§ 42-61. Noise.

(a)

Declaration of policy. It is hereby declared to be the policy of the town to prohibit unnecessary, excessive and offensive noises from all sources subject to its police power. At certain levels, noises are detrimental to the health, safety and welfare of the citizenry, and in the public interest, such noise shall be systematically proscribed.

(b)

Definitions. 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:

"A" band level means the total sound level of all noise as measured with a sound level meter using a-weighting network. The unit is the dB(A).

Ambient noise means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. For the purpose of this section, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes in commercial areas and industrial areas and over a period of five minutes in residential areas without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Averaging may be done by instrumental analysis in accordance with American National Standard Specifications for Sound Level Meters S13-1971, 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 ensure that observations are made at the beginning and the end of the applicable averaging period (15 minutes in commercial areas and industrial areas, and five minutes in residential areas) and that there are at least as many additional observations as there are decibels between the highest high indication and the lowest low indication.

(3)

Calculate the arithmetical average of the observed central tendency indications.

Commercial area means an area located within a commercial zoning district, Heritage Village Center zoning district (HVC), neighborhood office zoning district (NO), general office zoning district (GO), Gateway Village Center zoning district (GVC) or Gateway Business Center zoning district (GBC) pursuant to the town land development code.

Community noise standards means the noise standards set forth in subsection (e)(1).

Decibel (dB) means a sound pressure that is 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, two × 10 ^-5 newton/meter .

Emergency work means any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to restore property to a safe condition following a public calamity or work required to protect the health, safety or welfare of persons or property or work by private or public utilities when restoring utility service.

Frequency of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.

Impulse noise means a noise of short duration, usually less than one second, with an abrupt onset and rapid decay.

Industrial area means an area located within a business park zoning district (BP), light industrial zoning district (LI) or general industrial zoning district (GI) pursuant to the town land development code.

Microbar means a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.

Motor vehicles means any self-propelled device in, upon, or by which any person or property is, or may be, transported within the town, including but not limited to, licensed or unlicensed vehicles, automobiles, motor boats, personal water craft, minibikes, go-carts, motorized skateboards, and motorcycles.

Non-residential area shall include any area located within a commercial area, industrial area or other area not zoned as a single family residential zoning district or multi-family residential zoning district pursuant to the town land development code.

Period of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.

Periodic quantity means oscillating quantity, the values of which recur for equal increments of time.

Person means an individual, firm, association, partnership, joint venture or corporation. For the purpose of section 42-64, person shall also include an owner of property, tenant, lessee, manager, agent, or other person entitled to lawfully possess (or who claims lawful possession of such property) at the time of the offense.

Pure tone noise means any noise that is distinctly audible as a single pitch (frequency) or set of pitches as determined by the enforcement officer.

Residential area means an area located within a single family residential or multi-family residential zoning district pursuant to the town land development code.

Sound level (noise level) in decibels (dB) is the sound measured with the a-weighting and slow response by a sound level meter.

Sound level meter means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks used to measure sound levels which satisfies the pertinent requirements in American National Standard Specifications for Sound Level Meters S1.4-1971 or the most recent revision thereof.

(c)

Exemptions. The following uses and activities shall be exempt from noise level regulations in this section, but may be subject to other town regulations, including but not limited to the regulations in the Land Development Code:

(1)

The operation of air-conditioning, pool or spa equipment when it is properly functioning in accordance with manufacturer's specifications and the community noise standards for residential areas as set forth in subsection (e);

(2)

The operation of lawn maintenance equipment in a commercial area or industrial area, but only if said equipment is properly functioning with all mufflers and noise-reducing equipment in accordance with manufacturer's specifications. The operation of lawn maintenance equipment in a residential area between 5:00 a.m. and 10:00 p.m., but only if said equipment is properly functioning with all mufflers and noise-reducing equipment in accordance with manufacturer's specifications. The operation of lawn maintenance equipment in residential areas at all other times shall be subject to the community noise standards;

(3)

Non-amplified noises resulting from the activities such as those planned for school, governmental or community groups or duly authorized by such groups;

(4)

Noises of safety signals, warning and alarm devices, emergency generators, storm warning sirens, emergency pressure relief valves or horns and the authorized testing of such equipment;

(5)

Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

(6)

Noises resulting from emergency work as defined in subsection (b);

(7)

All noises coming from the normal operations of railroad trains;

(8)

Noises of church chimes;

(9)

Organized sporting events;

(10)

Noises created by aircraft;

(11)

Public or utility owned or operated stationary mechanical equipment so long as such equipment is properly functioning pursuant to manufacturer's specifications;

(12)

Road and street noise generated from the normal operation of traffic except as regulated herein;

(13)

Work by or on behalf of the town, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.;

(14)

Special events for which a permit has been obtained from the town, so long as said event is conducted in compliance with the terms and conditions of the permit.

(d)

Measurement criteria. For the purpose of enforcement of the provisions of this section, noise level shall be measured on the a-weighted scale with a sound level meter. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to measurement, the meter shall be verified, and adjusted according to the manufacturer's specifications by means of an acoustical calibrator.

(e)

Allowable noise levels.

(1)

It is unlawful for any person to create any noise which would cause the noise level measured from the inside, with the windows and doors closed, of a complainant's residential dwelling, enclosed commercial building or suite, or enclosed industrial building or suite to exceed the following community noise standards for more than 15 minutes in commercial areas and industrial areas and for more than five minutes in residential areas :

Community Noise Standards

Zone	Time	Noise Standard Maximum dB(A)
Residential area	10:00 p.m.—5:00 a.m.	45
	5:00 a.m.—10:00 p.m.	55
Commercial area	10:00 p.m.—5:00 a.m.	55
	5:00 a.m.—10:00 p.m.	65
Industrial area	10:00 p.m.—5:00 a.m.	60
	5:00 a.m.—10:00 p.m.	70

 

(2)

If the measurement location is on a boundary between two zoning districts, the lower noise standard shall apply.

(Code 1984, § 10-1-12; Ord. No. 1245, § I, 2-15-00; Ord. No. 1363, § I.6., 8-21-01; Ord. No. 1410, § I, 7-23-02; Ord. No. 1479, § I, 5-27-03; Ord. No. 2649 , § I, 2-15-18)