The following acts and noises are the types of loud noises which generally do not violate the prohibitions of this chapter:
(a) Horns, signaling devices, sirens and the like. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, as a danger signal, or the use of any siren upon any bona fide police, fire or other emergency vehicle or equipment;
(b) Alarms. Car, home and similar types of alarms which are activated and allowed to continue because said person(s) or entities believe that a crime is being committed;
(c) Fireworks. The use of fireworks on the fourth of July from 12:00 p.m. to 10:00 p.m.;
(d) Vehicles. The idling or running of a motor vehicle for a period of time reasonably needed to “warm” a vehicle’s engine before use;
(e) The deposit or disturbance of solid waste materials and recyclables. The noise in connection with deposit of solid waste materials or recyclables into containers or receptacles, or the disturbance of solid waste materials or recyclables already in containers or receptacles from 9:00 a.m. to 10:00 p.m.;
(f) Town construction activity. Construction activity conducted by a governmental entity or its contractor and specifically authorized by the Board of Aldermen following general notice to the public and a public hearing. For purposes of the notice required by this section and all subsequent sections, it shall be sufficient that the specific topic of the public hearing is included in the agenda of the meeting during which it is to take place and the agenda, with the item listed, is posted in advance of the meeting on the town’s official website;
(g) Town and town-arranged vehicles. The normal and customary sounds from town vehicles and vehicles arranged by the town, engaged in activities related to the discharge of critical town duties such as removing snow, repairing damaged water or sewer lines, responding to fires, responding to vehicle accidents, responding to storms and the like, will not be considered noises or activities which violate this chapter. However, construction and non-routine town maintenance activities are exempt only if conducted between the hours of 7:00 a.m. and 6:00 p.m., unless explicitly authorized by the Board of Aldermen following general notice to the public and a public hearing;
(h) Commercial and residential construction. The erection, including the excavation, demolition, alteration or repair of any building between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, on Saturdays between 9:00 a.m. and 6:00 p.m. and on Sundays between 10:00 a.m. and 6:00 p.m.;
(i) Emergency repairs and construction. Construction and repairs done in the case of urgent necessity, in the interests of public safety and, where necessary, with a permit from the Building Inspector which permit may be renewed for a period of three days or less while the emergency continues;
(j) Community events.
(1) The normal and customary sounds emanating from a non-recurring community event conducted by a governmental entity, school, church or similar noncommercial entity will not be considered noises or activities which violate this chapter, so long as the event with which the noise is associated begins no earlier than 6:00 a.m. and ends no later than 10:00 p.m. For purposes of this subsection (j), NON-RECURRING shall refer to an event which occurs no more than four times during any calendar year. However, an event can lose its status as a community event under this section if multiple complaints from different sources are received about the noise level emanating from the event, and upon investigation, the police determine that the noise levels at the property boundary of the property upon which the event is conducted closest to the source of the noise, or with respect to events such as parades which utilize the public streets, ten feet or more from the curb or edge of the street pavement when no curb exists, violate the standards set out in § 6-139. If an event loses its status as a “community event” it shall no longer enjoy the presumption under this section that it does not violate the chapter.
(2) Any event or series of events specifically authorized in advance by the Board of Aldermen following general notice to the public and a public hearing may be allowed as a community event, including one for which noise exceeding the limits of § 6-139 is predicted in the town.
(3) The Board of Aldermen shall review the application for permit and make determinations as to the granting or denial of the requested permit based upon the following criteria:
a. The time at which such sounds levels occur;
b. The duration of such sound levels;
c. The proximity of such activities and devices to buildings and to dwellings;
d. The history of complaints generated by previous activities similar in nature and context;
e. The history of complaints against the applicant for unreasonable noise;
f. Whether the sound levels produced by such devices and activities are recurrent, intermittent, constant; and
g. The density of habitation of such zones.
(4) Before approving such event or series of events, the Board of Aldermen shall confirm that notice of the public hearing was posted at least seven days prior to the hearing on the town’s website and in every other place at which the town has posted notice of the meeting during which the public hearing is to take place. The applicant for designation as a community event shall provide a schedule of the starting and ending time of the event, a description of the noise-generating activities which are expected from the event, a summary of all steps which will be taken to mitigate any negative noise impacts of the event, and the location of the event;
(k) Remote vehicle entry or key. The use of a remote vehicle entry or key causing an audible “beep” when used simply to lock or unlock a vehicle prior to or following the reasonable use of the vehicle shall not be considered an excessive, unreasonable or unusually loud noise; and
(l) Ordinary use of power tools. The ordinary use of a noise-causing tool, such as a lawnmower, “weed eater,” circular saw, chainsaw and the like, if used between the hours of 9:00 a.m. and 6:00 p.m. shall not be considered an excessive, unreasonable or unusually loud noise so long as the tool is being used for a legitimate maintenance or construction purpose associated with the property upon which it is utilized, and the person using such tool takes all practical steps to minimize its noise impacts on others.
(Ord. 2014-1, passed 2-11-2014)