The text
Sec. 22-31. - Declaration of town policy.#
It is hereby declared to be the policy of the town to prohibit unnecessary and excessive noise from all sources subject to its police power. At certain levels, noises are detrimental to the health and the welfare of the citizenry; therefore, in the public interest, such noises shall be systematically proscribed.
(Ord. of 11-3-93, § 1)
Sec. 22-32. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient noise means the all-encompassing noise associated with a given environment, being a composite of sounds from many sources, near and far. For the purposes of this article, the term "ambient noise level" is the average over 15 minutes, excluding random or intermittent noises and the alleged offensive noise at the location and time of day at which a comparison with an alleged offensive noise is to be made. Averaging may be done by instrumental analysis in accordance with American National Standard S.13-1971, or may be done manually as follows: (1)
Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the 15-minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications.
Commercial purposes means the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment.
Decibel (dBA) means a unit of measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is determined as 20 times the logarithm to the base 10 of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of 20 micronewtons per square meter (0.0002 microbar).
Emergency work means work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.
Motor vehicles means, but is not limited to, automobiles, trucks, buses, motorcycles, minibikes and go-carts.
Noncommercial purpose means the use, operation or maintenance of any sound equipment for other than a commercial purpose. The term "noncommercial purpose" shall mean, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.
Sound amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound. The term "sound amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment shall not include warning devices on any vehicle used only for traffic safety purposes.
Sound level (noise level) in decibels means the level measured on the A-weighted scale as defined in the American National Standard S-1.4-1071.
Sound truck means any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.
Unnecessary, excessive or offensive noise means any sound or noise conflicting with the criteria, standards or levels set forth in this article for permissible noises. In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by ten dBA or more, when measured at the nearest property line or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this article.
(Ord. of 11-3-93, § 2)
Cross reference— Definitions generally, § 1-2.
Sec. 22-33. - Radios, television sets and similar devices.#
It shall be unlawful for any person within any residential zone of the town to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or of any reasonable person of normal sensitivity residing in the area. The operation of any such set, instrument, phonograph, machine or device so as to exceed 50 dBA between the hours of 7:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 7:00 p.m., measured at the property line of the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
(Ord. of 11-3-93, § 3)
Sec. 22-34. - Hawkers and peddlers.#
It shall be unlawful for any person within the town to sell anything by outcry within any area of the town zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.
(Ord. of 11-3-93, § 4)
Sec. 22-35. - Drums.#
It shall be unlawful for any person to use any drum, or other instrument or device of any kind, for the purpose of attracting attention by the creation of noise within the town. This section shall not apply to any person who is a participant in a school band or duly licensed to parade, or who has been otherwise duly authorized to engage in such conduct.
(Ord. of 11-3-93, § 5)
Sec. 22-36. - Schools, hospitals and churches.#
It shall be unlawful for any person to create any unnecessary, excessive or offensive noise on any street, sidewalk or public place adjacent to any school, institution of learning, hospital or church while the same is in use, provided that conspicuous signs are displayed in such street, sidewalk or public places indicating the presence of a school, hospital or church.
(Ord. of 11-3-93, § 6)
Sec. 22-37. - Machinery, equipment, fans and air conditioning.#
It shall be unlawful for any person to operate any machinery, equipment, pump, fan and air conditioning apparatus, or similar mechanical device, in any residential area so as to exceed 50 dBA between the hours of 7:00 p.m. and 7:00 a.m., or so as to exceed 55 dBA between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. of 11-3-93, § 7)
Sec. 22-38. - Construction of buildings and projects.#
It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any piledriver, power shovel, pneumatic hammer, derrick, power hoist or any other device used in removal of gravel or blasting of rock or ledge construction type device between the hours of 7:00 p.m. and 7:00 a.m. so as to create that unnecessary, excessive or offensive noise. Emergency work shall be exempted from the provisions of this section.
(Ord. of 11-3-93, § 8)
Sec. 22-39. - Vehicle repairs.#
It shall be unlawful for any person within any residential area of the town to test any motor vehicle between the hours of 7:00 p.m. and 7:00 a.m. or at any time of the day on a Sunday or legal holiday so as to create unnecessary, excessive or offensive noise.
(Ord. of 11-3-93, § 9)
Cross reference— Traffic and vehicles, ch. 46.
Sec. 22-40. - Public nuisance declared; injunctions.#
The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this article, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitivity or endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. of 11-3-93, § 11)
Sec. 22-41. - General noise regulations.#
Notwithstanding any other provision of this article, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, excessive or offensive noise.
(Ord. of 11-3-93, § 12)
Sec. 22-42. - Complaints.#
Any person may be a complainant for the purpose of instituting action for any violation of this article.
(Ord. of 11-3-93, § 13)