[HISTORY: Adopted by the Town Council of the Town of Hudson 7-25-1989 as Ord. No.
O88-6. Amendments noted where applicable.]
Recognizing that people have a right to and should be ensured
an environment free from excessive sound and vibration capable of
jeopardizing their health or safety or welfare or of degrading their
quality of life, this chapter is enacted to protect, preserve and
promote the health, safety, welfare and quality of life for the citizens
of Hudson, New Hampshire, through the reduction, control and prevention
of noise by establishing maximum noise levels upon and between premises,
prohibiting certain noise-producing activities and providing for inspection,
definition of offenses and penalties.
As used in this chapter, the following terms shall have the
meanings indicated:
Terminology which has been most recently approved as American
Standard Acoustical Terminology by the American National Standards
Institute (ANSI S1.1-1960/R 1976), which terminology is incorporated
herein by reference, except as may be otherwise specified.
The hourly energy-equivalent noise level that is produced
by transportation vehicles, natural phenomena and distant activity
which is not related to an offending sound source.
The highest A-weighted sound-pressure level which is exceeded
90% of the time period during which measurement is taken.
Includes the B-1 (Business – Neighborhood) and B-2 (Business – Highway) Zoning Districts, as identified on the Zoning Map of the Town of Hudson, New Hampshire, and as defined in the Zoning Ordinance of the Town of Hudson, New Hampshire (Chapter 334).
A person or company who contracts, either in writing or verbally,
to arrange or supply materials, equipment, or workers to perform tasks
for the purpose of erecting/repairing structures, or moving earthern
materials.
[Added 1-25-2005 by Ord. No. 05-01]
All engine- or motor-powered equipment intended for infrequent
service work in inhabited areas, typically requiring commercial or
skilled operators. (Examples of "commercial power equipment" are log
chippers, paving rollers, etc.)
Any and all physical activity necessary or incidental to
the erection, placement, demolition, assembling, altering, cleaning,
repairing, installing or equipping of buildings and other structures,
public or private highways, roads, premises, parks, utility lines
or other property and shall include land clearing, grading, excavating,
filling and paving.
Any powered device or equipment designed and intended for
use in construction.
A period of 24 hours.
The period between the hours of 7:00 a.m. (seven ante meridian)
and 6:00 p.m. (six post meridian) on weekdays, but excluding holidays.
The A-weighted sound-pressure level in decibels, as measured
by a general purpose sound-level meter complying with the provisions
of the American National Standards Institute in Specifications for
Sound Level Meters (ANSI S1.4 1983), properly calibrated and operated
in accordance with this and other applicable standards and in accordance
with manufacturer's instructions.
The C-weighted sound-pressure level in decibels, as measured
by a general purpose sound-level meter complying with the provisions
of the American National Standards Institute in Specifications for
Sound Level Meters (ANSI S1.4 1983), properly calibrated and operated
in accordance with this and other applicable standards and in accordance
with manufacturer's instructions.
A logarithmic unit of measure used in measuring magnitudes
of sound.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Power equipment intended for use in residential areas by
a homeowner. (Examples include but are not limited to chain saws,
log splitters, power saws, drills, grinders, lawn and garden tools,
etc.)
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
As in RSA 259:28 of the New Hampshire General Laws.
Work made necessary to restore property to a safe condition
following an emergency or work required to protect persons or property
from exposure to imminent danger.
The abbreviation for hertz, a measurement of frequency, equivalent
to cycles per second.
A repeatedly applied sound of short duration (usually less
than one second) characterized by an abrupt onset and rapid decay
and occurring at the rate of less than one per second.
Includes the C (Industrial) Zoning District, as identified on the Zoning Map of the Town of Hudson, New Hampshire, and as defined in the Zoning Ordinance of the Town of Hudson, New Hampshire (Chapter 334).
The same as "residential use."
The A-weighted energy equivalent sound level occurring over
a one-hour period.
As in RSA 259:63 of the New Hampshire General Laws.
As in RSA 259:60 of the New Hampshire General Laws.
A device for abating sounds such as those caused by escaping
or intaking gases.
The hours between 6:00 p.m. (six post meridian) and 7:00
a.m. (seven ante meridian) of the following day on weekdays, together
with all hours on Sunday, Saturday and legally observed holidays.
Numerical valuations of noise exposure which account for
sound level, time varying characteristics and A-weighting. "Noise
descriptors" used in this chapter are the energy equivalent sound
level (Leq) and the background sound level (L90).
The A-weighted sound-pressure level.
