[HISTORY: Adopted by the Mayor and Council
of the Town of Middletown 9-8-1998. Amendments noted where applicable.]
A.
All terminology used in this chapter, not defined
in this section, shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
B.
AMBIENT NOISE LEVEL
DECIBEL
EMERGENCY
EMERGENCY VEHICLE
MOTOR VEHICLE
NOISE
NOISE DISTURBANCE
NOISE, PLAINLY AUDIBLE
POWERED MODEL VEHICLES
PROPERTY BOUNDARY
PURE TONE
SOUND
WEEKDAY
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:
The all-encompassing background noise associated with a given
environment without the sound contribution of the specific source
in question.
A standard unit for measuring the sound-pressure level. It
is equal to 20 times the logarithm to the base 10 of the ratio of
the pressure of the sound measured to a reference pressure which is
20 micropascals; denoted as "dB."
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
A motor vehicle used in response to public calamity or to
protect persons or property from imminent danger.
The same as defined in the state Motor Vehicle Code[1] or any vehicles which are propelled or drawn by mechanical
equipment, such as but not limited to passenger cars, trucks, truck
trailers, semitrailers, campers, motorcycles, minibikes, go-carts,
snowmobiles, mopeds, amphibious craft on land, dune buggies or racing
vehicles.
Any sound which is unwanted or which causes or tends to cause
any adverse physiological or psychological effect on human beings.
Any sound which:
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as but not limited
to understandable spoken speech or comprehensible musical rhythms.
Any powered vehicles, either airborne, waterborne or landborne,
which are designed not to carry persons or property, such as but not
limited to model airplanes, boats, cars, rockets, which can be propelled
by mechanical means.
An imaginary line which separates the real property owned
or possessed by one person or governmental entity from that owned
or possessed by another person or government entity.
Any sound which can be distinctly heard as a single pitch
or set of single pitches. For the purpose of this chapter, a "pure
tone" shall exist if the 1/3 octave band sound-pressure level and
the band with the tone exceeds the arithmetic average of the sound-pressure
level of the two contiguous 1/3 octave bands by 15 dB for bands with
center frequencies less than 160 Hz, eight dB for bands with center
frequencies of 160 Hz to 400 Hz and by five dB for bands with center
frequencies greater than 400 Hz.
A temporal and spatial oscillation in pressure or other physical
quantity, in a medium with internal forces that causes compression
and rarefaction of that medium and which propagates at finite speed
to distant points.
Any Monday, Tuesday, Wednesday, Thursday or Friday which
is not legally designated a holiday.
[1]
Editor's Note: See 21 Del. C. § 101
et seq.
A.
General prohibition. It shall be unlawful for any
person to make, continue or cause to be made or continued noise disturbance
within the Town.
B.
Specific prohibitions. It shall be unlawful for any
person to make, continue or cause to be made or continued any noise
disturbances in the Town in any of the following manners:
(1)
Motor vehicles, horns and motor vehicle signaling
devices.
(a)
It shall be unlawful for any person within any
residential district to repair, rebuild, test, race or gun any motor
vehicle between the hours of 9:00 p.m. and 8:00 a.m. of the following
day in such a manner that would create a noise disturbance.
(b)
All vehicles operating within the boundaries
of the Town must comply with the applicable state regulations pursuant
to 7 Del. C. § 101 et seq.
(c)
All aircraft and railroads operating within
the Town shall comply with all applicable federal and state noise
restrictions.
(2)
Radios, television sets, phonographs and similar devices.
(a)
Operating or permitting the use or operation
of any radio receiving set, musical instruments, television, phonograph,
drum, speaker or loudspeaker or other device for the production or
reproduction of sound in such a manner as to cause a noise disturbance.
