities;
(7)Â
The nature and zoning of the area within which the noise emanates;
(8)Â
The density of the inhabitation of the area within which the
nosie emanates;
(9)Â
The time of the day or night the noise occurs;
(10)Â
The duration of the noise;
(11)Â
Whether the noise is recurrent, intermittent, or constant; and
(12)Â
Whether the noise is produced by a commercial or noncommercial
activity.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The absence of any evidence derived from the use of a sound level meter shall not preclude a conviction under § 14-39 based on other admissible evidence.
