It shall be the intent of the town to minimize exposure of citizens to the psychological and physiological harm of excessive noise and to protect, promote, and preserve the public peace, health, comfort, convenience, safety, and welfare. It is the intent of the town to control noise in a manner that promotes commerce, protects the sleep and repose of citizens, promotes the use, value, and enjoyment of property, and preserves the quality of the environment.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.301)
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. All technical terminology not defined in this article shall be interpreted in conformance with applicable American National Standards Institute noise specifications.
A-weighted sound pressure level.
The sound pressure level in decibels as measured on a sound level meter using the A-weighing network. The level so read shall be designed dBA.
Ambient sound level.
The sound level of the all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources. It is also the A-weighted sound level exceeded 90 percent of the time, based on a measurement period that shall not be less than ten minutes or more than 30.
Decibel.
A logarithmic unit of measure used in describing the amplitude of sound, denoted as dB.
Device.
Any mechanism that is intended to produce, or which actually produces, noise when operated or handled.
Director.
The director of planning and environmental services for the town.
Emergency work.
Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent danger.
Motor vehicle.
Any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semitrailer, camper, motorcycle, minibike, go-cart, dune buggy, or racing vehicle.
Muffler.
Any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a significant reduction in sound emission.
Noise.
Any sound that is unwanted or which causes, or tends to cause, an adverse psychological effect on human beings.
Percentile sound pressure level.
(1) 
Ninetieth percentile level.
The A-weighted sound pressure level that is exceeded 90 percent of the time in any measurement period (such as the level that is exceeded for nine minutes in a ten-minute period).
(2) 
Tenth percentile level.
The A-weighted sound pressure level that is exceeded ten percent of the time in any measurement period (such as the level that is exceeded for one minute in a ten-minute period).
Person.
Any individual, firm, association, partnership, corporation, or any other entity, public or private.
Property boundary.
An imaginary line at the ground surface and its vertical extension that separates the real property owned or occupied by one person from that owned or occupied by another person.
Sound.
A temporal or spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium and which propagates at finite speed to distant points.
Sound level.
The weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in the American National Standards Institute specifications. The sound pressure level of a sound expressed in decibels is 20 times the logarithm to the base ten of the ratio of the pressure of the sound to the reference sound pressure of 20 micropascals. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter.
An instrument, which includes a microphone, amplifier, RMS detector and integrator, time averager, output meter, and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calculated with an acoustical calibrator accurate to 1 dB and is type I or type II as specified in ANSI S1.4-1971, or the latest approved revision thereof.
Use district.
Those zoning districts established by the town’s zoning ordinance.
Vibration.
A temporal and spatial oscillation or displacement, velocity, or acceleration in a solid material.
Vibration perception threshold.
The minimum ground- or structure-borne vibrational motion necessary to cause a 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.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.302)
Sound level measurements shall be made with a sound level meter, type II or better, using the A-weighting network in accordance and conforming to the noise measurement standards promulgated by the American National Standards Institute.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.303)
(a) 
It shall be a violation of this article for any person to operate or to permit to be operated any stationary sources of sound that create a 10th percentile level (L10) or a 90th percentile sound level (L90) that exceeds the limits set forth in the following table for the receiving land use district when measured five feet above the property boundary. For the purpose of this article a measurement period shall not be less than ten minutes nor more than sixty minutes.
LIMITING SOUND LEVELS IN dBA
Land Use District
Tenth Percentile (L10)
Ambient or Ninetieth Percentile (L90)
Residential
 
 
7:00 a.m. - 10:00 p.m.
65
55
10:00 p.m. - 7:00 a.m.
60
50
Commercial/agricultural
 