The presence of that amount of acoustic energy for that amount
of time necessary to cause one or more of the following effects:
Temporary or permanent hearing loss in persons exposed.
Injury to or tendency to injure, on the basis of current information,
the public health or welfare.
Nuisance.
Interference with the comfortable and reasonable enjoyment of
life and property, or interference with the conduct of business.
Exceeding the limits or restrictions established herein or pursuant
to the granting of any permit by the Town governing body.
That sound-pressure level measured in ranges of frequencies,
referred to by ANSI S1.6-1984 (American National Standard Preferred
Reference Quantities for Acoustical Measurements) as octave bands,
between 31.5 Hz and 16,000 Hz.
An individual, partnership, association, firm, syndicate,
company, trust, corporation, department, bureau or agency or any other
entity recognized by law as the subject of rights and duties.
Any building, structure, land or portion thereof, including
all appurtenances, and includes yards, courts, inner yards and real
properties without buildings or improvements, owned or controlled
by one or more persons. The emitter's "premises" includes contiguous
publicly dedicated street and highway rights-of-way, all real rights-of-way
and waters of the State of New Hampshire.
That real or imaginary line along the ground surface and
its vertical extension which separates real property owned or controlled
by any person from contiguous real property owned or controlled by
another person and separates real property from a public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place owned or controlled by a
governmental entity.
A situation in which the sound-pressure level in any one
octave band exceeds the sound-pressure level in both adjacent octave
bands by three dB or more.
The same as "business use."
As in RSA 259:69 of the New Hampshire General Laws.
Includes the A-1 (Residential -- One), A-1SF (Residential -- One, Single-Family) and A-2 (Residential -- Two) Zoning Districts, as identified on the Zoning Map of the Town of Hudson, New Hampshire, and as defined in the Zoning Ordinance of the Town of Hudson, New Hampshire (Chapter 334).
The same as "residential use."
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations which constitute alterations in pressure
or position of the particles in the medium and which evoke physiological
sensations, including but not limited to an auditory response when
impinging on the ear.
Any instrument used to measure sound-pressure level, conforming,
as a minimum, to the specifications of American National Standard
(ANSI S1.4--1983) for Type 1 precision or Type 2 general purpose sound-level
meters.
That value which is 20 times the logarithm to the base ten
(log10) of the ratio of the root-mean-square pressure to the reference
sound pressure of 20 micronewtons per square meter (20 x 10-6 newtons/meter2), expressed
in decibels (dB).
The Town of Hudson, New Hampshire, or town official(s) whom
the Board of Selectmen designates to enforce this chapter.[1]
The zoning districts and land uses therein, as established by the Zoning Ordinance of the Town of Hudson, New Hampshire (Chapter 334).
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this definition has been revised to replace "Executive
Administrator" and "Town Council" with "Board of Selectmen."
For the purposes of determining sound levels as set forth in
this chapter, the following guidelines shall be applicable:
A.
All persons conducting sound measurements to assess compliance with
this chapter shall be trained in the current techniques and principles
of sound measurement equipment and instrumentation.
B.
Instruments used to measure sound level shall conform, as a minimum,
to the specifications of American National Standard ANSI S1-4--1983
for Type 1 precision or Type 2 general purpose sound-level meters.
C.
The sound-level meter to be used for such measurements shall be capable of measuring and displaying values of noise descriptors, as defined in § 249-2 of this chapter, for established noise limits.
D.
The following steps, as listed below, shall be followed when preparing
to take sound-level measurements:
(1)
The instrument manufacturer's specific instructions for the
preparation and use of the instrument shall be followed.
(2)
The sound-level meter shall be calibrated before and after each set
of measurements.
(3)
When outdoor measurements are taken, a windscreen shall be placed
over the microphone of the sound-level meter in accordance with the
manufacturer's instructions.
(4)
The sound-level meter shall be placed at an angle to the sound source,
as specified by the manufacturer's instructions, and at least
four feet above the ground. The meter shall be placed so as not to
be interfered with by individuals conducting the measurements or by
individuals not conducting the measurements.
(5)
Measurements shall normally be made outside, as near occupied dwellings
as practical, except where the offending noise affects use of outdoor
areas, in which case noise measurements shall be made at a receptor
property line location between the affected outdoor area and the noise
source.
(6)
Ambient background sound levels shall be measured with the sound
level meter set for slow A-weighting response.
(7)
Impulsive noise shall be made with the sound-level meter set for
fast C-weighting response.
