[Rev. Ords. 1989, § 12-46; Ord.
of 6-20-1990; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-46]
(a)
With the exception of sound levels elsewhere specifically authorized
or allowed in this chapter, the following are the maximum permissible
sound levels allowed at or within the real property boundary of a
receiving land use:
|
Noise Table I
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|---|---|---|---|
|
Sound Levels by Receiving Land and Penalties for Violating Levels
| |||
|
Location of Receiving Land
|
Time
|
Sound Limit
(dBA)
|
Penalty
|
|
Category I:
Residential A Zone
Residential B Zone
Residential C Zone
Residential C/Mixed Use Zone
|
7:00 a.m. to 9:00 p.m.
|
65 dBA
|
Up to $200
|
|
9:00 p.m. to 7:00 a.m.
|
55 dBA
|
Up to $200
| |
|
Category II:
New Harbor Commercial Zone
Old Harbor Commercial Zone
Mixed Use Zone
Service Commercial Zone
|
7:00 a.m. to midnight
|
70 dBA
|
Up to $500
|
|
midnight to 7:00 a.m.
|
65 dBA
|
Up to $500
| |
|
Category III:
Beaches
Public Waters
|
7:00 a.m. to 9:00 p.m.
|
65 dBA
|
Up to $200
|
|
9:00 p.m. to 7:00 a.m.
|
55 dBA
|
Up to $200
| |
|
Category IV:
Special Event
|
Day time special events shall be exempt from the sound limits
(dBA) until December 31, 2005
| ||
(b)
Notwithstanding any other provisions of this chapter, any business with a liquor license which is cited for a noise disturbance is subject to the penalty for a violation in a "Category II" property as set out in table I as set forth in subsection (a) of this section.
(c)
Correction for character of sound. For any source of sound which
emits a pure tone, the maximum sound level limits set forth hereinabove
shall be reduced five dBA.
[Rev. Ords. 1989, § 12-47; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-47]
(a)
No person shall operate or permit the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device except for emergency purposes or for testing as provided in subsection (b) of this section.
(b)
Testing of a stationary emergency signaling device shall occur at
the same time of day each time the test is performed, but not before
8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum
cycle test time. In no case shall the test time exceed 60 seconds.
[Rev. Ords. 1989, § 12-48; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-48]
(a)
Sales by hawking or barking. No person shall create a noise disturbance
by offering for sale or selling anything by shouting or outcry across
a real property boundary or in a noise sensitive area.
(b)
Vehicle or motorboat repairs or testing. No person shall repair,
rebuild, modify or test any motor vehicle, motorcycle or motorboat
in such a manner as to cause a noise disturbance across a real property
boundary or within a noise sensitive area.
(c)
Powered model vehicles. No person shall operate or permit the operation
of powered model vehicles in a public or private space out of doors
or within a noise sensitive area between the hours of 9:00 p.m. and
7:00 a.m. the following day.
[Rev. Ords. 1989, § 12-49; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-49]
No person shall operate, play or permit the operation or playing
of any drum, musical instrument, radio, tape player, compact disc,
television or similar device, or any combination of the same, which
produces, reproduces or amplifies sound:
(1)
In such a manner as to create a noise disturbance across a real property
boundary or within a noise sensitive area;
(2)
In such a manner as to create a noise disturbance at 50 feet from
such device, when operated in or on a motor vehicle on a public right-of-way
or space, or in a boat or personal watercraft on public waters;
(3)
In such a manner as to create a noise disturbance, a distance of
50 feet from such device, to any person other than the operator of
the device when operated by any person on either a common carrier,
public beach, park, playground or other public recreational area.
[Rev. Ords. 1989, § 12-50; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-50]
Except for activities for which a special event license or an
outdoor entertainment license has been issued by the town, no person
shall so operate, play or permit the operation or playing of any radio,
television, phonograph or other sound-amplifying equipment so as to
create a noise disturbance across a real property boundary.
[Rev. Ords. 1989, § 12-51; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-51]
(a)
No person shall operate the engine providing motive power or any
auxiliary engine of a motor vehicle with a manufacturer's gross
vehicle weight rating of 10,000 pounds or more for a consecutive period
longer than 20 minutes while such vehicle is standing and located
within 150 feet of property zoned and used for residential purposes,
except where such vehicle is standing within a completely enclosed
structure. This section shall not apply to delivery or pickup vehicles
that require the operation of the engine to unload or load their vending
loads.
