5-1-7: NOISE PROHIBITED:
   A.   Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection E of this section.
   B.   Definition: An "excessive or unusually loud noise" shall be defined as follows:
      1.   Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels.
      2.   A noise, one minute or more in duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels.
      3.   A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels.
   C.   Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A weighting scale.
      1.   If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located.
      2.   If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source.
   D.   Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified:
 
Zoning Designation Of Property On Which Source Of Noise Is Located
Maximum Number Of Decibels Permitted From 7:00 A.M. To 11:00 P.M.
Maximum Number Of Decibels Permitted From 11:00 P.M. To 7:00 A.M.
All residential zones
excepting HDMF
55 decibels
50 decibels
Commercial plus HDMF
65 decibels
60 decibels
Industrial service zones
80 decibels
75 decibels
 
   E.   Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this section may be made to the town manager or duly authorized representative. The town manager or duly authorized representative may grant the relief as applied for if he/she finds the following:
      1.   That additional time is necessary for the applicant to alter or modify such activity or operation to comply with this section.
      2.   The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this section.
      3.   That no other reasonable alternative is available to the applicant.
      4.   That the permit is necessary for the community's cultural, historical or social benefit. The town manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including, but not limited to, specific times or functions of the noise on location of the noise source. Any permit granted by the town manager under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective.
   F.   Exceptions: The maximum permissible noise limits for the times and zones specified in subsection D of this section shall not apply to sound emitted from the following:
      1.   Any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency;
      2.   Activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the town, including, but not limited to, parades and fireworks displays;
      3.   Any construction equipment operated upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.; provided, however, that the operation of the construction equipment during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety (90) decibels;
      4.   Any snowmaking equipment;
      5.   Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways;
      6.   The sounds of any permitted bells or chimes or the amplified reproductions of the sounds of any bells or chimes played between the hours of eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M., provided that said sounds shall not exceed eighty (80) decibels.
   G.   Motor Vehicle Noise:
      1.   Type Of Vehicle; Time Period: No person shall operate nor shall the owner permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in the table set forth below. The standards set forth in this table shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any conditions of acceleration, deceleration, idle, greater load, and whether or not in motion. Maximum allowable noise levels for motor vehicles shall be as follows:
 
  Type Of Vehicle
Time Period
Maximum Allowable Noise Levels
Measurement Distance
From Vehicle
Vehicles weighing less than 10,000 pounds, manufacturer's gross vehicle weight
Any time
80 decibels
25 feet
Vehicles weighing more than 10,000 pounds, manufacturer's gross vehicle weight
Any time
90 decibels
25 feet
 
      2.   Exhaust Muffler 1 : It is unlawful for any person to drive or move or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehicles at any time  which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the exhaust muffler, air intake muffler, or any other sound reducing device in such a manner that the noise emitted from the motor vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, or b) is increased above the sound pressure level of the vehicle as originally manufactured      .3.   Idling Engines:
         a.   It shall be unlawful for any person to idle or permit the idling of the engine of any bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in excess of twenty (20) minutes within the town limits.
         b.   Notwithstanding subsection G3a of this section, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead mixed use 1, Lionshead mixed use 2, commercial core 1 or the commercial core 2 zone districts of the town.
   H.   Amplified Sounds:
      1.   Purpose: The town council enacts this legislation for the purpose of securing and promoting the public comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance and loud and unnecessary noise.
      2.   Prohibition And Regulation: It shall be unlawful for any person other than the personnel of law enforcement or governmental agencies to install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assemblage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except when installed, used, or operated in compliance with the following provisions:
         a.   In all residential zones, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time.
         b.   The operation or use of sound amplifying for noncommercial purposes in all residential zones and within one hundred feet (100') thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of four thirty o'clock (4:30) P.M. and nine o'clock (9:00) A.M. of the following day.
         c.   At the Gerald R. Ford Amphitheater located within Gerald R. Ford park, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. of the following day.
         d.   In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day on Sunday through Thursday, and between the hours of eleven o'clock (11:00) P.M. and eight o'clock (8:00) A.M. of the following day on Friday and Saturday.
         e.   In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of the following day. The only sounds permitted shall be either music, human speech, or both.
   The sound emanating from sound amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this section shall be as set forth in subsection D of this section. In no event, shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to reasonable persons of normal sensitivity within the area of audibility.
      3.   Permit Required: It shall be unlawful for any person, business or corporation to operate sound amplifying equipment in accordance with this chapter without first obtaining a permit from the town. Application for such permits will be on forms provided by the town. The following information shall be provided by the applicant:
         a.   Name, address and telephone number;
         b.   The place or places the applicant will be playing amplified sound;
         c.   The dates and times the applicant will be playing amplified sound.
   All permits shall be valid for a period of one calendar year.
   I.   Appeal: Appeal of any action of the town manager or duly authorized representative pursuant to subsections E and H of this section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within thirty (30) days following such action with the town council which shall hear said appeal in accordance with its rules of procedure. The town council may confirm, reverse or modify the actions of the town manager or his/her duly authorized representative.
   J.   Penalty: Any person, partnership, association, or corporation convicted of a violation of any provision of this section shall be subject to penalty as provided in section 1-4-1 of this code.
   K.   Four Day Limit:
      1.   Any person wishing to play "amplified sounds" as defined in subsection H of this section during any period not to exceed four (4) consecutive days shall not be required to provide the information set forth in subsection H3 of this section in such person's application.
      2.   Upon the receipt of an application to play amplified sound during any period not to exceed four (4) consecutive days, the town manager, without the necessity of a public hearing, shall either grant or deny the application after consideration of all the relevant factors. Before the town manager shall grant any such application, the town manager shall be required to make the findings set forth in subsection E4 of this section. (Ord. 14(2007) § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. 15(1988) § 1: Ord. 26(1984) § 1: Ord. 32(1982) § 1: Ord. 1(1981) § 1)

 

Notes

1
1. See also section 5-1-8 of this chapter.