[Adopted 3-20-1993 by Ord. No. 259; amended
in its entirety 12-10-2005 by Ord. No. 553 (§ 632 of the1984
Code)]
[Amended 6-29-2012 by Ord. No. 695; 5-11-2013 by Ord. No. 703]
A.
Prohibited generally. It shall be unlawful for any person, persons, business entity, partnership or corporation which conducts or engages in any trade, business, or occupation within the Town of Dewey Beach to make, cause or emit any noise or sound which exceeds the sound levels set forth in § 117-15 of this article, according to the daily hours as set forth in that section, and according to the zoning districts as delineated in that section.
[Amended 5-11-2007 by Ord. No. 594[1]; 5-12-2012 by Ord. No. 694; 6-29-2012 by Ord. No. 695; 5-11-2013 by Ord. No. 703]
A.
It shall be unlawful for any person, persons or business entity,
partnership or corporation which conducts or engages in any trade,
business, or occupation within Zoning District RB-1 (Resort Business-l)
or Zoning District RB-3 (Resort Business-3) of the Town of Dewey Beach
to make, cause or emit any noise or sound which emanates a sound level
in excess of 70 dBA during the daily hours from 7:00 a.m. to 10:00
p.m., or 65 dBA during the daily hours of 10:00 p.m. to 7:00 a.m.,
or 65 dBA without regard for time of day as audible from any location
beyond the property boundary of the establishment.
B.
It shall be unlawful for any person, persons or business entity,
partnership or corporation which conducts or engages in any trade,
business, or occupation within any zoning district of the Town of
Dewey Beach, other than Zoning Districts RB-1 and RB-3, to make, cause
or emit any noise or sound which emanates a sound level in excess
of 70 dBA during the daily hours from 7 00 a.m. to 10:00 p.m., or
65 dBA during the daily hours of 10:00 p.m. to 7:00 a.m., or 72 dBC
without regard for time of day as audible from any location beyond
the property boundary of the establishment.
C.
The sound levels described hereinabove shall be determined by a Dewey
Beach police officer utilizing a sound-level meter properly calibrated
pursuant to standards established by the American National Standards
Institute (ANSI) and operated by an officer who has been certified
by ANSI to operate the sound-level meter.
[1]
Editor's Note: This ordinance also provided that the revised
noise level limits enacted by it are to be reassessed by the Noise
Committee after 1-1-2008 as part of a review of the 2007 season and
noise issues. No penalty shall be assessed for violations in 2007.
[Amended 5-11-2013 by Ord. No. 703]
Notwithstanding the other provisions of this article regarding allowed noise levels, the following specific act is prohibited by any commercial business regardless of the sound level emitted, subject to the exceptions provided in § 117-18.
A.
Sound trucks. No amplifier or loud speaker in, upon or attached to
a sound truck or other device for amplifying sound shall be operated
or permitted to operate within the Town of Dewey Beach for advertising
purposes or to attract the attention of the public.
[Amended 6-29-2012 by Ord. No. 695]
Any person, owner, manager, agent, supervisor,
employee in charge of operation, ordering, directing or allowing the
operation or maintenance of the device or machine creating a noise
as prohibited by this article shall be deemed responsible for violating
this article. Additionally, the persons, partnership, business entity,
or corporation which is the owner of the business which has created
a noise as prohibited by this article shall be deemed responsible
for violating this article.
Unlawful noise does not include noise or sound
generated by the following:
A.
Cries for emergency assistance and warning calls.
B.
Radios, sirens, horns and bells on marine navigation
equipment, police, fire, and other emergency vehicles.
C.
Parades, fireworks displays and other special events
for which a permit has been obtained from the Town within such hours
as may be imposed as a condition for the issuance of the permit.
D.
Activities on or in a municipal and school athletic
facilities and on or in publicly owned property, beaches and facilities,
provided that such activities have been authorized by the owner of
such property or facilities or its agents.
E.
Fire alarms and burglar alarms, prior to the giving
of notice and a reasonable opportunity for the owner or tenant in
possession of the premises served by any such alarm to turn off the
alarm.
F.
Religious worship activities, including, but not limited
to, bells and organs.
[Amended 5-11-2013 by Ord. No. 703]
It shall be unlawful for any commercial establishment to permit
any live entertainment or recorded music on its business premises
between the hours of 1:00 a.m. and 7:00 a.m.
[Amended 6-29-2012 by Ord. No. 695; 5-11-2013 by Ord. No. 703]
Violation of this article is a Class B misdemeanor.
Any person, partnership, business entity, or corporation found guilty
of violating this article shall be subject to a fine in the maximum
amount permitted by law and the imposition of costs of not less than
$250, together with an order of abatement of the unlawful noise.
[Added 5-11-2013 by Ord. No. 703]
If the business license of any person, partnership, business entity, or corporation is revoked pursuant to § 117-9 of Article I of this chapter for multiple violations of Article II of this chapter within the same calendar year, the Town may deny said person, partnership, business entity, or corporation a business license for the following calendar year.
[1]
Editor's Note: Former § 117-21, Civil sanctions, was repealed 7-27-2012 by Ord. No. 697; and former § 117-22, Suspension of penalties and/or civil sanctions for violations of § 117-15, which immediately followed former § 117-21, expired 1-1-2007 and has been removed from the Code at the direction of the Town.
