[HISTORY: Adopted by the Board of Trustees of the Village of Newark 8-15-1989
by L.L. No. 2-1989. Amendments noted where applicable.]
This chapter may be cited as the "Noise Control Law of the Village of
Newark, Wayne County."
A.
Whereas excessive sound is a serious hazard to the public
health and welfare, safety and the quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may be substantially
abated; and whereas the people have a right to and should be ensured an environment
free from excessive sound that may jeopardize its health or welfare or safety
or degrade the quality of life; and now, therefore, it is the policy of the
Village of Newark to prevent excessive sound that may jeopardize the health
and welfare or safety of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of all sound
originating within the limits of the Village of Newark.
[Amended 9-15-1998 by L.L. No. 5-1998]
For the purpose of this chapter, the terms used herein are defined as
follows:
Capable of being heard by a person of average hearing ability.
A unit for measuring the volume of sound, equal to 1/10 of a bel,
and a unit of a level when the base of a logarithm is the 10th root of 10
and the quantities concerned are proportioned to power.
To perceive sound.
An unenclosed motor vehicle having a saddle for the use of the operator
and two or three wheels in contact with the ground, including but not limited
to motor scooters and minibikes.
Every vehicle which is self-propelled.
Any sound that:
Endangers or injures the safety or health of humans or animals.
Is not required by the usual circumstances.
Is excessive or unusually loud or any sound that either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of a reasonable
person of normal sensitivities, or which unreasonably interferes with the
sleep, comfort or repose of others, or which causes disturbance or injury
to animal life, or which causes damage to property or business.
Any natural person, partnership, association, corporation
or other legal entity.
[Amended 4-21-1998 by L.L. No. 1-1998; 9-15-1998
by L.L. No. 5-1998]
A.
No person shall make, continue or cause or permit to
be made verbally or mechanically any noise disturbance. Noncommercial 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.
B.
Standards to be considered in determining whether a noise
disturbance exists in a given situation include but are not limited to the
following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is usual or unusual.
(5)
The volume and intensity of the background noise, if
any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The time of the day or night the noise occurs.
(8)
The time duration of the noise.
(9)
Whether the sound source is temporary.
(10)
Whether the noise is continuous or impulsive in character,
such as hammer blows, gunshots, etc.
(11)
The cause or reason for the noise.
C.
The following acts, and the causing thereof, are declared
to be in violation of this chapter:
(1)
Sound-reproduction systems:
(a)
Operating, playing or permitting the operation or playing
of any radio, television, compact disc player, tape recorder, phonograph or
similar device which reproduces or amplifies sound:
[1]
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to be audible across two real property boundaries.
[2]
From within a motor vehicle so that the sound is plainly
audible at a distance of 50 or more feet from the vehicle or, in the case
of a motor vehicle or motorcycle on private property, beyond the property
line. For the purpose of this subsection, "plainly audible" means any sound
which clearly can be heard, by unimpaired auditory senses based on a direct
line of sight of 50 or more feet, however, words or phrases need not be discernable
and said sound shall include bass reverberation. Prohibitions contained in
this section shall not be applicable to emergency or public safety vehicles,
vehicles owned and operated by the village government or any utility company,
for sound emitted unavoidably during job-related operation, or any motor vehicle
used in an authorized public activity for which a permit has been granted
by the appropriate agency of the village government.
(2)
Sound-production systems. Operating, playing or permitting
the operation or playing of any drum, musical instrument, sound amplifier
or similar device that produces sound as to exceed 80 decibels measured at
a residential property boundary.
(3)
Loudspeakers, public-address systems:
(a)
Using or operating for any noncommercial purpose any
loudspeaker, public-address system or similar device between the hours of
10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom
creates a noise disturbance across a residential real property boundary.
(b)
Using or operating for any commercial purpose any loudspeaker,
public-address system or similar device in such a manner as to be audible
across any real property boundary.
(4)
Animals and fowl. No person shall keep or maintain, or
permit the keeping of, upon any premises owned, occupied or controlled by
such person any animal or fowl otherwise permitted to be kept which, by any
sound, cry or behavior, shall cause annoyance or discomfort to a reasonable
person of normal sensitivities in any residential neighborhood as to exceed
a maximum sound level of 80 decibels on a residential or commercial real property
boundary or a public right-of-way in such a way as to create a noise disturbance
across any real property boundary.
(5)
Street sales. Offering for sale or selling anything by
shouting or outcry within any residential or commercial area of the village
except between the hours of 8:00 a.m. and 8:00 p.m.
(6)
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials or similar
objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in
such a manner as to cause a noise disturbance across a residential property
boundary.
(7)
Motor vehicle repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle or motorcycle or motorboat in such
a manner as to cause a noise disturbance across a residential property boundary.
(8)
Construction. Operating or permitting the operation of
any tools or equipment used in construction, drilling or demolition work between
the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound
therefrom creates a noise disturbance across a residential property boundary,
except for emergency work of public service utilities.
(9)
Places of public entertainment
(a)
Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces or amplifies sound in any place
of public entertainment as to produce a maximum sound level of 80 decibels
on a residential property boundary.
(b)
The operating or permitting to be operated of any loudspeaker
or other source of sound in any place of public entertainment which produces
maximum sound pressure levels of 100 decibels at any point that is normally
occupied by a customer as read with the slow response on a sound-level meter,
without a conspicuous and legible sign located outside such place, at the
entrance, stating "Warning! Sound levels within may cause permanent hearing
impairment."
(10)
Burglar alarms. Sounding or permitting the sounding of
any exterior burglar alarm on any building or motor vehicle, unless such burglar
alarm shall terminate its operation within 15 minutes of its being activated.
Any vehicle upon which a burglar alarm has been installed shall prominently
display the telephone number at which communication may be made with the owner
of such motor vehicle.
(11)
Refuse-compacting vehicles. The operating or permitting
to be operated of any motor vehicle which can compact refuse between the hours
of 8:00 p.m. and 6:00 a.m. the following day in residential areas.
A.
Nothing contained in this chapter shall be construed
to prevent the production of music, the ringing of bells or carillons, sounding
of gongs or blowing of any whistle, horn or signaling devices in connection
with any military, civic or authorized parade, funeral procession or religious
ceremony, nor to prevent any musical performance conducted by consent of the
Village Board.
B.
The provisions of this chapter shall not apply to the
sounding of bells, horns, sirens or any other instrument by a fire apparatus
or station, police or any other vehicle or person in the event of an emergency
situation.
C.
The provisions of this chapter shall not apply to the
creation of sounds by public utilities in carrying out the operation of their
franchises, including required emergency repairs.
D.
The provisions of this chapter shall not apply to the
creation of sounds connected with sporting events of any public or private
school.
E.
The provisions of this chapter shall not apply to the
creation of sounds connected with an authorized carnival, fair, exhibition,
parade, etc., allowed by permit of the Board of Trustees, which permit shall
specify the dates and times during which such event is authorized.
The Village Board is hereby authorized, by resolution, to suspend any
of the provisions of this chapter in connection with any holiday celebration,
or upon any occasion of special public interest, for such time and upon such
conditions as shall be prescribed by the Village Board.
[Amended 4-21-1998 by L.L. No. 1-1998]
Any person convicted of a violation of this chapter shall, upon conviction
thereof, be punished by a maximum fine of $250 or by imprisonment for not
more than 15 days, or by both such fine and imprisonment.
