[HISTORY: Adopted by the Levy Court of Kent County 11-23-1993 by
Ord. No. 93-11. Amendments noted where applicable.]
All terminology used in this section, not defined herein, shall be in
conformance with applicable publications of the American National Standard
Institute (ANSI) or its successor body.
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 actions.
A motor vehicle used in response to public calamity or to protect
persons or property from imminent danger.
As defined in the Motor Vehicle Code of the State of Delaware, 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 and rockets, which can be propelled by mechanical
means.
An imaginary line which separates the real property owned or possessed
by one person, corporation, business or governmental entity from that owned
or possessed by another person, corporation, business or governmental entity.
Any sound which can be distinctly heard as a single pitch or set
of single pitches. For the purpose of this section, 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 and 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.
[Amended 11-30-1999 by Ord.
No. 99-23]
A.
General prohibition. It shall be unlawful for any person,
corporation or business entity to make, continue or cause to be made or continued
any noise disturbance within the unincorporated areas of Kent County.
B.
Specific prohibitions. It shall be unlawful for any person,
corporation or business entity to make, continue or cause to be made or continued
any of the following noise disturbances within the unincorporated areas of
Kent County.
(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 11:00 p.m. and 7:00 a.m. of the following day in such a manner that
would create a noise disturbance.
(b)
All vehicles operating within the boundaries of Kent
County must comply with the applicable State of Delaware Regulations pursuant
to Title VII of the Delaware Code.
(c)
Aircraft and railroad noise limits. All aircraft and
railroads operating within Kent County shall comply with all applicable federal
and state noise regulations.
(2)
Radios, television sets, phonographs and similar devices:
(a)
Operating or permitting the use or operation of any radio
receiving set, musical instrument(s), television, phonographs, drum, speaker
or other device for the production or reproduction of sound in such a manner
as to cause a noise disturbance.
(b)
Operating any such device, as listed in Subsection B(2)(a) above, between the hours of 11:00 p.m. and the following 7:00 a.m., except in the RS1, RS5, RMH, and RM Zoning Districts between the hours of 9:00 p.m and the following 7:00 a.m., in such a manner as to be:
[Amended 7-23-2002 by Ord.
No. 02-17]
[1]
Plainly audible across real property boundaries or through
partitions common to two parties within a building; or
[2]
Plainly audible 50 feet from such device when operated
within a motor vehicle on a public or private right-of-way or on a public
or private space.
[3]
In such a manner that the noise is a habitual offense
occurring more than one day per week.
(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 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 the 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. Provided, further, that
for purposes of this section "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 11:00 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:
(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 11:00 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 § 161-5 below 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 11:00 p.m. and 7:00 a.m. the following day in residential districts.
(9)
Yelling, shouting, hooting, whistling, etc. Yelling,
shouting, hooting, whistling or generally creating a racket on public streets
between the hours of 11:00 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 11:00 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 7:00 a.m. or after 11:00 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 7:00 a.m. or after 11:00 p.m. The ten-second
time limit on the electromechanical functioning of the signaling device shall
apply to such system testing.
(c)
Stationary emergency signaling devices shall be used
only for testing in compliance with applicable provisions of this section
and for emergency purposes where personnel and equipment are mobilized.
(d)
For the purpose of the enforcement of the provisions
of this section, noise levels may be measured with a sound meter that meets
or exceeds the requirements of American National Standard 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.
[Amended 11-30-1999 by Ord. No. 99-23; 3-2-2004
by Ord. No. 04-03]
A.
Fine. Any person who violates any provision of this chapter
shall be fined according to the following schedule:
B.
Separate offense. Each day that any violation continues
shall constitute a separate offense.
C.
Enforcement. This section shall be enforced by any law
enforcement agency having jurisdiction over the area (site) in which the alleged
offense occurred.
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.
(4)
Municipal services. Noises resulting from the provisions
of municipal services.
(5)
Temporary activities. Any noise resulting from activities
of a temporary duration permitted by law and/or for which a waiver has been
granted by the Division of Inspections and Enforcement.
(6)
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 above in § 161-3B(9)].
(7)
Parades. Parades and public gathering for which a waiver
has been issued.
(8)
Religious chimes, bells, etc. 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 presently installed and in use for any purpose.
(9)
Shooting. Shooting activities at duly sanctioned shooting
organizations: Shooting activity between the hours of 7:00 a.m. and 11:00
p.m. at the outdoor or partially enclosed shooting ranges of organizations
which are affiliated with or recognized by the State of Delaware or a national
sport shooting organization.
(10)
Farm machinery and equipment. Noise emanating from the
operation of machinery and equipment while engaged in agricultural activity.
B.
Exemptions for time to comply. Upon good cause shown
by the owner or responsible party for any noise source, the Division of Inspections
and Enforcement shall have the power to grant an exemption from the requirement
of this section 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 Inspections and Enforcement
on forms provided by the department.
C.
Special waivers:
(1)
Authority. The Division of Inspections and Enforcement
shall have the authority, consistent with this section, to grant special waivers.
(2)
Application. Any person seeking a special waiver pursuant
to this section shall file a written application with the Division of Inspections
and Enforcement. 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. Determining whether to grant or deny
the application, the Division of Inspections and Enforcement 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 regulation and punishment provisions of this section.
(5)
Guidelines. The Division of Inspections and Enforcement
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
the provisions of this section, it shall be unlawful for any person to create
a noise disturbance within the unincorporated area of Kent County. Any one
or combination of the following shall constitute noise disturbances:
A.
Exceeds ambient noise level by 10 dBA. 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 herein.
B.
Exceeds ambient noise level by five dBA in a residential
area. A noise which exceeds the ambient noise level by five dBA at the point
of complaint origination within the receiving property in areas zoned RS1,
RS5, RMH, and RM, except as otherwise regulated herein.
[Added 7-23-2002 by Ord.
No. 02-17[1]]
C.
Certain pure tones, repetitive impulsive sounds, etc.,
exceeding ambient noise level by five dBA. 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.
Levy Court shall restudy this chapter as to its affect on police authorities
and their enforcement thereof two years from its adoption date.
