noise ordinance review - official website | official website

8/24/2015

Compliance Environmental, Inc. 1

City of Newark

Chapter 20A Noise OrdinanceReview and Recommendations

Compliance Environmental, Inc.

Compliance Environmental, Inc. 1August 2015

August 2015 Compliance Environmental, Inc. 2

City of NewarkNoise OrdinanceCh. 20A

DelawareRegulations GoverningThe Control of NoiseTitle 7, 1149

New Castle CountyNoise ControlSec. 22.02.007

RESIDENTIAL

BUSINESS

UNIVERSITY

INDUSTRIAL

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Noise Ordinance Review

• Compliance Environmental, Inc. was engaged to:– Review past and current experiences with the

noise ordinance.– Review other noise ordinances for comparison.– Provide analysis to determine opportunities to

strengthen the ordinance within its framework.– Present findings and provide recommendations.


Past Experience with the Current Noise Ordinance

• The current noise ordinance is providing protective measures.

• No major issues are known with the application of the ordinance or its ability to protect.

• Updating of the ordinance is needed to clarify requirements, add definitions, and change acceptable noise levels.


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Updating Needed(Last Updated)

• Noise Disturbance (Sec. 2)……………… 1988• Allowable Noise Levels (Sec. 6)………. 1988• Noises Prohibited (Sec. 4)………………. 1991• Definitions (Sec. 2)…………………………. 1988



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Uses

• The noise ordinance is primarily used for enforcement, the permitting process for building applications, and a framework for a reduction in sound levels within the City.


Trends

• Noise ordinances generally have been placing more emphasis on the use of “Plainly Audible” standards in lieu of measuring sound with a sound level meter. Our noise ordinance already has a plainly audible definition.

• Some reasons for this trend are the difficulties with measuring sound with a meter and the need for clearer enforcement criteria.


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Sound Meter Usage

• Sound meters are difficult to use correctly due to changing environmental factors, absorption and reflecting of sound, maintenance and calibration and interpretation of the data.

• Sound meter data will take time to analyze.• However, sound meters are useful for

anticipating and confirming planned sound impacts for stationary sound sources.


Trends• Federal standards for vehicles are stricter

reducing noise emission from vehicles.• Most construction materials now have Noise

Reduction Coefficients which measures how well materials stop sound from reflecting (how much sound they can absorb) for more accurate prediction of sound.

• Manufacturers have reduced noise generated from equipment operation.

• Building codes are sensitive to noise ratings of construction materials.


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Challenges

• Challenges that noise ordinances must overcome are generally:– How to anticipate human ear perceived loudness

(volume).• People differences in what is perceived loudness.• The perceived loudness at 93 decibels (50 Hz) is similar

to 87 decibels (5 kHz).

– The differences in stationary and mobile sound.• As distance increases, the level of sound (sound

pressure) will drop.


Challenges

• More challenges:

– Defining ambient (background) noise.• Background noise levels changes with weather, activity

level during the day from several sound generating sources, and seasons.


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Challenges

• More challenges:– Allowable sound generation levels in residential

vs. business districts.• Drawing the line.• Differing standards based upon activity or Districts.

– Setting reasonable maximum noise levels.

– Where do we measure or observe the sound to enforce the ordinance?


Where do we measure or observe the sound?

• Problem: If we measure the sound at the sound source and if maximum allowable noise limit in the ordinance is set too low, some common noise sources could be in violation of the ordinance.

• Examples:– Normal Speech = 60 decibels– Window Air Conditioner = 50 decibels

• Trend: Measure (observe) sound at point of compliant within the sound receiving property not at the source of the sound.


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Property Boundary

StationaryContinuous

Source of Sound

Sound Receiver

60 54 48 42

Measure Here60

Measure Here48

Measure Here42

Sound Source

EXAMPLE:

“Within the Receiving Property”“Point beyond the boundary of the property on which the source of noise is located.”

Noise measurement within the receiving property provision.

• The State of Delaware uses this provision: Regulations Governing the Control of Noise (Title 7, 1149).

• New Castle County also uses this provision: Noise Control (Sec. 22.02.007).


