[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
A.
Excessive sound is a serious hazard to the public
health, welfare, safety, and the quality of life. A substantial body
of science and technology exists by which excessive sound may be substantially
abated. The people have a right to and should be ensured an environment
free from excessive sound. It is the policy of the Town of Dalton
to prevent excessive sound that may jeopardize the health, welfare,
or safety of the citizens or degrade the quality of life.
B.
This bylaw shall apply to the control of sound originating
from stationary and mobile sources, as described herein, within the
limits of the Town of Dalton.
The following words and terms, when used in
this bylaw, shall have the following meanings unless the context clearly
indicates otherwise:
The total sound pressure level in the area of interest including
the noise source of interest.
The electronic filtering in sound level meters that models
human hearing frequency sensitivity.
The total sound pressure level in the area of interest excluding
the noise source of interest.
A group of commercial facilities and the abutting public
right-of-way and public spaces.
Any premises, property, or facility involving traffic in
goods or furnishing of services for sale or profit, including but
not limited to banking and other financial institutions; dining establishments;
establishments for providing retail or wholesale services; establishments
for recreation and entertainment; office buildings; transportation;
and warehouses.
Any site preparation, assembly, erection, repair, alteration
or similar action, or demolition of buildings or structures.
The electronic filtering in sound level meters that models
a flat response (output equals input) over the range of maximum human
bearing frequency sensitivity.
The A-weighted unit of sound pressure level.
The C-weighted unit of sound pressure level.
The unit of measurement for sound pressure level at a specified
location.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electric, telephone,
sewer facilities, or public transportation facilities, removing fallen
trees on public rights-of-way, or to abate any immediate or substantial
threat of damage to life, health or property.
A sound having a duration of less that one second with an
abrupt onset and rapid decay.
Any activity and its related premises, property, facilities,
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods.
An instrument, such as a sound level meter, integrating sound
level meter or dosimeter, used to measure sound pressure levels conforming
to Type 1 or Type 2 standards as specified in the latest version of
ANSI Standard S 1.4-1983.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for attenuating the
sound of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
The Town of Dalton.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property throughout the municipality
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
The Board of Health which is empowered to grant permits for
waivers.
An officially designated agent of the Board of Health trained
in the measurement of sound and empowered to issue a summons for violations
of this bylaw.
Any sound that:
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the municipality or any political
subdivision, agency or instrumentality of the municipality.
Any street, avenue, boulevard, road, highway, sidewalk, or
alley that is leased, owned, or controlled by a governmental entity.
Any real property or structures thereon that is owned, leased,
or controlled by a governmental entity.
Any sound that can be judged as a single pitch or set of
single pitches by the NCO.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The instantaneous sound pressure level measured in decibels
with a sound level meter set for A-weighting on slow integration speed,
unless otherwise noted.
Twenty multiplied by the logarithm, to the base 10, of the
measured sound pressure divided by the sound pressure associated with
the threshold of human hearing, in units of decibels.
Any day, Monday through Friday, that is not a legal holiday.
A.
The Noise Control Officer (NCO) shall enforce the
provisions of this bylaw.
B.
The Noise Control Administrator (NCA) shall have the
power to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable;
(2)
Review the actions of other municipal departments
and advise such departments to the effect, if any, of such actions
on noise control;
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this bylaw; and
C.
All persons conducting sound measurements to assess
compliance with this section shall be trained in the current techniques
and principles of sound measurement equipment and instrumentation.
A.
All departments and agencies of the municipality shall
carry out their programs according to law and shall cooperate with
the NCA in the implementation and enforcement of this bylaw.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the NCA prior to the approval of such projects to ensure
that such activities comply with the provisions of this bylaw.
A.
Insofar as practicable, sound will be measured while
the source under investigation is operating at normal, routine conditions
and, as necessary, at other conditions, including but not limited
to design, maximum, and fluctuating rates.
B.
All tests shall be conducted in accordance with the
following procedures:
(1)
The NCO shall, to the extent practicable, identify
all sources contributing sound to the point of measurement.
(2)
Measurements shall be taken at or within the property
line of the affected person.
