[Adopted 8-13-1993 by Ord. No. 893-1]
This article shall be known and may be cited
as the "Noise Control Ordinance of Rehoboth Beach."
As used in this article, the following terms
shall have the meanings indicates:
AMBIENT NOISE
The all-encompassing background noise associated with a given
environment without the sound contribution of the specific source
in questions.
ANSI
The American National Standards Institute or its successor
bodies.
CONTINUOUS NOISE
A noise whose intensity remains essentially constant during
the period of observation. "Continuous noise," for measurement purposes,
shall be defined as noise which is measured by the slow response setting
of a sound level meter.
DAYTIME
The local time of day between the hours of 8:00 a.m. and
11:00 p.m. year round.
DECIBEL (db)
A standard unit for measuring the sound pressure level. The
unit of sound magnitude equal to 20 times the logarithm to the base
10 of the ratio of the sound pressure being measured to a reference
sound pressure, 20 micronewtons per square meter (20 micropascals).
[Amended 4-17-2015 by Ord. No. 0415-02]
DECIBEL A-WEIGHTED (dBA)
The sound level, in decibels, measured with the sound level
meter using the A-weighted network or scale as specified in ANSI S1.4-1974
Specification for Sound Level Meters, or its latest version.
EQUIVALENT SOUND LEVEL (A-WEIGHTED)
The constant sound level that, in a given situation and time
period (x) conveys the sound energy as the actual time-varying A-weighted
sound. Designated Leq (x) dB(A).
[Added 4-17-2015 by Ord. No. 0415-02]
IMPULSIVE NOISE
Noise characterized by brief excursions (usually less than
one second) of sound pressure which significantly exceeds the ambient
environmental sound pressure.
MOBILE SOURCE
Any vehicle, self-propelled or not, which is capable of emitting
noise.
NIGHTTIME
Those times of day excluded from the definition of daytime.
NOISE
The intensity, frequency, duration and character of sounds
from a single source or number of sources. "Noise" includes the amplified
and unamplified human voice, vibrations of audible and subaudible
frequency, including but not limited to, the bass sound from amplified
music, without limitations.
[Amended 4-17-2015 by Ord. No.
0415-02]
NOISE DISTURBANCE
Any sound which:
[Amended 4-17-2015 by Ord. No.
0415-02]
A.
Endangers or injures the safety or health of humans or animals;
or
B.
Annoys or disturbs a reasonable person of normal sensitivities;
or
C.
Jeopardizes the value of property and erodes the integrity of
the environment; or
D.
Interferes with the peaceful enjoyment of neighboring properties;
or
E.
Is in excess of the allowable noise levels established in §
189-4.
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, spoken speech or comprehensible musical rhythms, including bass
tones with a repetitive and impulsive sound.
[Added 4-17-2015 by Ord. No. 0415-02]
PLAINLY AUDIBLE STANDARD
A method used to identify a noise disturbance where a noise
is plainly audible at a location not on the emitting property.
[Added 4-17-2015 by Ord. No. 0415-02]
SOUND
Any auditory effect that is distinctive or characteristic
of its source. "Sound," as used in this article, shall encompass the
definition of noise herein.
SOUND TRUCK
A truck or other vehicle used for broadcasting.
[Added 4-17-2015 by Ord. No. 0415-02]
STATIONARY SOURCE
Any equipment or activity associated with permitted land
uses which are capable of generating noise.
[Amended 4-17-2015 by Ord. No. 0415-02]
[Amended 3-11-1994 by Ord. No. 394-1; 8-12-1994 by Ord. No.
894-1]
No person shall cause, suffer, allow or permit
the operation of any source of noise on a particular category of property
or on any public space or right-of-way in such a manner as to create
a noise level that exceeds the particular noise-level limits set forth
in Table 1 below.
A. Stationary sources.
(1) Noise levels from stationary sources and mobile sources
while stationary shall not exceed the noise levels set forth in Table
1 below for each of the zoning districts listed there during the time
of day indicated. Where two or more zoning districts are involved,
the maximum noise level for the more restrictive zoning district shall
apply.
(2) Noise levels from small power equipment, associated with residential and commercial land uses, as well as for landscaping equipment such as lawn mowers, trimmers and blowers, used intermittently, shall not exceed 74 dBA. Any small power equipment which exceeds permissible noise levels established in Subsection
A(1) may only be operated during the hours of 8:00 a.m. to 8:00 p.m.
[Amended 4-17-2015 by Ord. No.
0415-02]
(3) Notwithstanding anything to the contrary herein, during the hours designated as nighttime in §
189-3 herein, in residentially and commercially zoned districts, the noise levels from stationary sources and mobile sources while stationary shall not be plainly audible within any receiving dwelling unit, including any dwelling unit in a multiple dwelling structure.
[Amended 4-17-2015 by Ord. No.
0415-02]
(4) Noise measurements made to determine compliance with Subsection
A(1) and
(2) shall be made not less than four feet above the ground and not closer to the noise source than the boundary line of the property on which the noise source is located.