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50

80

100

65

PEAKSContinuous

NOISE SOURCE PERCEIVEDHEARING

Perceived Hearing

• General loudness (volume) perception:1 to 2 decibel increase – Hard to detect.3 decibel increase – Approx. 20 % louder.6 decibel increase – Approx. 50 % louder.10 decibel increase – Approx. twice as loud.20 decibel increase – Approx. four times louder.


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CONTENTS

• Noise Disturbance (Sec. 2 (14))• Allowable Noise Levels (Sec. 6)• Noises Prohibited (Sec. 4)• Definitions (Sec. 2)• General Recommendations• Questions and Discussion


NOISE DISTURBANCESECTION 20A-2 (14)


A Noise disturbance is defined as any sound which could have any four (4) characteristics.

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Noise Disturbancea. Endangers or injures the safety or health of

humans or animals, orb. Annoys or disturbs a reasonable person of

normal sensibilities, orc. Jeopardizes the value of property and

erodes the integrity of the environment, ord. Is in excess of the allowable noise levels

established in Section 20A-6 herein.


(CEI): No change.

ALLOWABLE NOISE LEVELSSECTION 20A-6


This section defines Noise disturbance as any one or a combination of any of five (5) provisions. Also provides provision for use of a sound level meter.

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Allowable Noise Levels(a) Unless granted a special a waiver,

unlawful to create a noise disturbance. Any one or combination of the following shall constitute noise disturbances:

(CEI): No change.


Allowable Noise Levels(1) A noise which exceeds the ambient noise

level by ten dBA at a point beyond the boundary of the property on which the source of noise is located, except as otherwise regulated herein.

(CEI): No change.


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Allowable Noise Levels(2) 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.

(CEI): No change.


Allowable Noise Levels(3) Any source of sound which emits an

impulse….shall not exceed the peak level set forth below at a point beyond the boundary of the property on which the source of noise is located.

(a) Residential districts-9:00 pm and 7:00 am-80 dBA(b) All other districts and at all other times-100 dBA

(CEI): No change.


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Allowable Noise Levels

(4) Any source of sound which emits infrasound or ultrasound frequencies, shall not exceed 100 dBA when measuredat a point beyond the boundary of the property on which the source of noise is located.

(CEI): No change.


Allowable Noise Levels(5) Operate or cause to be operated any

stationary source of sound in such a manner as to create a 24-hr equivalent A-weighted sound level which exceeds the Leq limits for the receiving land use category when measured at a point beyond the boundary of the property on which the source of noise is located.

(CEI): No change.Compliance Environmental, Inc. 28August 2015

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Allowable Noise Levels(Sec. 6, a, 5)

District 7 am – 9 pm 9 pm – 8 am 7 am – 9 pm 9 pm – 7 am

Residence 57 52 55 (-2) 50 (-2)

University 57 52 55 (-2) 50 (-2)

Business 63 59 60 (-3) 55 (-4)Industrial, Office, Research

85 85 80 (-5) 80 (-5)

All Other Districts N/A N/A 55 50


NOTE: CEI proposed above changes considers measuring of sound at the point of Complaint.

DAY TIME NIGHT TIMEDAY TIME NIGHT TIMECURRENT RECOMMENDED

CEI recommends adding an “All Other Districts” criteria, changing night time hoursto 9 pm to 7 am, and changing the allowable noise levels as shown.


Property Boundary

StationaryContinuous

Source of Sound

Sound Receiver

60 54 48 42

Measure Here60

Measure Here48

Measure Here42

Sound Source

EXAMPLE: Nighttime (9 pm to 7 am)

“Within the Receiving Property”“Point beyond the boundary of the property on which the source of noise is located.”

If INDUSTRIALALLOWABLE NOISE LEVEL = 80 dBA

If RESIDENTIALALLOWABLE NOISE LEVEL = 50 dBA

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Allowable Noise LevelsComparison (Daytime)

District 7 am – 9 pm 7 am – 9 pm 7 am – 10 pm

Residence 57 55 65

University 57 55 75/65

Business 63 60 75/65Industrial, Office, Research

85 80 75/85

All Other Districts N/A 55 N/A


STATE OF DELAWARECURRENT RECOMMENDED

CITY OF NEWARK

The City of Newark noise ordinance allowable noise levels are more stringent thanthe current State of Delaware requirements.

