[HISTORY: Adopted by the Town Council of
the Town of Charlestown 8-14-1979 as Secs. 8-4 and 8-5 of the Code of Ordinances, amended
in its entirety 6-21-2004 by Ord. No. 259. Subsequent amendments
noted where applicable.]
The Town Council finds and declares that:
A.
Excessive noise is a serious hazard to the public
health and welfare and quality of life in the town.
B.
Each person has a right to an environment reasonably
free from noise, which jeopardizes health or welfare or unnecessarily
degrades the quality of life.
C.
The purpose of this chapter is to establish standards
for the control of noise pollution in the town to protect the public
health, safety and general welfare.
D.
This chapter may be cited as the "Noise Control Ordinance
of the Town of "Charlestown."
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:
Any and all outside activity necessary or incidental to the
erection, assembling, altering, installing, repair or equipping of
buildings, roadways, infrastructure, or utilities including drilling,
blasting, mining, land clearing, grading, excavating and filling.
Any dismantling, intentional destruction or removal of structures,
infrastructure, utilities, public or private right-of-way surfaces,
or similar property.
Any use, process, operation, operative or activity, which
causes or creates noise which exceeds reasonable persons' standard
for loudness, duration or repetitiveness.
Engine- or motor-powered tools and equipment used occasionally
in the repair and upkeep of exterior property and including, but not
limited to, lawn mowers, riding tractors, power saws and leaf blower,
which are used and maintained in accordance with the manufacturer's
specifications.
Lawn care and grounds maintenance using the appropriate property
maintenance equipment.
The provisions of this chapter shall not apply
to:
A.
The operation of snow removal equipment at any time
provided that such equipment shall be maintained in good repair so
as to minimize noise. Noise discharged from exhausts shall be adequately
muffled so as to prevent loud and/or explosive sounds.
B.
All agricultural activities.
C.
Public emergency activities required to ensure the
health, safety and welfare of the citizenry.
D.
The emission of sound from municipally sponsored,
approved or licensed celebrations, events, or activities.
A.
Sales by "hawking" or "barking." No person shall create
a noise disturbance by offering for sale or selling anything by shouting
or outcry across a real property boundary.
B.
Vehicle or watercraft repairs or testing. No person
shall repair, rebuild, modify or test any motor vehicle, motorcycle
or watercraft in such a manner as to cause a noise disturbance across
a real property boundary.
C.
Musical instruments and similar devices. No person
shall operate, play or permit the operation or playing of any drum,
musical instrument or similar device, which produces sound in such
a manner as to create a noise disturbance across a residential real
property boundary.
D.
Sound equipment and amplifying devices. No person
shall operate, play or permit the operation or playing of any radio,
television, phonograph, cd or other electronic sound-amplifying equipment
or devices, in a motor vehicle, on a motorcycle, on a watercraft,
in a building or outdoors so as to create a noise disturbance.
E.
Animals and birds. No person shall own, possess or
harbor any animal or bird which frequently or for a continued duration
emits sound that is native to the species, which sound causes a noise
disturbance.
A.
This chapter shall be enforced by the Police Department.
Violators shall be prosecuted by the Chief of Police of the Town of
Charlestown or his/her designee by issuance of a summons in the Municipal
Court.
[Amended 8-20-2012 by Ord. No. 352]
B.
Whenever a violation of this chapter occurs and two
or more persons are present in or on the lot from which the sound
emanates, and it is impossible to determine which of such persons
is the violator, the owner of the lot, if present, shall be presumed
responsible for the violation. In the absence of such owner, the tenant
or tenants of such lot or any person present shall be held responsible
for the violation.
C.
An action for injunctive relief against the owner
and/or tenant of the lot may be brought in the case of continuing
violations and the owner of the property shall be notified.
Any person who shall violate any provision of
this chapter may be subject to a fine of not more than one hundred
dollars ($100.00) for a first offense and a fine of not more than
two hundred doddars ($200.00) for the second and each subsequent offense.