B. Construction noise.
(1) All feasible procedures shall be undertaken to minimize
noise generated by construction activities.
(2) In no instance shall noise levels originating from construction sites exceed 94 dBA. Measurements are to be taken in accordance with the procedures established in Subsection
A(4). This section shall not apply to emergency repairs to public utilities.
(3) No construction shall be carried on between the hours of 5:00 p.m.,
prevailing time, and 8:00 a.m. of the following morning, prevailing
time. No construction 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 November 1 to April 30; further provided,
however, that nothing contained herein shall prevent any homeowner
from working within his own property boundaries, provided that such
work is done by himself and is used exclusively by him or his family
or guests. Such privilege does not convey the right to violate any
of the provisions of the Building Code, nor is it to be construed
as exempting any such property owner from obtaining a permit and paying
the required fees therefor.
[Added 4-17-2015 by Ord. No. 0415-02]
C. No commercial establishment required to be licensed
by the city shall provide entertainment which generates sound which
is audible and/or penetrates beyond the property boundaries of the
commercial establishment, between the hours of 1:30 a.m. to the following
8:00 a.m. each day. Entertainment includes without limitation the
playing of any television set, radio, tape player, phonograph, musical
instrument, game or other device which produces sound as well as sound
emitted by live entertainers. This section shall in no manner modify
other provisions of this article dealing with the maximum permissible
noise levels for residential or commercial districts.
MAXIMUM PERMISSIBLE NOISE LEVELS
FROM STATIONARY SOURCES
(measured at property line)
|
---|
|
|
|
|
Continuous
Octave Band
|
---|
Zoning District Classification
|
Time of Day
|
Continuous Noise
(dBA)
|
Impulsive Noise
(dBA)
|
Center Frequency
(Hz)
|
dB
|
---|
All commercial districts
|
Daytime
|
70
|
|
31.5
|
85
|
|
|
|
|
63
|
84
|
|
Nighttime
|
55
|
120
|
125
|
79
|
|
|
|
|
250
|
74
|
|
|
|
|
500
|
68
|
|
|
|
|
1,000
|
62
|
|
|
|
|
2,000
|
57
|
|
|
|
|
4,000
|
53
|
|
|
|
|
8,000
|
50
|
|
|
|
|
|
|
All residential districts
|
Daytime
|
65
|
|
31.5
|
80
|
|
|
|
|
63
|
79
|
|
Nighttime
|
55
|
100
|
125
|
74
|
|
|
|
|
250
|
69
|
|
|
|
|
500
|
63
|
|
|
|
|
1,000
|
57
|
|
|
|
|
2,000
|
52
|
|
|
|
|
4,000
|
48
|
|
|
|
|
8,000
|
45
|
[Added 4-17-2015 by Ord. No. 0415-02]
A. A decibel meter shall be used to determine noise disturbances when the sound source is emitted from a commercially zoned property whether the receiving property is in a commercial or residential zone. The reading shall be taken no closer than the property line of the sound source. Exceeding noise levels established in §
189-4, Maximum noise levels, constitutes a noise disturbance.
B. The plainly audible standard shall be used to determine noise disturbances
when the sound source is emitted from a residentially zoned property.
Noise that is plainly audible constitutes a noise disturbance.
C. Noise measurements made to determine compliance with Subsections
A and
B shall be made not less than four feet above the ground and not closer than the property line of the property on which the noise source is located.
[Amended 5-12-1995 by Ord. No.
595-3; 4-21-2003 by Ord. No. 0503-5; 4-17-2015 by Ord. No. 0415-02]
A. Commercial zoning districts.
(1) No person shall use any machinery or device for the production or reproduction of sound which is cast upon public streets or lands for the purpose of commercial advertising or of attracting the attention of the public to any building, structure or activity except that a restaurant may use a sound system to notify patrons waiting outside that their table is ready, provided that such sound does not create a noise disturbance as defined at §
189-3 herein.
(2) No person shall play or cause to be generated any music after 11:00
p.m. either:
(b)
From internal speakers in a premises that can be heard on the premises' patio. The term "patio," as used in this section, includes both patios as defined in Chapter
270, Zoning, and other patios used in connection with a restaurant.
(3) No commercial establishment required to be licensed by the City shall
provide entertainment which generates sound which is audible and/or
penetrates beyond the property boundaries of the commercial establishment,
between the hours of 1:30 a.m. to the following 8:00 a.m. each day.
Entertainment includes without limitation the playing of any television
set, radio, tape player, phonograph, musical instrument, game or other
device which produces sound as well as sound emitted by live entertainers.
This section shall in no manner modify other provisions of this article
dealing with the maximum permissible noise levels for residential
or commercial districts.
B. Residential zoning districts.
(1) In addition to other regulations contained in this chapter, it shall
be unlawful for any person to make, continue or cause to be made or
allow at any pool any loud or unusual noise or any noise which annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others. In the operation of a pool, or surrounding patios
or decks, the use or permitting the use or operation of any radio,
digital music device, musical instrument, or other machine or device
for the producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants or at
any time with louder volume than is necessary for convenient hearing
of the person or persons who are in such pool premises shall be unlawful.
