Chapter 9.70
NOISE CONTROL
Sections:
9.70.040 Exemptions and permits.
9.70.050 Violation – Evidence of noise level.
9.70.060 Penalty – Payment of fines.
Appendix A Scientific definitions.
9.70.010 Definitions.
(A) For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (See Appendix A of this chapter for more concise scientific definitions.)
“A-weighted sound level” means the loudness of a sound measured through a filtering device intended to simulate human hearing. The level is designated db(A) or dBA.
“Commercial zone” means Zones BP, B-1, B-1(A), BR, B-2 and B-3 as established by the town zoning ordinance.
“Decibel (dB)” means a unit for measuring the sound pressure level of a sound.
“Frequency” means an objective way to describe the pitch of sound.
“Hertz (Hz)” means a unit for measuring the frequency of a sound (sometimes called cycles per second).
“Industrial zone” means Zones I-1 and I-2 as established by the town zoning ordinance.
“Light motor vehicles” means any motorized vehicle, including automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes, and trucks with gross vehicular weight of less than 8,000 pounds.
“Modified and defective exhaust systems” means an exhaust system in which the original noise abatement devices have been physically altered, causing them to be less effective in reducing noise than their original devices, or devices that have been added to the original noise abatement devices such that noise levels are increased.
“Noise” means any unwanted sound.
“Noise level” means the A-weighted sound level produced by a motor vehicle.
“Octave band” means a way to divide the entire frequency range of sound into sections for more accurate measurements.
“Person” means any individual, association, partnership, firm, corporation, company, or organization of any kind.
“Plainly audible” means any noise for which the information content is unambiguously communicated to the listener, including understandable spoken speech, comprehension of whether a voice is raised (agitated) or normal, or comprehensible musical rhythms.
“Residential zones” means Zones R-1, R-2 and R-3 as established in the town zoning ordinance.
“Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averages, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made on a db(A) scale.
“Sound pressure level” means an objective way to describe the loudness of a sound.
“Traffic noise” means sound made by a motor vehicle operated either on the public right-of-way or private property.
(B) All definitions and terminology used in this chapter shall be defined in conformance with applicable publications of the American National Standards Institute (ANSI), or its successor body. [Ord. 1147 § 1, 2000. Code 2000 § 95.01].
9.70.020 Restrictions.
(A) General Prohibitions. No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety, or welfare of any person, or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restrictions listed in the following subsections.
(B) Specific Restrictions. The following acts are declared to be unlawful:
(1) Radios, Television Sets, Musical Instruments, Tape or Record Players, Amplifiers and Similar Devices. Operating or permitting the use or operation of any such device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible across property boundaries or through partitions common to two or more persons within a building.
(2) Domestic Power Tools. Operating or permitting the use or operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used outdoors between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby.
(3) Construction. Operating or permitting the operation of any tool or equipment used in construction, drilling or demolition between the hours of 8:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby.
(4) Horns and Signaling Devices. Operating a horn or other audible signaling device on any motor vehicle except in an emergency or when required by law.
(5) Lawnmower. Operating or permitting the operation of a lawnmower between the hours of 9:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby.
(6) Snowblower and/or Snowplowing. Operating or permitting the operation of a snowblower and/or the operation of a snowplow between the hours of 12:00 midnight and 6:00 a.m. in a residential district is hereby prohibited.
(7) Motor Vehicles. Playing, using, operating or permitting to be played, used or operated any radio, tape recorder, cassette player or other device for receiving a broadcast sound or reproducing recorded sound, if the device is located in the public way or in any motor vehicle on the public way, if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 50 feet.
(8) Participation in Noisy Parties or Gatherings. Participation in any party or gathering between the hours of 10:00 p.m. and 7:00 a.m. giving rise to noise that is plainly audible across property boundaries or between partitions common to two or more persons within a building.
(9) Animals. Harboring or keeping any animal which, by causing frequent or long continued noise, shall disturb or annoy any reasonable person nearby. [Ord. 1147 § 1, 2000; Ord. 1361 § 1, 2007; Ord. 1665 § 1, 2018. Code 2000 § 95.02].
Penalty, see HMC 9.70.060.
9.70.030 Quantitative limits.
(A) Motor Vehicles.
(1) It shall be unlawful for any person to cause the sound pressure level of the noise emitted during the operation of a light motor vehicle to exceed 80 dBA in speed zones of 35 miles per hour or less within the corporate limits of the town. The sound pressure level measurement shall be made at a distance of not less than 15 feet from the noise source.
(2) It shall be unlawful for any person to operate a light motor vehicle which causes excessive noise as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, deceleration, engine revving, or tire squealing.
(B) Stationary Source. (See Appendix B of this chapter for octave-band breakdowns of the dBA limits for each zone.)
(1) It shall be unlawful for any person to cause the sound pressure level to exceed the limits listed below at any point on the boundary of the property where the person is located.
(a) If the person is located within a residential zone: 55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
(b) If the person is located within a commercial zone: 64 dBA between the hours of 7:00 a.m. to 11:00 p.m., and 55 dBA between the hours of 11:00 p.m. and 7:00 a.m.
(c) If the person is located within an industrial zone: 66 dBA between the hours of 7:00 a.m. to 11:00 p.m. and 55 dBA between the hours of 11:00 p.m. and 7:00 a.m.
(2) If the property boundary lies between two zones, the lower limit shall apply regardless of the zone in which the person creating the noise is located.
