The City of New Castle, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of citizens of the City of New Castle as well as to their comfort, living conditions, general welfare and safety, hereby declares it to be necessary to provide for the greater good and more effective regulation of excessive sounds through the adoption of a new and more comprehensive Chapter
166, Noise.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning. All terminology used in this chapter, not defined herein,
shall be in conformance with applicable publications of the American
National Standard Institute (ANSI) or its successor body.
A-WEIGHTED SOUND PRESSURE LEVEL
The sound pressure level as measured on a sound level meter
using the A-weighing network. The level so read shall be designated
dB(A) or dBA.
AMBIENT NOISE LEVEL
The all-encompassing background noise associated with a given
environment without the sound contribution of the specific source
in question.
DECIBEL
A standard unit for measuring the sound pressure level. It
is equal to 20 times the logarithm to the base ten of the ratio of
the pressure of the sound measured to a reference pressure which is
20 micropascals, denoted as dB.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damages which demands immediate
actions.
EMERGENCY VEHICLE
A motor vehicle used in response to public calamity or to
protect persons or property from imminent danger.
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).
INDUSTRIAL DISTRICT
Light-industrial office district LIO, Industrial Office Park,
Industrial District and Agricultural-Horticultural, and OS&R Zoning
Districts.
MOTOR VEHICLE
As defined in the motor vehicle code of the State of Delaware,
or any vehicles which are propelled or drawn by mechanical equipment,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
mopeds, amphibious craft on land, dune buggies or racing vehicles.
MUFFLER
Any apparatus whose primary purpose is to transmit liquids
or gases while causing a reduction in sound emission at one end.
NOISE
Any sound which is unwanted or which causes or tends to cause
an adverse physiological or psychological effect on human beings.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of
human or animals; or
B.
Annoys or disturbs a reasonable person of normal
sensibilities; or
C.
Jeopardizes the value of property and erodes
the integrity of the environment; or
D.
Is in excess of the allowable noise levels established in §
166-6 herein.
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,
including bass tones with a repetitive and impulsive sound.
POWERED MODEL VEHICLE
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 at the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, or institution, corporation, business
or governmental entity.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or set of single pitches. For the purpose of this section, a pure
tone shall exist if the one-third octave band sound pressure level
and the band with the tone exceeds the arithmetic average of the sound
pressure level of the two contiguous one-third octave bands by 15
dB for bands with center frequencies less than 160 Hz, with 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.
SOUND LEVEL
The sound pressure level (SPL) obtained by the use of sound
level meter and frequency weighing network, such as A, B or C as specified
in American National Standards Institute specifications for sound
level meters (ANSI SI.4-197 1, or the latest approved revision thereof).
The unit of measurement is the decibel. If the frequency weighing
employed is not indicated, the A-weighing shall apply.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
WEEKDAY
Any Monday, Tuesday, Wednesday, Thursday or Friday which
is not a legally designated holiday.