Town of Middletown, DE Noise

Endangers or injures the safety or health of humans or animals.

Annoys or disturbs a reasonable person of normal sensibilities.

Jeopardizes the value of property and erodes the integrity of the environment.

Is in excess of the allowable noise levels established in § 100-5.

NOISE, PLAINLY AUDIBLE

Any noise for which the information content of that noise is unambiguously communicated to the listener, such as but not limited to understandable spoken speech or comprehensible musical rhythms.

POWERED MODEL VEHICLES

Any powered vehicles, either airborne, waterborne or landborne, which are designed not to carry persons or property, such as but not limited to model airplanes, boats, cars, rockets, which can be propelled by mechanical means.

PROPERTY BOUNDARY

An imaginary line which separates the real property owned or possessed by one person or governmental entity from that owned or possessed by another person or government entity.

PURE TONE

Any sound which can be distinctly heard as a single pitch or set of single pitches. For the purpose of this chapter, a "pure tone" shall exist if the 1/3 octave band sound-pressure level and the band with the tone exceeds the arithmetic average of the sound-pressure level of the two contiguous 1/3 octave bands by 15 dB for bands with center frequencies less than 160 Hz, eight dB for bands with center frequencies of 160 Hz to 400 Hz and by five dB for bands with center frequencies greater than 400 Hz.

SOUND

A temporal and 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.

WEEKDAY

Any Monday, Tuesday, Wednesday, Thursday or Friday which is not legally designated a holiday.

[1]

Editor's Note: See 21 Del. C. § 101 et seq.

§ 100-2 Noise disturbances prohibited.

General prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued noise disturbance within the Town.

Specific prohibitions. It shall be unlawful for any person to make, continue or cause to be made or continued any noise disturbances in the Town in any of the following manners:

Motor vehicles, horns and motor vehicle signaling devices.

It shall be unlawful for any person within any residential district to repair, rebuild, test, race or gun any motor vehicle between the hours of 9:00 p.m. and 8:00 a.m. of the following day in such a manner that would create a noise disturbance.

All vehicles operating within the boundaries of the Town must comply with the applicable state regulations pursuant to 7 Del. C. § 101 et seq.

(c)

All aircraft and railroads operating within the Town shall comply with all applicable federal and state noise restrictions.

Radios, television sets, phonographs and similar devices.

Operating or permitting the use or operation of any radio receiving set, musical instruments, television, phonograph, drum, speaker or loudspeaker or other device for the production or reproduction of sound in such a manner as to cause a noise disturbance.

Operating any such device, as listed in Subsection B(2)(a) of this section, between the hours of 9:00 p.m. and the following 8:00 a.m. in such a manner as to be:

[1]

Plainly audible across real property boundaries or through partitions common to two parties within a building; or

[2]

Plainly audible 50 feet from such device when operated within a motor vehicle on a public or private right-of-way or on a public or private space.

Animals. Owning, possessing, harboring or controlling any animal or bird which causes a noise disturbance by barking, baying, crying, squawking or by making any other noise continuously or incessantly for a period of 10 minutes or which makes such noises intermittently for 1/2 hour or more; provided, however, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or that no person other than the owner, controller or possessor of the animal was teasing or provoking the animal or bird at the time it made such noise. For purposes of this section, the term "animals and birds" shall not include livestock or poultry which are raised or kept as part of a farm operation which is actively devoted to the production for sale of plants and animals useful to people.

Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance within a residential district, except during an emergency.

(5)

Construction noise. Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto in the following manner:

With sound control devices that have been tampered with.

In violation of any regulation of the United States Environmental Protection Agency.

(c)

Between the hours of 9:00 p.m. and 7:00 a.m. the following day except for Sundays and legal holidays. On Sundays and legal holidays, work shall not being before 10:00 a.m.

[Amended 8-7-2017 by Ord. No. 17-07-01]

(6)

Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices as to cause a noise disturbance within a residential district or public right-of-way.

(7)

Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 9:00 p.m. and 7:00 a.m. the following morning. Maximum sound-pressure levels during the permitted period of operation shall conform to those set forth in § 100-5 and shall be measured at the property line of the source or at a distance of 100 feet if it is operated in a public place.

(8)

Refuse compacting vehicles. Operating or permitting to be operated any motor vehicle which can compact refuse and which creates, during the compacting cycle, a sound-pressure level in excess of 94 dB(A) when measured at 50 feet from any point of the vehicle or between the hours of 8:30 p.m. and 6:00 a.m. the following day in residential districts.

