[HISTORY: Adopted by the City Council of the City of Lewes 5-12-1980; amended in its entirety 5-14-2018[1]. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Amusement parks — See Ch. 56.
Building code — See Ch. 70.
Vehicles and traffic — See Ch. 183.
Zoning — See Ch. 197.
[1]
Editor's Note: This ordinance also included general references to §§ 56-12B(6), 70-15C(3), 183-70, 197-11B(2), 197-45D(4). 197-66B. 197 93B(4), 197-96D. 197-102D(2). and 197-110C of this Code, and to 7 Del. C. Ch. 71, Noise Control and Abatement, and 7 Del. Admin. Code 1149, Regulations Governing the Control of Noise.
It is hereby declared to be the policy of the City Council to
prevent any noise disturbance.
For the purposes of this chapter, the terms used herein are
defined as follows:
Any sound which:
Endangers or injures the safety or health of humans or animals;
or
Annoys or disturbs a reasonable person of normal sensitivities;
or
Jeopardizes the value of property and erodes the integrity of
the environment; or
Causes or tends to cause an adverse psychological or physiological
effect on humans, excluding all aspects of noise regulated by the
Federal Occupational Safety and Health Act.
[Added 4-8-2024]
Any individual or organization.
Any device for the amplification of sounds.
That which is not required by emergency services or permitted
construction activities.
In addition to any noise that would annoy or disturb a reasonable
person of normal sensitivities, as determined by a police officer,
the following acts by any person are declared to create an illegal
noise disturbance, but any enumeration herein shall not be deemed
to be exclusive:
B.
The operation of any sound device or the use of any musical instrument
in such a manner or with such volume as to disturb the quiet, comfort
or repose of persons in any dwelling, hotel, motel or other type of
residence with its doors and windows closed.
C.
The keeping of any animal or bird which, by causing frequent or long-continued
noise, shall disturb the repose of any individual in the vicinity.
D.
The use of any motor vehicle so out of repair, so loaded or in such
manner as to create loud and unnecessary noise.
E.
The discharge of the exhaust of any engine, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
F.
The creation of any unnecessary noise on any street near any school,
library, or hospital, which interferes with the workings of such institutions,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, library or hospital.
G.
The creation of unnecessary noise in connection with the loading
or unloading of any vehicle or container or the opening and the destruction
of bales, boxes, crates and containers.
H.
The shouting and crying of peddlers, hawkers, or vendors which disturbs
the peace and quiet of the neighborhood.
I.
The use of any drum, loudspeakers or other device for the purpose
of attracting attention to any sale or display of merchandise by the
creation of noise.
J.
The sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle, except as a warning signal pursuant
to provisions of law.
K.
The use of any sound device in or attached to a building in such
a manner that the device shall cause its sound to be projected directly
outside of the building.
L.
The operation of any mechanical device in such a manner as to create
any unnecessary noise which shall disturb a reasonable individual
in the vicinity.
M.
The use of sound devices in, on, near or adjacent to any public street,
park or place for commercial or business advertising purposes.
A.
Notwithstanding
anything in this chapter to the contrary, any person intending to
hold any public or private event within Lewes that may not comply
with the noise restrictions of this chapter shall apply to the City
Manager for a noise permit at least 21 calendar days prior to the
date of the event. Permit applications from commercial entities are
disfavored.
B.
The City
Manager will determine whether noise associated with the event, while
not in compliance with the noise restrictions of this chapter, is
likely to be within an acceptable range, in consideration of:
(1)
The
number of people who may attend the event.
(2)
The
proximity of the event to people not attending it.
(3)
The
duration of the event.
(4)
The
time of the event. The City Manager shall not issue a noise permit
for any noise to occur between the hours of 10:00 p.m. and 8:00 a.m.
(5)
The
frequency of applications for similar events for the same venue.
(6)
The
character and volume of the noise expected to emanate from the event.
(7)
The
amplification equipment to be used, if any.
(8)
Whether
the event is organized by a Lewes citizen or resident, organization,
or business.
(9)
Other
considerations inherent to the proposed event.
(10)
The
applicant's acknowledgement that they have notified their immediate
neighbors.
C.
The City
Manager may grant or deny the noise permit application, may limit
the time period during which the event may take place, and may place
reasonable conditions on the issuance of the permit so that the noise
associated with the event will be within an acceptable range. The
applicant may appeal a denial or limitation to the City Council if
time permits. Alternatively, the City Manager may refer the application
to the Mayor and City Council. The Mayor and City Council may grant
or deny the application, may limit the time during which the event
may take place, and may place reasonable conditions on the issuance
of the permit so that the noise associated with the event will be
within an acceptable range.