Allowable Noise LevelsComparison (Nighttime)

District 9 pm – 8 am 9 pm – 7 am 10 pm – 7 am

Residence 52 50 55

University 52 50 75/55

Business 59 55 75/55Industrial, Office, Research

85 80 85/75

All Other Districts N/A 50 N/A


STATE OF DELAWARECURRENT RECOMMENDED

CITY OF NEWARK

The City of Newark noise ordinance allowable noise levels are more stringent thanthe current State of Delaware requirements.

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(b) When a person designated to enforce this chapter decides to use a noise level meter, the ambient noise level shall be obtained by one of two methods:

(CEI): Consider changing language to include “sound level meter” in lieu of noise level meter.



(1) Walking around the real property boundaries from the source of the specific noise and obtaining an ambient noise level when the specific noise is no longer heard by the operator of the noise meter.

(CEI): Consider changing language to include “sound level meter” in lieu of noise meter.


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Allowable Noise Levels(2) If a complaint is made within an

apartment building, duplex, or through partitions, and a similar building exists as part of a total complex, the noise meteroperator may enter a second building of similar design and obtain an ambient noise level.

(CEI): Consider changing language to include “sound level meter” in lieu of noise meter.


NOISES PROHIBITEDSECTION 20A-4


Noise disturbance is prohibited. Enforcement of noise violations need not require the use of asound level meter unless otherwise stated. ListsSpecific Prohibitions.

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Noises Prohibited

(a) General Prohibitions……a noise disturbance. Enforcement of noise violations need not require the use of a sound level meter unless otherwise stated.

(CEI): No change.


Noises Prohibited(b). Specific Prohibitions. (1) Horns and signaling devises. Chapter 20,

Motor Vehicles and Traffic.(2) Radios, television sets, phonographs and

similar devices: (a) as noise disturbance.(b) 9 pm to 7 am plainly audible across

property boundaries or partitions or 50 feet.

(CEI): No change.


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Noises Prohibited(b). Specific Prohibitions (continued).(3) Exterior loudspeakers: plainly audible at

or beyond property boundary of source or public way.

(4) Street sales: selling by shouting or outcry in Residential District any District.

(5) Animals: Chapter 5.(6) Loading operations: 9 pm to 7 am in

Residential District except emergencies.


Noises Prohibited(b). Specific Prohibitions (continued).(7) Construction noise: Commercial

construction, repair, alteration, demolition in following manner:(a) Tampered sound control devices.(b) Violation of US EPA, Federal and

State DOT regulations.(c ) 9 pm to 7 am weekday, 9 pm to 9 am

Saturday, Sunday and holiday.


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Noises Prohibited(b). Specific Prohibitions (continued).(8) Explosives, firearms, similar devises.(9) Powered model vehicles:

(a) 9 pm to 7 am.(b) maximum sound pressure levels in

Allowable Noise Levels (Sec. 20A-6) measured at property line of the source or 50 feet in public place.

(CEI): No change.Compliance Environmental, Inc. 41August 2015

Noises Prohibited

(b). Specific Prohibitions (continued).(10) Refuse compacting vehicles:

(a) sound pressure level excess of 94 dBA measured at 50 feet from any point of the vehicle.

(b) 9 pm to 7 am Residential Districts.

(CEI): No change.


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Noises Prohibited

(b). Specific Prohibitions (continued).(11) Yelling, shouting, hooting, whistling or

generally creating a racket on public streets: 9 pm to 7 am so as to annoy, disturb in business or residence any district.

(12) Power equipment: outdoors in Residential districts 9 pm to 7 am which creates a noise disturbance.


Noises Prohibited

(b). Specific Prohibitions (continued).(13) Stationary emergency signaling devises:

electrical mechanical functioning not before 7 am and after 9 pm, not to exceed ten seconds. Complete system not more than once each month, before 8 am or after 8 pm, not to exceed ten seconds.