 
7:00 a.m. - 10:00 p.m.
72
62
10:00 p.m. - 7:00 a.m.
67
57
Industrial
 
 
7:00 a.m. - 10:00 p.m.
85
75
10:00 p.m. - 7:00 a.m.
85
75
(b) 
It shall also be a violation of this article if the noise standards of subsection (a) of this section, plus 20 decibels, are exceeded at any time in a measurement period. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.304)
The following specific noises shall be prohibited:
(1) 
Owning, keeping, possessing, or harboring any animal or fowl that, by frequent or habitual noisemaking, unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities. The provisions of this subsection shall apply to all public and private facilities, including any animal shelter or commercial kennel, that holds or treats animals.
(2) 
Operating or permitting to be operated any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or [of noise] which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(3) 
Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted upon any street, alley, sidewalk, park, place, or public property or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(4) 
The use of any automobile, motorcycle, streetcar, bus, or vehicle so out of repair or so loaded, which emits or makes loud and raucous noise. Operating or causing to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe and resonator where the original vehicle design included a tailpipe and resonator. Operating a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason. The sounding of any horn or signal device on any motor vehicle, except as a danger signal, as required by law. Operating or causing to be operated any motor vehicle which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(5) 
The shouting and crying of peddlers, hawkers, and vendors which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(6) 
Operating or permitting to be operated any equipment used in commercial construction, blasting, and repair, alteration, or demolition work on buildings, structures, streets, alleys, or appurtenances measured on the property line of the receiving land use, or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(7) 
Operating or permitting to be operated any power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day (or 9:00 a.m. on Sundays), or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(8) 
Using or causing the use of any device that creates vibration which is above the perception of any individual 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 right-of-way.
(9) 
The international sounding or permitting the sounding outdoors of any fire, burglar, or civil defense siren, alarm, whistle, or similar stationary emergency signaling device for more than five minutes during any consecutive 60-minute period.
(10) 
The mechanical cleaning or sweeping of paved areas.
(11) 
Sound amplification on vehicles.
(A) 
No person shall cause, permit, or allow the operation of any radio, tape player, cassette player, compact disc player, digital video player or any machine or device for reproducing sound from or near a motor vehicle, other than an authorized emergency vehicle, so that the sound can be heard at a radius distance of 50 feet or more from the vehicle.
(B) 
In the prosecution of an offense under this section, it shall be presumed that the following persons are causing, permitting or allowing the operation of the sound amplification system:
(i) 
Any operator or owner of the vehicle present at the time of the offense;
(ii) 
An owner or tenant of the property present at the time of the offense; and
(iii) 
An absent owner or tenant who has not taken reasonable and prudent steps to prevent violations of this article on the property upon which the violation occurred by doing at least three of the following actions:
a. 
Posting clearly visible signs and/or placards;
b. 
Providing written instructions to individuals using the property;
c. 
Filing noise complaints against offenders; or
d. 
Installing noise abatement equipment and/or structures.
(C) 
If no owner or operator of any vehicle emitting sound in violation of this section is present at the time of the offense, and the vehicle is not located on residential property, the vehicle may be towed or removed from the premises and impounded.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.305)
The following activities or sources are exempt:
(1) 
The operation of properly maintained residential-type air conditioning, ventilating, or heating devices (if within sound levels specified by the manufacturer or similar to sound levels produced by equivalent, adjacent devices).
(2) 
Sound caused in the performance of emergency or public service work, including public utility operations, acting to protect the health, safety, or welfare of the community.
(3) 
The unamplified human voice in the normal course of residential activities, such as children playing, etc.
(4) 
Railway locomotives and cars.
(5) 
Aircraft operations.
(6) 
Houses of worship bells or chimes.
(7) 
The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(8) 
Occasional outdoor gatherings, public dances, parades, shows, and sporting and entertainment events, provided that the events are conducted pursuant to a permit or license issued by the town relative to the staging of the events.
(9) 
The use of lawn maintenance equipment between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(10) 
Repair of a personal use vehicle between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(11) 
Home repair of a place of residence between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(12) 
Loading and unloading operations that impact residential areas, between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.307)
The town’s building inspection department shall have primary responsibility for the provisions of this article.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.308)
In order to implement and enforce this article, and for the general purpose of noise and vibration abatement and control, the duly appointed and authorized representative of the department of building inspection under the direct supervision of the building official shall have the power to make necessary inspections and tests with proper authorization or permission from the owner on any private or public property or place reasonably suspected of violating any provision of this article.
(Ordinance 13-10 adopted 3/25/13; 2006 Code, sec. 8.309)