D.
Violation
of the terms of a permit may result in mandatory and immediate cessation
of the event, in addition to other legal remedies under this chapter.
[Added 4-8-2024[1]]
A.
Restaurants, brewpubs, and microbreweries, with patios, decks or
porches, covered, uncovered, raised or at grade, may apply to the
City Manager for a permit to play outdoor prerecorded music. The following
conditions are required for a permit to be issued. Furthermore, all
requirements herein shall be continuously maintained throughout the
duration of the permit.
(1)
The outdoor recorded music does not create a noise disturbance.
(2)
Speakers must be no larger than 10 inches in width by 10 inches
in height.
(3)
Speakers must face directly toward the subject business establishment.
(4)
Outdoor prerecorded music is only permitted between the hours
of 11:30 a.m. and 9:30 p.m.
(5)
Outdoor prerecorded music permitted hereunder shall not exceed
65 decibels at the property line of the property on which the noise
source is located.
B.
An application under this section shall be in writing to the City
Manager, accompanied by a fee payable to the City in the amount of
$150, and contain the following information attested to by the signature
of the applicant:
(1)
The name, address, phone number and email contact information
of the applicant, and the address of the property being applied for;
(2)
That the applicant has an ownership interest in, or is a lessee
of, the property being applied for;
(a)
If the applicant does not have an ownership interest in the
property being applied for, an owner of the real property associated
with the application must consent to the filing of the application.
(3)
That the applicant consents to physical inspection by the City of the exterior of the business establishment to confirm all application information, and to confirm all requirements under Subsection A are satisfied. Such inspection shall include a decibel level reading of outdoor prerecorded music permitted under this section. Inspections shall be performed at an agreed-upon time, subsequent to the issuance of a permit pursuant to this section. Furthermore, that the applicant consents to all future such inspections to confirm all requirements herein are continuously maintained throughout the duration of the permit. Nonresponse to or refusal of an inspection shall be grounds for the suspension of a permit under this section.
(4)
That the applicant acknowledges that there is no right to receiving
or maintaining a permit under this section. All privileges acquired
under this section are revocable at any time.
C.
Upon verifying the completeness and accuracy of the application,
the City Manager may grant the application.
D.
Notwithstanding the provisions of § 132-7, any permit issued pursuant to this section shall be subject to written warning, or suspension, or revocation by the City Manager by reason of a violation of any provision of this chapter.
E.
The City Manager may suspend a permit for community or special events
or emergency situations. The length of the suspension will be for
a duration as determined necessary by the City Manager.
F.
Any permit holder may appeal the decision of the City Manager to
deny issuance, suspend, or revoke a permit to the Mayor and City Council.
The applicant shall have 10 business days to appeal, in writing, to
the Mayor and City Council.
G.
Any fraud, material misrepresentations, or false statements contained
in the attestations, required documentation, correlating application
materials, or other communication to the City in order to induce or
prevent official action by the City, not limited to the permit under
this section, shall be grounds for immediate revocation of the permit.
H.
A permit issued under this section shall not be transferable.
I.
This section will cease to have effect, and any permit granted hereunder
shall expire, on June 1, 2027, unless a subsequent act of City Council
expressly extends the duration of this section.
[1]
Editor's Note: This ordinance provided that it shall take
effect 6-1-2024.
[Amended 8-13-2018
A.
No construction that creates a noise disturbance shall be carried
on between the hours of 7:00 p.m. and 7:00 a.m. of the following morning.
No construction that creates a noise disturbance shall take place
on any Saturday, Sunday or the following State of Delaware holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day; provided, however, that construction shall
be permitted on Saturdays (except where a Saturday falls on a holiday)
between the hours of 9:00 a.m. and 5:00 p.m., from October 1 to April
30; further provided, however, that nothing contained herein shall
prevent any homeowner from personally performing construction work
within the homeowner's property boundaries, so long as all necessary
permits have been obtained and any fees therefor have been paid.
The provisions of this chapter shall not apply to:
A.
Emergency
construction necessary to dispel an unexpected and immediate threat
to people or property.
B.
Audible
signal devices which are employed as warning or alarm signals of fire,
collision, or imminent danger.
C.
Municipally
sponsored celebrations or events.
D.
Use of
unamplified bells or chimes by places of worship.
E.
City activities
and duties.
F.
Road and
public utility maintenance.
G.
Activities
of any public school conducted on the school premises that are inherent
to, and traditionally associated with, the operation of a public school.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this chapter continues shall
deemed and taken to be a separate and distinct violation.