(CEI): No change.


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Noises Prohibited• (CEI): Recommended Added Provisions:

• (14). Motor Vehicles. Operation of any motor vehicle contrary to motor vehicle code of the State of Delaware.



• (15). Exhausts. Discharge into open air of any exhaust, mobile or stationary, except through a muffler or other device which will effectively prevent loud noises.


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• (16). Unnecessary Horn Blowing. No person shall at any time sound a horn in such a way to cause a noise disturbance except when absolutely necessary as a warning.


DEFINITIONSSECTION 20A-2


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Plainly Audible(Current Definition 20A-2, (15))

“Plainly audible means any noise for which the information content of the noise is unambiguously communicated to the listener, such as, but limited to, understandable speech or comprehensive musical rhythms, including bass tones with a repetitive and impulsive sound.”


“Plainly Audible” Current Uses• Noise Prohibited (Sec. 4, b, 2, b): Radios, television

sets, phonographs and similar devices: Operating or permitting the operation of such devices between the hours of 9:00 p.m. and the following 7:00 a.m. in such a manner to be plainly audible across real property boundaries or through partitions common to two parties, within a building, or through such partitions between a person between a building and the public way including, but not limited to, common areas and parking lots or plainly audible at 50 feet from such devices when operated within a motor vehicle on a public right-of-way or on a public space.


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“Plainly Audible” Current Uses

• Noise Prohibited (Sec. 4, b, 3): Exterior loud speakers: Using or operating, or permitting the use of operation of any mechanical device or loud speaker in a fixed or movable position exterior to a building, or mounted on any aircraft or motor vehicle such that the sound therefrom is plainly audible at or beyond the property boundary of the source, or on a public way except as provided from below.


Plainly Audible Definition(CEI Recommended Change)

“Plainly audible means any sound that can be detected by a person using unaided hearing faculties for stationary sound sources at a property boundary in a residential district or a distance of 50 feet in public places from the sound source for which the information content of the sound is unambiguously communicated to the listener, such as, but limited to, understandable speech or musical rhythms, including bass tones with a repetitive and impulsive sound.”


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Ambient Noise Level(Current Definition 20A-2, (15))

“The all-encompassing background noise associated with a given environmental without the sound contribution of the specific source in question.”

• Recommended changes to the definition to include how ambient sound levels are measured (i.e., average dBA, minimum time to measure, meter settings, distance from ground, environmental factors, etc.).


Ambient Noise Level – Possible Change(Definition 20A-2, (15))

“The all-encompassing background noise associated with a given environmental without the sound contribution of the specific source in question. The ambient noise level shall be determined with a sound level meter using appropriate settings by averaging an adequate number of measurements over time to represent ambient conditions after collecting measurements at a proper distance from ground elevation. Environmental factors including temperature, humidity, precipitation, wind conditions and any other contributing factors shall be documented.”


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Definitions(CEI): Recommended definition clarifications and additions:

1. Cyclically Varying Sound - Used in Allowable Noise Levels (Sec. 6, a, 2). A cyclically varying sound is any sound that varies in sound level so that the same level is obtained repetitively at relatively uniform levels of time.



2. Repetitive Impulsive Sound - Used in Allowable Noise Levels (Sec. 6, a, 2). A Repetitive Impulsive Sound consists of single bursts with a duration of less than one second with peak levels 15 dB higher than background noise.


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3. Peak Level - Used in Allowable Noise Levels (Sec. 6, a, 3). The Peak Level (Lpk) is the maximum value reached by the sound pressure without a time-constant applied.


Definitions(CEI): Recommended definition clarifications and additions:4. Sound Level Meter - The Sound Level Meter

and microphone used for purposes of this ordinance shall have a real-time data-logging function and meet the requirements of ANSI Type 1 and IEC Class 1, calibrated and used in accordance with the manufacturers requirements.


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5. Equivalent Sound Level - Used in Allowable Noise Levels (Sec. 6, a, 5). The Equivalent Sound Level is a cumulative metric of noise in decibels during periods less than a 24-hour duration.