(9)

Yelling, shouting, hooting, whistling. Yelling, shouting, hooting, whistling or generally creating a racket on public streets between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to be plainly audible at the nearest property line or to a bystander or create a noise disturbance.

(10)

Power equipment. Operating or permitting to be operated any power saw, sander, drill, grinder, garden equipment or tools of a similar nature outdoors in residential districts between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance.

(11)

Stationary emergency signaling devices.

Testing of only the electrical mechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, but not before 8:00 a.m. or after 8:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed 10 seconds.

Testing of the complete emergency signaling system, including the electromechanical functioning of the signaling device and the personnel response to the signal, shall not occur more than once each calendar month. Such testing shall not occur before 8:00 a.m. or after 8:00 p.m. The ten-second time limit on the electromechanical functioning of the signaling device shall not apply to such system testing.

(c)

Stationary emergency signaling devices shall be used only for testing in compliance with applicable sections of this chapter and for emergency purposes where personnel and equipment are mobilized.

(d)

For the purpose of the enforcement of this section, noise levels shall be measured with a sound meter that meets or exceeds the requirements of American National Standards Institute specification for sound level meters (ANSI S1.4-1971), approved April 27, 1971, and issued by the American National Standards Institute, for Types I, II or S sound level meters. A sound level calibration instrument of the coupler type shall be used to calibrate the sound level meter in decibel units, and such instrument shall produce a calibration sound-pressure level.

(12)

Electronic insect- or bug-killing devices.

Operating or permitting the use or operation of any electronic insect- or bug-killing devices for the elimination, control or extermination of flying insects or bugs in such a manner as to create a noise disturbance.

Operating any such device, as listed in Subsection B(12)(a) of this section, between the hours of 10:00 p.m. and the following 7:00 a.m. in such a manner as to be plainly audible across real property boundaries.

§ 100-3 Enforcement and penalties.

Verbal order. Any person who violates any portion of this chapter shall receive a verbal order to cease or abate the noise immediately.

Fine. Any person who fails to comply with the order to cease or abate the noise or who does comply but then again violates the order within 96 hours shall be subject to the penalties provided in § 100-6.

Enforcement. This section shall be enforced by the Town Department of Public Safety.

§ 100-4 Exceptions and special waivers.

Exceptions. The following uses of an activity shall be exempt from noise level regulations:

Safety signals. Noise of safety signals and warning devices.

Authorized emergency vehicles. Noises resulting from any authorized vehicle, when responding to an emergency.

Municipal services. Noises resulting from the provision of municipal services.

Temporary activities. Any noise resulting from activities of a temporary duration permitted by law or for which a waiver has been granted by the Division of Development and Licensing of the Department of Public Works.

(5)

Certain unamplified human voices. The unamplified human voice and unamplified crowd noises resulting from activities such as those planned by day-care centers, schools, governmental and community groups, except as specified in § 100-2B(9).

(6)

Parades. Parades and public gatherings for which a special waiver has been issued.

(7)

Religious chimes, bells, carillons. Bells, chimes, carillons while being used for religious purposes or in conjunction with religious services or for national celebrations or public holidays and those bells, chimes, carillons that are installed and in use for any purpose.

(8)

Shooting activities at duly sanctioned shooting organizations. Shooting activity between the hours of 8:00 a.m. and 10:00 p.m. at the outdoor or partially enclosed shooting ranges of organizations which are affiliated with or recognized by the state or a national sport shooting organization.

Exemptions for time to comply. Upon good cause shown by the owner or responsible party for any noise source, the Division of Development and Licensing of the Department of Public Works shall have the power to grant an exemption from the requirements of this chapter in order to allow sufficient time for installation of needed control equipment, facilities or modifications to achieve compliance, not to exceed 10 days, provided that such exemption may be renewed as necessary, but only if satisfactory progress toward compliance is shown. A request for exemption shall be filed in writing with the Division of Development and Licensing of the Department of Public Works on forms provided by the Division of Development and Licensing of the Department of Public Works.

Special waivers.

Authority. The Division of Development and Licensing of the Department of Public Works shall have the authority, consistent with this section, to grant special waivers.

Application. Any person seeking a special waiver pursuant to this chapter shall file a written application with the Division of Development and Licensing of the Department of Public Works. The written application shall contain information which demonstrates that bringing the source of sound or activity for which the special waiver is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant or the community or for another purpose.

Issuance or denial. In determining whether to grant or deny the application, the Division of Development and Licensing of the Department of Public Works shall balance the hardship to the applicant, the community and other persons of not granting the special waiver against the adverse impact on the health, safety and welfare of persons affected, the adverse impact of property affected and any other adverse impacts of granting the special waiver.