(A) Using, operating or permitting to be played, used or operated, any machine or device for the producing or reproducing of sound in a manner so as to disturb the peace, quiet, and comfort of neighboring inhabitants when such sound exceeds the sound level limit as it pertains to the zoning districts below, unless another agreement has been reached with the town:
(1) Residential Area during the hours of 7:00 a.m. - 10:00 p.m.= 55 dB(A).
(2) Residential Area during the hours of 10:00 p.m. - 7:00 a.m. = 50 dB(A).
(3) Commercial Area during the hours of 7:00 a.m. - 10:00 p.m. = 66 dB(A).
(4) Commercial Area during the hours of 10:00 p.m. - 7:00 a.m. = 64 dB(A).
(5) Industrial Area during the hours of 7:00 a.m. - 10:00 p.m. = 66 dB(A).
(6) Industrial Area during the hours of 10:00 p.m. - 7:00 a.m. = 64 dB(A).
(7) Zoning districts. The restriction of the dB(A) set forth above apply to the zoning district of the sound source, not the complainant.
(B) Measurement procedures. The sound level meter shall be operated according to the instrument manufacturer's instruction and as follows:
(1) Microphone orientation. The microphone shall be pointed toward the allegedly offensive noise source, unless the instrument manufacturer's instructions specifically indicate otherwise.
(2) Meter setting. The meter shall be set for the A-weighted network and "slow" response mode.
(3) Calibration. An external calibration check and battery check shall be made before and after each use.
(4) Meter readings. The recorded reading shall be the highest sound level obtained with the allegedly offensive noise source in operation, disregarding unrelated peaks due to extraneous ambient noises.
(5) Sound levels shall be measured at the approximate location of the complainant's property line, at a height of at least four feet above the immediate surrounding surface.
(6) After a complaint is made, the officer shall measure the dB(A). If the noise level exceeds the dB(A) level allowed for the sound source zone, then the officer will contact the person responsible for the sound source and request the sound source come into compliance. If the person responsible for the sound source does not come into compliance, the officer responding to the complaint will issue the offending person a warning or citation. For every complaint and noncompliance action taken, a new citation may be issued if the sound maker continues to exceed the dB(A) level allowed for the sound source's zone.
(Ord. 102898, passed 11-14-1998; Ord. 111318, passed 12-19-2018; Ord. 090820, passed 9-8-2020) Penalty, see § 10.99