(3)
Animals. Owning, possessing, harboring or controlling
any animal or bird which causes a noise disturbance by barking, baying,
crying, squawking or by making any other noise continuously or incessantly
for a period of 10 minutes or which makes such noises intermittently
for 1/2 hour or more; provided, however, that at the time the animal
or bird is making such noise no person is trespassing or threatening
to trespass upon private property in or upon which the animal or bird
is situated or that no person other than the owner, controller or
possessor of the animal was teasing or provoking the animal or bird
at the time it made such noise. For purposes of this section, the
term "animals and birds" shall not include livestock or poultry which
are raised or kept as part of a farm operation which is actively devoted
to the production for sale of plants and animals useful to people.
(4)
Loading operations. Loading, unloading, opening or
otherwise handling boxes, crates, containers or other similar objects
between the hours of 10:00 p.m. and 7:00 a.m. the following day in
such manner as to create a noise disturbance within a residential
district, except during an emergency.
(5)
Construction noise. Operating or causing to be operated
any equipment used in commercial construction, repair, alteration
or demolition work on buildings, structures, streets, alleys or appurtenances
thereto in the following manner:
(a)
With sound control devices that have been tampered
with.
(b)
In violation of any regulation of the United
States Environmental Protection Agency.
(c)
Between the hours of 9:00 p.m. and 7:00 a.m. the following day
except for Sundays and legal holidays. On Sundays and legal holidays,
work shall not being before 10:00 a.m.
[Amended 8-7-2017 by Ord. No.
17-07-01]
(6)
Explosives, firearms and similar devices. The use
or firing of explosives, firearms or similar devices as to cause a
noise disturbance within a residential district or public right-of-way.
(7)
Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 9:00 p.m. and 7:00 a.m. the following morning. Maximum sound-pressure levels during the permitted period of operation shall conform to those set forth in § 100-5 and shall be measured at the property line of the source or at a distance of 100 feet if it is operated in a public place.
(8)
Refuse compacting vehicles. Operating or permitting
to be operated any motor vehicle which can compact refuse and which
creates, during the compacting cycle, a sound-pressure level in excess
of 94 dB(A) when measured at 50 feet from any point of the vehicle
or between the hours of 8:30 p.m. and 6:00 a.m. the following day
in residential districts.
(9)
Yelling, shouting, hooting, whistling. Yelling, shouting,
hooting, whistling or generally creating a racket on public streets
between the hours of 10:00 p.m. and 7:00 a.m. the following day so
as to be plainly audible at the nearest property line or to a bystander
or create a noise disturbance.
(10)
Power equipment. Operating or permitting to be operated
any power saw, sander, drill, grinder, garden equipment or tools of
a similar nature outdoors in residential districts between the hours
of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to
create a noise disturbance.
(11)
Stationary emergency signaling devices.
(a)
Testing of only the electrical mechanical functioning
of a stationary emergency signaling device shall occur at the same
time each day that a test is performed, but not before 8:00 a.m. or
after 8:00 p.m. Any such testing shall only use the minimum cycle
test time. In no case shall such test time exceed 10 seconds.
(b)
Testing of the complete emergency signaling
system, including the electromechanical functioning of the signaling
device and the personnel response to the signal, shall not occur more
than once each calendar month. Such testing shall not occur before
8:00 a.m. or after 8:00 p.m. The ten-second time limit on the electromechanical
functioning of the signaling device shall not apply to such system
testing.
(c)
Stationary emergency signaling devices shall
be used only for testing in compliance with applicable sections of
this chapter and for emergency purposes where personnel and equipment
are mobilized.
(d)
For the purpose of the enforcement of this section,
noise levels shall be measured with a sound meter that meets or exceeds
the requirements of American National Standards Institute specification
for sound level meters (ANSI S1.4-1971), approved April 27, 1971,
and issued by the American National Standards Institute, for Types
I, II or S sound level meters. A sound level calibration instrument
of the coupler type shall be used to calibrate the sound level meter
in decibel units, and such instrument shall produce a calibration
sound-pressure level.
A.
Verbal order. Any person who violates any portion
of this chapter shall receive a verbal order to cease or abate the
noise immediately.
B.
Fine. Any person who fails to comply with the order to cease or abate the noise or who does comply but then again violates the order within 96 hours shall be subject to the penalties provided in § 100-6.