(3) In addition to the above, no person within a residential or commercial zone shall make or cause to be made any earthshaking vibrations perceptible without the aid of instruments beyond the property boundary of the vibration source. No person within an industrial zone shall make or cause to be made any earthshaking vibrations perceptible without the aid of instruments beyond the zone boundary of the zone in which the vibration source is located. [Ord. 1147 § 1, 2000. Code 2000 § 95.03].
Penalty, see HMC 9.70.060.
9.70.040 Exemptions and permits.
(A) The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency, such as standby power generation equipment to operate sanitary lift stations during a power outage.
(B) The provisions of this chapter shall not apply to any industry existing in the town one year prior to the passage of this chapter and located in an area zoned heavy industry (I-2).
(C) The provisions of this chapter shall not apply to any activities or events that are either solely conducted by the town or the school, or conducted in cooperation with another organization by either the town or the school, including parades, festivals, sporting events, concerts or fireworks displays.
(D) The clerk-treasurer shall have the authority to issue permits for:
(1) Holidays, celebrations, concerts, parades, block parties or other special events (public or personal).
(2) Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of this chapter would constitute an unreasonable hardship on the applicant, the community, or other persons, and that the adverse impact on the health, safety, and welfare of persons affected by the permit has been outweighed by such hardship. Permits may contain any conditions (including a time limit) that are necessary to limit the adverse impact of the activity.
(E) Noncompliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this chapter.
(F) The clerk-treasurer may issue guidelines defining the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit. [Ord. 1147 § 1, 2000. Code 2000 § 95.05].
Penalty, see HMC 9.70.060.
9.70.050 Violation – Evidence of noise level.
(A) In any prosecution for a violation of this chapter, the court may admit evidence of a noise level as tested by a sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for type II equipment. A person shall be found guilty of violation of this chapter for the emission of the excessive noise from or on any motor vehicle source or stationary source in excess of the limitations established herein.
(B) It shall be unlawful for any person to violate the provisions of this chapter. Whenever any police officer makes an arrest for violation of this chapter, he shall take down the name, address, operator’s license number, and registration number of the vehicle, if readily available, if applicable, and shall issue to the alleged violator, in writing on the form provided by the police officer, a citation for a violation. [Ord. 1147 § 1, 2000; Code 2000 § 95.06].
Penalty, see HMC 9.70.060.
9.70.060 Penalty – Payment of fines.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violations bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(B) If such person, entity or organization shall violate any provisions of this chapter and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violation shall be construed as justiciable offenses, and upon conviction or a finding of liable, shall be subject to a fine of no more than $2,500 per violation. Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(C) During any trial concerning the provisions of this chapter, the court may admit evidence of the sound pressure level as tested by a sound level meter which meets or exceeds ANSI specifications for type II equipment.
(D) In the event a noise violation persists, in addition to the town assessing a fine for each day the noise continues, the town attorney may proceed to seek injunctive relief to enjoin the noise ordinance, pursuant to IC 36-1-6-4. [Ord. 1474 § 1, 2010; amended during 2012 recodification. Code 2000 § 95.06].
Appendix A Scientific definitions.
The concise, scientific definitions of the terms used in this chapter shall be:
“A-weighted sound level” means the sound pressure level of a sound measured through an A-weighting filter network. The level read is designated dB(A) or dBA.
“Decibel (dB)” means the unit used for comparing the sound pressure level of a sound to the sound pressure level of a reference sound having a sound pressure of 20 micropascals.
“Frequency” means the number of periodic oscillations, vibrations, or waves per unit time (usually one second).
“Hertz (Hz)” means the unit used for measuring the frequency of a sound. The number of Hertz is the number of cycles per second of a periodic sound pressure wave.
“Octave band” means a portion of the entire sound frequency spectrum contained between two frequencies a and b, such that a = 2b.
“Sound pressure level” means 20 times the logarithm (base 10) of the ratio of the measured sound pressure to a reference of 20 micropascals. The sound pressure level is expressed in decibels (dB).
|
SPL = 20 LOG10 |
sound pressure a |
|
sound pressure b |
sound pressure a = measured sound pressure
sound pressure b = reference sound pressure (20 micropascals)
[Ord. 1147 § 1, 2000. Code 2000 Ch. 95, Appx. A].
Appendix B dBA limits.
The octave-band breakdowns of the dBA limits used in this chapter shall be:
|
(A) For a residential zone: (55 dBA) |
|
|
Octave-Band Center Frequency (hx) |
Maximum Boundary SPL (dB) |
|
31.5 |
72 |
|
63 |
71 |
|
125 |
65 |
|
250 |
57 |
|
500 |
51 |
|
1,000 |
45 |
|
2,000 |
39 |
|
4,000 |
34 |
|
8,000 |
32 |
|
(B) For a commercial zone: (64 dBA) |
|
|
Octave-Band Center Frequency (hx) |
Maximum Boundary SPL (dB) |
|
31.5 |
79 |
|
63 |
78 |
|
125 |
73 |
|
250 |
67 |
|
500 |
61 |
|
1,000 |
55 |
|
2,000 |
50 |
|
4,000 |
56 |
|
8,000 |
43 |
|
(C) For an industrial zone: (66 dBA) |
|
|
Octave-Band Center Frequency (hx) |
Maximum Boundary SPL (dB) |
|
31.5 |
80 |
|
63 |
79 |
|
125 |
74 |
|
250 |
69 |
|
500 |
63 |
|
1,000 |
57 |
|
2,000 |
52 |
|
4,000 |
48 |
|
8,000 |
45 |
[Ord. 1147 § 1, 2000. Code 2000 Ch. 95, Appx. B].