(3)
The measuring instrument must be calibrated using
a calibrator recommended by the measuring instrument manufacturer
before and after each series of readings.
(4)
The measuring instrument must be recertified and the
calibrator must be recalibrated at least once each year by the manufacturer
or by a person that has been approved by the manufacturer. A copy
of written documentation of such recertification and recalibration
shall be kept with the equipment to which it refers.
(5)
No outdoor measurements shall be taken:
(a)
During periods when wind speeds (including gusts)
exceed 15 miles per hour;
(b)
Without a windscreen, recommended by the measuring
instrument manufacturer, properly attached to the measuring instrument;
(c)
Under any condition that allows the measuring
instrument to become wet (e.g., rain, snow, or condensation); or
(d)
When the ambient temperature is out of the range
of the tolerance of the measuring instrument.
C.
The report for each measurement session shall include:
(1)
The date, day of the week, and times at which measurements
are taken;
(2)
The times of calibration;
(3)
The weather conditions;
(4)
The identification of all monitoring equipment by
manufacturer, model number, and serial number;
(5)
The normal operating cycle of the sources in question
with a description of the sources;
(6)
The ambient sound level, in dBA, with the sources
in question operating;
(7)
The background sound level, in dBA, without the sources
in question operating; and
(8)
A sketch of the measurement site, including measurement
locations and relevant distances, containing sufficient information
for another investigator to repeat the measurements under similar
conditions.
D.
Prior to taking noise measurements the investigator
shall explore the vicinity of the source in question to identify any
other sound sources that could affect measurements, to establish the
approximate location and character of the principal sound source,
and to select suitable locations from which to measure the sound from
the source in question.
E.
When measuring continuous sound, or sound that is
sustained for more than one second at a time, the measuring instrument
shall be set for A-weighting, slow response, and the range (if the
measuring instrument is designed to read levels over different ranges)
shall be set to that range in which the meter reads closest to the
middle of the scale. The minimum and maximum readings shall be recorded
to indicate the range of monitored values along with the central tendency
average most often displayed.
F.
The measuring instrument shall be placed at a minimum
height of three feet above the ground or from any reflective surface.
When handheld, the microphone shall be held at arm's length and pointed
at the source at the angle recommended by the measuring instrument's
manufacturer.
G.
If extraneous sound sources, such as aircraft flyovers
or barking dogs that are unrelated to the measurements increase the
monitored sound levels, the measurements should be postponed until
these extraneous sounds have become of such a level as not to increase
the monitored sound levels of interest.
H.
The monitoring session should last for a period of
time sufficient to ensure that the sound levels measured are typical
of the source in question.
I.
The background sound levels shall be subtracted from
the measured sound levels of the source of interest by using Table
1 to determine the sound levels from the source of interest alone.
If the ambient sound level is less than three dBA higher than the
background sound level, the source level cannot be derived, and a
violation of the bylaw cannot be substantiated.
|
Table 1
Correction for Background Levels
(in dBA)
| ||
|---|---|---|
|
Difference Between Ambient and Background
Levels
|
Correction Factor to be Subtracted from
Ambient Sound Level for Source Level
| |
|
3
|
3
| |
|
4 - 5
|
2
| |
|
6 - 9
|
1
| |
|
10 or more
|
0
| |
A.
No person shall cause, suffer, allow, or permit the operation of any sound source on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by at least 10 dBA during daytime hours (7:00 a.m. to 10:00 p.m.) and by at least five dBA during nighttime hours (10:00 p.m. to 7:00 a.m.) when measured at or within the real property line of the receiving property, except as provided in Subsection A(1). Such a sound source would constitute a noise disturbance.
(1)
If the background sound level cannot be determined,
the absolute sound level limits set forth in Table 2 shall be used.
(2)
If the sound source in question is a pure tone, the
limits of Table 2 shall be reduced by five dBA.
|
Table 2
Maximum Permissible Sound Levels*
(in dBA)
| ||||
|---|---|---|---|---|
|
Receiving Property
| ||||
|
Residential
|
Commercial
| |||
|
Source Property
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
All times
| |
|
Residential
|
55
|
50
|
65
| |
|
Commercial
|
65
|
50
|
65
| |
|
Industrial
|
65
|
50
|
65
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
These levels would be appropriate for typical
suburban environments. Urban environments may allow for limits that
are five to 10 dBA higher, and rural or quiet suburban environments
may allow for limits that are five to 10 dBA lower than those listed.