(b)
No person shall operate within the speed limits specified in this section either a motor vehicle or a combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration or deceleration in such manner as to exceed the noise limits listed in table II for the category of motor vehicle based on the legal speed limit, posted or not, of the road or way on which operated. Such noise shall be measured at a distance of no more than 50 feet from the centerline of travel under test procedures established by subsection (c) of this section. In the event the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.
|
Noise Table II
| ||
|---|---|---|
|
Noise Limit in Relation to Legal Speed Limit
| ||
|
Type of Vehicle
|
35 mph or Less
|
Over 35 mph
|
|
Any motor vehicle with a manufacturer's gross vehicle weight
rating of 10,000 pounds or more and any combination of vehicles towed
by such motor vehicle
|
88 dB(A)
|
92 dB(A)
|
|
Any motorcycle
|
82 dB(A)
|
86 dB(A)
|
|
Any other motor vehicle and any combination of motor vehicles
towed by such motor vehicle
|
76 dB(A)
|
82 dB(A)
|
|
This section applies to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this Revision relating to motor
vehicle muffler or noise control.
|
(c)
The measurement of sound or noise shall be made with a sound level
meter meeting standards prescribed by the American National Standards
Institute or its successor body. The instrument shall be maintained
in calibration and 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 a proper representation of
the noise source. The microphone during measurement shall be positioned
so as not to create any unnatural enhancement or diminution of the
measured noise. A windscreen for the microphone shall be used when
required. Traffic, aircraft and other transportation noise sources
and other background noise interferes with the primary noise being
measured.
(d)
Every motor vehicle and motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels in table II in subsection (b) of this section. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.
(e)
No person shall modify the exhaust system of a motor vehicle or motorcycle
by installation of a muffler or bypass and no person shall operate
a motor vehicle or motorcycle which has been so modified.
(f)
No person shall operate an off-road recreational vehicle or permit
the operation of one or more off-road recreational vehicles, individually
or in a group or in an organized racing event, on public or private
property in such a manner as to create a noise disturbance across
a real property boundary or in a noise sensitive area.
(g)
No person shall sound any horn or other auditory signaling device
on or in any motor vehicle on any public right-of-way or public space,
except as a warning of danger or as provided in the vehicle code.
(h)
No person shall sound any horn or other auditory signaling device
so as to create or cause a noise disturbance.
(i)
No person shall operate or permit the operation of any motor boat
or other watercraft in any pond, harbor, ocean or other waterway in
such a manner so as to cause a noise disturbance and/or as to exceed
a sound level of 65 dBA at 150 feet or the nearest shoreline, whichever
is less.
[Rev. Ords. 1989, § 12-52; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-52]
(a)
No person shall operate or permit the operation of any tools or equipment
in construction, drilling or demolition work, or in preventive maintenance
work for public service utilities, which creates a noise disturbance
across a residential real property boundary or within a noise sensitive
area.
(b)
The terms of this section shall not apply to emergency work or repair
work performed by and for governmental entities or public service
utilities.
[Rev. Ords. 1989, § 12-53; Ord.
of 3-18-1992; Ord. of 4-6-2005(3), § 12-53]
(a)
No person shall operate or permit the sounding of any stationary
bell, chime, siren, whistle or similar device, intended primarily
for nonemergency purposes, from any place for more than one minute
in any hourly period.
(b)
Devices used in conjunction with places of religious worship shall
be exempt from the operation of this section.
No person shall own, possess, or harbor any animal or bird which frequently or for a continued duration emits sound native to the species which exceed the dBA levels in table I in § 12-46(a).
[Ord. of 3-18-1992, § 12-55; Ord. of 10-20-1993; Ord. of 4-6-2005(3), § 12-55]
Outdoor entertainment or amplification of sound of a commercial nature is prohibited except when licensed under the provisions of chapter 8.
[Ord. of 3-18-1992, § 12-56; Ord. of 4-6-2005(3), § 12-56]
(a)
The violation of any provision of this chapter shall carry a penalty as provided by the general laws of the state and § 1-15.
(b)
Each such act which constitutes a violation of any provision of this
chapter which either continues or is repeated more than 30 minutes
shall be considered a separate offense and shall be prosecuted as
a separate offense.