No person or persons owning, leasing or controlling the operations
of any source or sources of noise shall willfully, negligently or
through failure to provide necessary equipment or facilities or through
failure to take necessary precautions make or permit the emission
of noise levels or conditions exceeding the following noise limits
for the applicable land use:
A.
Noise Limit 1: General prohibition of noise emissions. No person or persons owning, leasing or controlling the operation of any source or sources of noise shall willfully, negligently or through failure to provide necessary equipment or facilities or to take necessary precautions permit the establishment of a condition or conditions constituting noise pollution, as defined in § 249-2 of this chapter.
B.
Noise Limit 2: Continuous sound-level limits. No person shall cause the continuous sound level to exceed the following limits, as measured at the applicable locations in accordance with the provisions of § 249-3D(5) of this chapter:
|
Continuous
Sound-Level Limits
leq (1 hour3)
| |||
|---|---|---|---|
|
Receptor Land Use Category
|
Daytime
|
Nighttime
| |
|
Residential/rural/institutional1
|
55
|
50
| |
|
Business/recreational2
|
65
|
55
| |
|
Industrial
|
75
|
75
| |
|
NOTES:
| |||
|
1 Hospitals, schools, places of worship,
libraries, public parklands, etc.
| |||
|
2 Public playgrounds, swimming pools,
athletic fields, golf courses, etc.
| |||
|
3 Where the offending source of noise
is nearly constant over a one-hour period, a measurement sampling
period of less than one hour, but no less than five minutes, is permitted.
This measurement shall be made with the sound-level meter set to slow
A-weighting responses.
| |||
C.
Noise Limit 3: Impulsive sound-level limits. No person shall cause an impulsive sound level that exceeds the following limits, as measured at the applicable locations in accordance with the provisions of § 249-3D(5) of this chapter:
|
Impulsive
Sound-Level Limits
Lp (dBC fast)
| |||
|---|---|---|---|
|
Receptor Land Use Category
|
Daytime
|
Nighttime
| |
|
Residential/rural/institutional1
|
67
|
62
| |
|
Business/recreational2
|
77
|
67
| |
|
Industrial
|
87
|
87
| |
|
NOTES:
| |||
|
1 Hospitals, schools, places of worship,
libraries, public parklands, etc.
| |||
|
2 Public playgrounds, swimming pools,
athletic fields, golf courses, etc.
| |||
D.
Noise Limit 4: Background referenced sound level. No person shall cause the background noise level, as defined in § 249-2 of this chapter, to increase by more than 10 dBA in any receptor area at any time of day.
E.
Noise Level 5: Pure-tone conditions. No person shall produce a pure-tone
condition at the nearest receptor buildings or activity areas in rural/residential/-institutional
or business/recreational/industrial zoned property.
F.
Noise Level 6: High noise-level areas. In areas where the ambient
sound level is already as high as or higher than three dB below the
sound-level limits of Noise Limit 2, no person shall cause the noise
level in any area to increase by more than three dB. This limit is
in lieu of Noise Limit 2, but shall not supersede any other noise
limit as defined in this chapter.
G.
Noise Limit 7: Snow-traveling vehicles, trail bikes and off-highway
recreational vehicles. Any person owning, leasing or controlling the
operation of such vehicles shall comply with the provisions of RSA
215-A:12.
H.
Noise Limit 8: Motorboats and powered water vessels. Any person owning,
leasing or controlling the operation of such vehicles shall comply
with the provisions of RSA 270:37.
I.
Noise Limit 9: Construction.
(1)
Outdoor construction by commercial contractors shall only be permitted
Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m.
Such construction shall not exceed the noise limits set forth in Chapter
249-4B and C. Outdoor construction by commercial contractors shall
be prohibited on Sundays and all national holidays. Government operations,
including contracted government operations, are exempt from this Subsection.
[Amended 11-28-1989 by Ord. No. O89-26; 1-25-2005 by Ord. No. 05-01]
(2)
All equipment used for construction shall have properly installed
and maintained silencing systems, as originally furnished by the equipment
manufacturer. Unmuffled exhaust or intake systems on mobile or stationary
equipment shall not be permitted.
J.
Noise Limit 10: Prohibited noise-generating activities. The following
activities are prohibited:
(1)
Vehicle horns. No person shall at any time unreasonably sound any
horn or other audible signal device of a motor vehicle, except authorized
emergency vehicles, unless such sounding is necessary as a warning
to prevent or avoid a vehicle accident.
(2)
Truck idling. No person shall operate an engine or any standing motor
vehicle with a weight in excess of 10,000 pounds GVW (gross vehicle
weight) for a period in excess of 10 minutes when such vehicle is
parked on a residential premises or on a town road next to or across
from a residential premises.