The specific limitations should be based on the environment and tastes
of the municipality.
| |
(3)
Nonrepetitive impulsive sound sources shall not exceed
90 dBA or 120 dBA at or within a residential real property line, using
the fast meter-response speed.
(4)
In multi-dwelling-unit buildings, if the background
sound level cannot be determined, the daytime limit is 45 dBA and
the nighttime limit is 35 dBA for sounds originating in another dwelling
within the same building.
B.
The following are exempt from the sound level limits of Subsection A:
(1)
Noise from emergency signaling devices;
(2)
Noise from an exterior burglar alarm of any building,
provided that such burglar alarm shall terminate its operation within
30 minutes of its activation;
(3)
Noise from domestic power tools, lawn mowers, and
agricultural equipment when operated between 7:00 a.m. and 8:00 p.m.
on weekdays and between 8:00 a.m. and 8:00 p.m. on weekends and legal
holidays except in emergency work, provided that they generate less
than 85 dBA at or within any real property line of a residential property;
(4)
Any bell or chime from any school, church or municipal
facility.
(5)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 185-7B(6);
(6)
Noise from snow blowers, snow throwers, and snowplows
when operated with a muffler for the purpose of snow removal or their
maintenance.
C.
When the source being analyzed is a stereo system
with low frequency signals as part of its output, the stereo shall
not cause a C-weighted level of 10 dB or greater above the C-weighted
ambient level at a distance of 10 feet from the source or the complainant's
property line, whichever is greater.
A.
No person shall cause, suffer, allow, or permit to be made verbally or mechanically any noise disturbance, as defined in § 185-6A.
B.
Other than as noted in the definition of "emergency work" in § 185-2, no person shall cause, suffer, allow, or permit the following acts:
(1)
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance (as defined in § 185-6A) for any person other than the operator of the device;
(2)
Using or operating any loudspeaker, public-address system, or similar device between 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance (as defined in § 185-6A) across a residential real property line;
(3)
Owning, possessing, or harboring any animal or bird that, frequently or for continued duration, generates sounds that create a noise disturbance (as defined in § 185-6A) across a residential real property line;
(4)
Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse, or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between 9:00 p.m. and 7:00 a.m. the following day on a weekday and between 9:00 p.m. and 9:00 a.m. the following day on a weekend day or legal holiday except by permit, when the sound therefrom creates a noise disturbance (as defined in § 185-6A) across a residential property line;
(5)
Operating or permitting the operation of any motor
vehicle whose manufacturer's gross weight rating is in excess of 10,000
pounds, or any auxiliary equipment attached to such a vehicle, for
a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet of
a residential area between 7:00 p.m. and 7:00 a.m. the following day
or as authorized by permit. This section shall not apply to delivery
or pickup vehicles that require the operation of the engine to unload
or load their vending loads or to the operation of vehicles carrying
products which must be kept refrigerated;
(6)
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between 6:00 p.m. and 7:00 a.m. the following day on a weekday or at any time on a weekend day or legal holiday, except for emergency work, by waiver issued pursuant to § 185-9, or when the sound level does not exceed any applicable relative or absolute limit specified in § 185-6A.
A.
The provisions of this bylaw shall not apply to noise
emitted by or related to any of the following:
(1)
Any siren, whistle or bell or other sound generating device used in an alarm system relating to an emergency situation except as provided in § 185-6B(2);
(2)
Any siren, whistle or bell lawfully used by emergency
response vehicles, cleanup or repair work that is necessary to ensure
the protection of public health safety or welfare;
(3)
Natural phenomena;
(4)
Any siren, whistle or bell required by law or regulation
which operates at sound levels appropriate to the environment;
(5)
Noncommercial public speaking and public assembly
activities subject to federal and state constitutional protection;
(6)
Farming equipment or farming activity; or
(7)
Devices used in conjunction with places of religious
worship.