C.
Enforcement. This section shall be enforced by the
Town Department of Public Safety.
A.
Exceptions. The following uses of an activity shall
be exempt from noise level regulations:
(1)
Safety signals. Noise of safety signals and warning
devices.
(2)
Authorized emergency vehicles. Noises resulting from
any authorized vehicle, when responding to an emergency.
(3)
Municipal services. Noises resulting from the provision
of municipal services.
(4)
Temporary activities. Any noise resulting from activities
of a temporary duration permitted by law or for which a waiver has
been granted by the Division of Development and Licensing of the Department
of Public Works.
(5)
Certain unamplified human voices. The unamplified human voice and unamplified crowd noises resulting from activities such as those planned by day-care centers, schools, governmental and community groups, except as specified in § 100-2B(9).
(6)
Parades. Parades and public gatherings for which a
special waiver has been issued.
(7)
Religious chimes, bells, carillons. Bells, chimes,
carillons while being used for religious purposes or in conjunction
with religious services or for national celebrations or public holidays
and those bells, chimes, carillons that are installed and in use for
any purpose.
(8)
Shooting activities at duly sanctioned shooting organizations.
Shooting activity between the hours of 8:00 a.m. and 10:00 p.m. at
the outdoor or partially enclosed shooting ranges of organizations
which are affiliated with or recognized by the state or a national
sport shooting organization.
B.
Exemptions for time to comply. Upon good cause shown
by the owner or responsible party for any noise source, the Division
of Development and Licensing of the Department of Public Works shall
have the power to grant an exemption from the requirements of this
chapter in order to allow sufficient time for installation of needed
control equipment, facilities or modifications to achieve compliance,
not to exceed 10 days, provided that such exemption may be renewed
as necessary, but only if satisfactory progress toward compliance
is shown. A request for exemption shall be filed in writing with the
Division of Development and Licensing of the Department of Public
Works on forms provided by the Division of Development and Licensing
of the Department of Public Works.
C.
Special waivers.
(1)
Authority. The Division of Development and Licensing
of the Department of Public Works shall have the authority, consistent
with this section, to grant special waivers.
(2)
Application. Any person seeking a special waiver pursuant
to this chapter shall file a written application with the Division
of Development and Licensing of the Department of Public Works. The
written application shall contain information which demonstrates that
bringing the source of sound or activity for which the special waiver
is sought into compliance with this chapter would constitute an unreasonable
hardship on the applicant or the community or for another purpose.
(3)
Issuance or denial. In determining whether to grant
or deny the application, the Division of Development and Licensing
of the Department of Public Works shall balance the hardship to the
applicant, the community and other persons of not granting the special
waiver against the adverse impact on the health, safety and welfare
of persons affected, the adverse impact of property affected and any
other adverse impacts of granting the special waiver.
(4)
Special waivers. Special waivers shall be granted
by notice to the applicant and may include all necessary conditions,
including the time limits on the permitted activity. The special waiver
shall not become effective until all conditions are agreed to by the
applicants. Noncompliance with any condition of the special waiver
shall terminate it and subject the person holding it to the regulations
and punishment of this chapter.
(5)
Guidelines. The Division of Development and Licensing
of the Department of Public Works may issue guidelines defining the
procedures to be followed in applying for special waivers and the
criteria to be considered in deciding whether to grant a special waiver.
Unless a person has been granted a special waiver
in accordance with this chapter, it shall be unlawful for any person
to create a noise disturbance. Any one or combination of the following
shall constitute noise disturbances:
A.
A noise which exceeds the ambient noise level by 10
dBA at the point of complaint origination within the receiving property,
except as otherwise regulated in this chapter.
B.
Any stationary source of sound which admits a pure
tone, cyclically varying sound or repetitive impulsive sound shall
be considered a noise disturbance if the sound exceeds the ambient
noise level by five dBA.
[Amended 12-3-2007]
Violation of this chapter shall be punishable
by a fine of $75 per day per offense.