[Ord. No. 958 § 1, 2-18-1985]
For the purpose of this Article, the following terms, phrases,
words, and their derivation, shall have meaning as follows. All definitions
and terminology used in this Article not defined below shall be in
conformance with applicable publications of the American National
Standards Institute (ANSI).
- A-WEIGHTED SOUND LEVEL
- The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
- DECIBEL (DB)
- A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of sound measured to the reference pressure, which is twenty (20) micropascals [twenty (20) micronewtons per square meter].
- MODIFIED EXHAUST SYSTEMS
- An exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
- MOTOR VEHICLES
- Any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all-terrain vehicle, trail bikes or any other off-road vehicle, go-cart, minibikes, truck with gross vehicular weight of less than eight thousand (8,000) pounds [three thousand six hundred twenty-eight and eight tenths (3,628.8) liters].
- NOISE LEVEL
- The A-weighted sound level produced by a motor vehicle.
- PERSON
- Any person, firm, association, partnership or corporation.
- SOUND LEVEL METER
- An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels. Readings shall be made on a dB(A) scale.
- TRAFFIC NOISE
- Sound made by a motor vehicle operated either on the public right-of-way or private property.
[Ord. No. 958 § 2, 2-18-1985]
A.
It shall be unlawful for any person to cause noise levels from the
operation of motor vehicles in excess of eighty (80) dB(A) in any
area within the corporate limits of the Town at any time of the day,
and regardless of the specified speed limit up to a thirty-five (35)
mph zone. Such noise level limit of eighty (80) dB(A) shall be based
on distance of not less than fifteen (15) feet [four and fifty-seven
hundredths (4.57) meters] from the noise source.
B.
No person shall operate a motor vehicle which causes excessive noise
levels as a result of a defective or modified exhaust system, or as
a result of an unnecessary rapid acceleration, deceleration, engine
revving or tire squealing.
[Ord. No. 958 § 3, 2-18-1985]
Any person, firm or corporation violating any provision of this
Article shall be fined not less than five dollars ($5.00) nor more
than five hundred dollars ($500.00) for each offense, and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 1034 § 1, 8-2-1999]
As used in this Article, the following terms shall have the
meanings indicated:
- COMMERCIAL AREA
- A district that has been assigned a zoning designation as such.
- CONSTRUCTION
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, buildings, utilities or similar property.
- CONTINUED DURATION
- Fifteen (15) or more minutes.
- EMERGENCY
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
- FREQUENTLY
- One (1) or more times every thirty-minute period for at least four (4) out of five (5) successive periods.
- MOTOR VEHICLE
- Every vehicle which operates on land, other than a motorcycle.
- MOTORBOAT
- Any vessel which operates in or on water, propelled by machinery, whether or not such machinery is the principal source of propulsion. Such a vessel would include, but is not limited to, boats, barges, amphibious craft, water ski towing devices and hovercraft.
- MOTORCYCLE
- Every motor vehicle designed to travel on not more than three (3) wheels in contact with the ground, except any such vehicle as may be included within the term "tractor" as a piece of farm machinery.
- MUFFLER or SOUND DISSIPATIVE DEVICE
- A device for abating the sound of escaping gases of an internal combustion engine, or for abating sound transmitted in a duct, chase, pipe or other opening.
- NOISE
- Any sound which annoys or disturbs a reasonable human being or which causes or tends to cause an adverse psychological or physiological effect on humans.
- NOISE DISTURBANCE
- Any sound which:
- PERSON
- Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State.
- POWERED MODEL VEHICLE
- Any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property, buildings or structures thereon which are owned or controlled by a governmental entity.
- REAL PROPERTY BOUNDARY
- An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person, but not including intra-building real property divisions.
- RESIDENTIAL AREA
- A district that has been assigned a zoning designation for residential living.
- SOUND
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium, and is the objective cause of hearing. The description of sound may include any characteristic of such sound, including duration, level and frequency.
- WEEKDAY
- Any day Monday through Friday which is not a legal holiday.
[Ord. No. 1034 § 2, 8-2-1999]
A.
No person shall make, continue, or cause to be made or continued,
any noise disturbance. Non-commercial public speaking and public assembly
activities conducted on any public space or public right-of-way shall
be exempt from the operation of this Section. The following acts,
among others not herein listed, and the causing thereof, are declared
to be in violation of this Article, but said enumeration shall not
be deemed to be exclusive, namely:
1.
Operating, playing or permitting the operation or playing of
any radio, boombox, television, phonograph, drum, musical instrument,
sound amplifier, or similar device which produces, reproduces, or
amplifies sound:
a.
Between the hours of 11:00 P.M. and 6:00 A.M. the following
date in such a manner as to create a noise disturbance across a real
property boundary (except for activities open to the public and for
which a permit or license has been issued by the Town of Carrollton).
b.
In such a manner as to create a noise disturbance at fifty (50)
feet [fifteen (15) meters] from such device, when operated in or on
a motor vehicle on a public right-of-way or public space, or in a
boat on public waters.
c.
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
2.
Using or operating loudspeakers/public address systems as follows:
a.
For any non-commercial purpose, any loudspeaker, public address
system, or similar device between the hours of 11:00 P.M. and 6:00
A.M. the following date, such that the sound therefrom creates a noise
disturbance across a residential real property boundary.
3.
Offering for sale anything by shouting or outcry within any
residential or commercial area of the Town except between the hours
of 8:00 A.M. and 6:00 P.M.
4.
Owning, possessing or harboring any animal or bird which frequently
or for continued duration howls, barks, meows, squawks, or makes other
sounds which create a noise disturbance across a residential real
property boundary.
5.
Operating or permitting the operation of any tools or equipment
used in construction, drilling, or demolition work:
a.
Between the hours of 11:00 P.M. and 6:00 A.M. the following
day, seven (7) days a week, such that the sound therefrom creates
a noise disturbance across a residential real property boundary, except
for emergency work of public service utilities.
6.
Repairing, rebuilding, modifying, or testing any motor vehicle,
motorcycle, or motorboat in such manner as to cause a noise disturbance
across a residential real property boundary, except those at a licensed
motor repair shop between the hours of 8:00 A.M. and 6:00 P.M. the
same day.
7.
Operating or permitting the operation of powered model vehicles
so as to create a noise disturbance across a residential real property
boundary or in a public space between the hours of 11:00 P.M. and
6:00 A.M. the following day.
8.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar
device used out doors in residential areas between the hours of 11:00
P.M. and 6:00 A.M. the following day so as to cause a noise disturbance
across a residential real property boundary.
[Ord. No. 1034 § 3, 8-2-1999]
Any person violating any of the provisions of this Article shall
be deemed guilty of an ordinance violation and upon conviction thereof
may be fined in an amount not exceeding five hundred dollars ($500.00)
or be imprisoned for a period not exceeding six (6) months or be so
fined and imprisoned. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
[Ord. No. 1034 § 4, 8-2-1999]
Violations of this Article shall be prosecuted in the same manner
as other violations to the Town's ordinances.