B.
Noise generated from municipally sponsored or approved
celebrations or events shall be exempt from the provisions of this
bylaw.
A.
Any person who owns or operates any stationary or
mobile noise source may apply to the NCA for a waiver from one or
more of the provisions of this bylaw. Every request for a waiver shall
be made in writing and shall be subject to a public hearing before
the Board of Health. The requesting party, at his or her sole expense,
must notify all property owners within 300 feet by certified mail
at least 10 days prior to the public hearing. Applicants for a permit
of waiver shall supply information, including but not limited to:
(1)
The nature and location of the noise source for which
such application is made;
(2)
The reason for which the permit of waiver is requested,
including the hardship that will result to the applicant, his/her
client, or the public if the permit of waiver is not granted;
(3)
The level of noise that will occur during the period
of the waiver;
(4)
The section or sections of this bylaw for which the
permit of waiver shall apply;
(5)
A description of interim noise control measures to
be taken for the applicant to minimize noise and the impacts occurring
therefrom; and
(6)
A specific schedule of the noise control measures
that shall be taken to bring the source into compliance with this
bylaw within a reasonable time.
(a)
Failure to supply the information required by
the NCA shall be cause for rejection of the application.
(b)
A copy of the permit of waiver must be kept
on file by the Municipal Clerk for public inspection.
(c)
Any denial of a waiver shall also be in writing
and shall contain a brief statement of the reasons for denial.
(d)
The requesting party has the right to appeal
the denial of a waiver by filing suit in Superior Court.
B.
The NCA may charge the applicant a fee as established
by the Select Board to cover expenses resulting from the processing
of the permit of waiver application and any required noise evaluations
to be conducted by the NCO for the requested permit.
C.
The NCA may, at its discretion, limit the duration
of the permit of waiver, which shall be no longer than one year. Any
person holding a permit of waiver and requesting an extension of time
shall apply for a new permit of waiver under the provisions of this
section.
D.
No waiver shall be approved unless the applicant presents
adequate proof that:
E.
In making the determination of granting a waiver,
the NCA shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property that
is caused or threatened to be caused;
(2)
The social and economic value of the activity for
which the waiver is sought; and
(3)
The ability of the applicant to apply the best practical
noise control measures.
F.
The permit of waiver may be revoked by the NCA if
the terms of the permit of waiver are violated.
A.
The NCO shall initially determine the extent and nature
of any violations of the bylaw and, having determined that such violations
have occurred or are continuing to occur, shall serve a written notice
of violation on the offender. Every day that the violation continues
after service of a notice of violation may constitute a separate violation
for which additional notices of violation are not required.
B.
A notice of violation is deemed served on the day
it is received, if served by hand or by certified mail, return receipt
requested, and is deemed served on the third day after mailing, if
served by first-class mail, postage prepaid.
C.
Each notice of violation shall state that the NCA
shall hold a public hearing, at which the offender shall be allowed
to appear and present evidence in his behalf, to determine if the
violation(s) set forth in the notice constitutes a violation of the
bylaw, and to impose any and all appropriate penalties for such violations,
including fines as set forth below, and/or an order to cease and desist.
Notice of such public hearing shall be served on the offender in the
manner set forth for the above service of a notice of violation, such
hearing to be held no sooner than two weeks from the date that such
notice is served.
D.
If a person has been found by the NCA to have violated
this bylaw, and has been ordered to cease and desist such violation,
and is subsequently determined by the NCA to have again committed
that same violation, then the violator shall, in addition to the penalty
and enforcement provisions set forth in this section, pay to the Town
the reasonable cost of testing incurred by the Town to determine such
subsequent violation(s).
If any provision of this bylaw is held to be
unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the bylaw shall not be invalidated.
This bylaw shall take effect upon its approval
by the Attorney General of the Commonwealth of Massachusetts, and
is posted and published by the Town Clerk of Dalton, Massachusetts
in accordance with MGL c. 40, § 32; and is intended to apply
to all preexisting noise pollution as of that date.