(3)
Exhaust discharge. No person shall discharge into the air the blow-down of any steam vent or the exhaust of any stationary internal-combustion engine or air compressor equipment, unless such discharge is through a muffler capable of controlling the sound level within the limits stated in § 249-4B of this chapter (Noise Limit 2: Continuous noise levels).
A.
Exclusions. Noise limits in this chapter shall not apply to noise
emitted by or related to any of the following:
(1)
Natural phenomena.
(2)
Any bell or chime from any school or church.
(3)
Any siren, whistle or bell lawfully used by emergency vehicles.
(4)
Any siren, whistle or bell or other sound-generating device used
by an alarm system in an emergency situation; provided, however, that
burglar alarms not terminating within 30 minutes after being activated
shall be unlawful.
(5)
Farming equipment or farming activity.
(6)
Any siren, whistle or bell required by law or regulation, which operates
at a sound level appropriate to the environment.
B.
Exemptions. Noise limits of this chapter shall not apply to noise
emitted by or related to the following:
(1)
Noise created by emergency vehicles in the lawful performance of
their duties or as a result of or relating to an emergency.
(2)
Noise from domestic power equipment, such as but not limited to power
saws, chain saws, sanders, grinders, lawn and garden tools or similar
devices, operated between the hours of 7:00 a.m. and 9:00 p.m. weekdays,
and on Saturdays, Sundays and legal holidays between the hours of
9:00 a.m. and 8:00 p.m. when not used for commercial use.
[Amended 5-8-1990 by Ord. No. O90-7]
(3)
Noise from snow removal equipment.
(4)
Noise created by any aircraft flight operations which are specifically
preempted by the Federal Aviation Administration.
(5)
Noise created by any recreational activities which are permitted by law or for which a license or permit has been granted by the Town, including parades or sporting events. Nothing in this section shall be construed as repealing any provision of Chapter 264 of this Code (Racetracks, Motor Vehicle).
A.
For the purpose of determining compliance with the provisions of
this chapter, the governing body of the Town of Hudson or its designated
representatives are hereby authorized to make inspections of all noise
sources and to take measurements and make tests whenever necessary
to determine the quantity and character of noise. In the event that
any person refuses or restricts entry and free access to any part
of a premises or refuses inspection, testing or noise measurement
of any activity, device, facility or process where inspection is sought,
the governing body or its designated representative may seek from
the appropriate court a warrant for the purpose of inspecting, testing
or measuring noise at a reasonable time without interference, restriction
or obstruction.
B.
It shall be unlawful for any person to refuse to allow or permit
the governing body of the Town of Hudson or its designated representative
free access to any premises when the governing body or its designated
representative is acting in compliance with a warrant for inspection
or with an order issued by the appropriate court.
C.
It shall be unlawful for any person to violate the provisions of
any warrant or court order requiring inspection, testing or measurement
of noise sources.
D.
No person shall hinder, obstruct, delay, resist, prevent in any way
or interfere or attempt to interfere with any authorized person while
in the performance of his/her duties in accordance with this chapter.
A.
Any person owning, leasing or controlling the operation of any source or sources of noise who willfully, negligently or through failure to provide necessary equipment or facilities or through failure to take necessary precautions exceeds the noise limits of § 249-4 of this chapter is guilty of a violation of this chapter.
B.
If the Town notifies a person of a violation of this chapter and
orders the person to cease a violation, in writing, each day such
violation continues after the written notice of violation is served
constitutes a separate violation. For the purposes of this section,
the day of service of a notice is the day the notice is received,
if served in hand or by certified mail, return receipt, or is the
third day after the day of mailing, if the notice is served by ordinary
mail.
C.
A person convicted of a violation of this chapter shall be fined
$100 for the first offense, $200 for the second offense and $500 for
each subsequent offense if committed within one year of the first
offense.
D.
The Town or any person owning, leasing or residing in real property in the Town of Hudson or conducting a business of any kind in the Town of Hudson may file a complaint in the district court or other court with competent jurisdiction against any person violating this chapter, provided that the person filing the complaint presents evidence of a violation of § 249-4 of this chapter using the guidelines set forth in § 249-3.
This Noise Ordinance shall not relieve any person from complying
with other laws, statutes, codes, regulations or ordinances of the
State of New Hampshire or of the Town of Hudson, New Hampshire.
Each of the noise limits delineated in § 249-4 of this chapter shall be construed as separate to the end that, if any noise limit or section, sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of this chapter shall continue in full force.