(2) In any residential district no radio, digital music device, musical
instrument or other machine or device for producing or reproducing
sound shall be used outdoors after 11:00 p.m. or prior to 8:00 a.m.
C. All zoning districts.
(1) If generally creating a racket, such as yelling, shouting, hooting
or whistling on public streets and emitting from residential and commercial
properties between the hours of 11:00 p.m. and 8:00 a.m. so as to
annoy and disturb the quiet comfort or repose of persons in adjacent
or adjoining premises. noise shall be plainly audible without the
use of a noise meter, such noise shall be considered a noise disturbance.
(2) No person shall use any musical instrument upon public streets during
the nighttime. This section does not apply to persons participating
in duly licensed parades or persons duly authorized to engage in such
conduct.
(3) No person shall play any television, radio, digital music device
or any musical instrument or other device for the production of sound
on a public beach, the boardwalk, park, sidewalk, streets or other
public ways in such manner or with such volume as to annoy or disturb
the quiet, comfort or repose of reasonable persons or at a louder
volume than is necessary for the convenient hearing of the individual
playing the device.
(4) No person shall sell anything by outcry. The selling by outcry of
merchandise, food and beverages at City-licensed entertainment events
is excluded.
(5) No person shall use any machinery or device for the production or
reproduction of sound which is cast upon public streets or lands for
the purpose of commercial advertising or of attracting the attention
of the public to any building, structure or activity.
[Added 4-17-2015 by Ord. No. 0415-02]
A. Sound trucks are prohibited.
B. Sound-amplifying equipment; permit required; unreasonable use prohibited.
(1) No person shall operate or use any sound-amplifying equipment without
first obtaining a permit from the City Manager. No permittee shall
use any sound-amplifying equipment in any manner and at any time so
as to unreasonably disturb the peace and quiet of any neighborhood
or of the citizens thereof.
(2) Any person operating or causing to be operated any sound-amplifying
equipment in violation of the sound-amplifying equipment provisions
of this section shall have his permit revoked.
C. Application for use of sound-amplifying equipment; permit content.
Each applicant for a permit to use sound-amplifying equipment shall,
in writing and on forms required by the City Manager, submit to the
City Manager the following information:
(1) Name and address of the applicant.
(2) Name and address of the person having direct charge of the sound-amplifying
equipment.
(3) Purpose for which the sound-amplifying equipment shall be used.
(4) General statement as to the areas of the City in which the sound-amplifying
equipment shall be used.
(5) General statement as to the times the sound-amplifying equipment
shall be used.
(6) General description of the sound-amplifying equipment that shall
be used.
(7) Any other information which the City Manager may require in order
to reasonably enforce the provision of this article relating to sound-amplifying
equipment.
D. Grant of permit; duration. If the City Manager determines that granting the permit required by §
189-2 shall not unreasonably disturb the peace and quiet of any neighborhood or of the citizens thereof, he shall issue to the applicant a permit for the use of the sound-amplifying equipment described in the permit application, which shall be used during the time and in that manner set forth in the permit application and in the sound-amplifying equipment provisions of this article.
[Amended 4-17-2015 by Ord. No.
0415-02]
A. All violations of this article need not be complaint based. Noise
disturbances may be identified by the public, police officers, or
City staff. Any police officer or City staff is authorized to investigate
for the purposes of enforcing this provision upon suspecting or being
notified that a noise disturbance is occurring.
B. Any investigating officer may issue a citation to an offender under
this article.
C. The investigating officer may issue a warning if in his or her judgment
a warning is sufficient to cease the violation.
D. Any person or persons charged with a violation of this chapter for
the first offense shall be subject to a fine of at least $200 and
not to exceed $250. For each subsequent offense such person shall
be subject to a fine of at least $250 and not to exceed $500 or by
imprisonment for not more than 30 days, or by both fine and imprisonment.
E. The imposition of one penalty for any violation shall not excuse
the violation nor permit it to continue.
F. Nothing in this article shall be construed to abridge, limit or otherwise
impair the right of any person to damages or other relief on account
of injuries to persons or property and to maintain any action or other
appropriate proceedings therefor.
In any case where a provision of this article
is found to be in conflict with any other provision of the Municipal
Code of Rehoboth Beach, Delaware, 1974, existing on the effective
date of this article, the provision which establishes the more stringent
standard for the promotion and protection of the health and safety
of the public shall prevail. In any case where a provision of this
article is found to be in conflict with any other provision of the
Municipal Code of Rehoboth Beach, Delaware, 1974, existing on the
effective date of this article which established a less stringent
standard for the promotion and protection of the health and safety
of the public, the provisions of this article shall be deemed to prevail,
and any such provisions are hereby declared to be repealed to the
extent that they may be found in conflict with the provisions of this
article.