6. Districts - Update list of Districts in the City (Sec. 2, 4-7).


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GENERAL RECOMMENDATIONS


Enforcement and Penalties

• Add language to include penalties for violation of any chapter not just Sec. 4, Noises Prohibited. (20A-3, Enforcement and Penalties)

• Add stricter penalties such as possibly revoking building permit or occupancy permit were an owner failed to demonstrate compliance with ordinance.


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Best Practical Noise Control Measures

• Consider requiring any building permit applicant the need to use best practical noise control measures in their design taking into consideration the process employed, capital expenditures, maintenance costs, technical feasibility, and engineering aspects relating to the control of noise to the environment.


General Recommendation

• Prior to completing any changes to the current noise ordinance, a qualified attorney should be engaged to recommend specific language for the document.


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Questions and Discussion?


Compliance Environmental, Inc.150 South Bradford Street, Dover, Delaware 19904

(1)

(2)

(3)

(4)(5)(6)(7)(8)

(9)

(10)

(11)

(12)

(13)

(14)

CHAPTER 20A - NOISESec. 20A-1. - Declaration of policy.

The City of Newark finding that excessive levels of sound are detrimental to the physical, mental and social well-being of citizens of the City of Newark as well as to their comfort, living conditions, general welfare and safety, hereby declares it to be necessary to provide for the greater good and more effective regulation of excessive sounds through the adoption of Chapter 20A, Noise.

(Ord. No. 81-47, 12-14-81)

Sec. 20A-2. - Definitions.All definitions appearing in Chapter [Title] VI shall be applicable to this chapter, except to the

extent of inconsistency with any definition appearing herein; all terminology used in this chapter, not defined herein, shall be in conformance with applicable publications of the American National Standard Institute (ANSI) or its successor body.

A-weighted sound pressure level: The sound pressure level as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA. Ambient noise level: The all-encompassing background noise associated with a given environment without the sound contribution of the specific source in question. Decibel: A standard unit for measuring the sound pressure level. It is equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to a reference pressure which is 20 micropascals denoted as dB. District, residence: As defined in Chapter 32. District, business: As defined in Chapter 32. District, industrial: As defined in Chapter 32. District, university: As defined in Chapter 32. Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate actions. Emergency vehicle: A motor vehicle used in response to public calamity or to protect persons or property from imminent danger.

Equivalent sound level (A-weighted): The constant sound level that, in a given situation and time period (x) conveys the sound energy as the actual time-varying A-weighted sound.

Designated Leq (x) dB(A). Motor vehicle: 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, semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, mopeds, amphibious craft on land, dune buggies or racing vehicles.

Muffler: Any apparatus whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end. Noise: Any sound which is unwanted or which causes or tends to cause an adverse physiological or psychological effect on human beings. Noise disturbance: Any sound which:

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a.b.c.d.

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(a)

(b)(1)

(2)

(3)

Endangers or injures the safety or health of humans or animals, orAnnoys or disturbs a reasonable person of normal sensibilities, orJeopardizes the value of property and erodes the integrity of the environment, orIs in excess of the allowable noise levels established in Section 20A-6 herein.

Noise, plainly audible: 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, including bass tones with a repetitive and impulsive sound.

Powered model vehicles: 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. Property boundary: An imaginary line at the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, or

institution, corporation, business or governmental entity. Pure tone: 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 one-third octave band sound

pressure level and the band with the tone exceeds the arithmetic average of the sound pressure level of the two contiguous one-third 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.

Sound: 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. Sound level: The sound pressure level (SPL) obtained by the use of a sound level meter and frequency weighing network, such as A, B or C as specified in American National Standards

Institute specifications for sound level meters (ANSI SI.4-1971, or the latest approved revision thereof). The unit of measurement is the decibel. If the frequency weighing employed is not indicated, the A-weighing shall apply.

Sound pressure: The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space. Weekday: Any Monday, Tuesday, Wednesday, Thursday or Friday which is not a legally designated holiday.

(Ord. No. 81-47, 12-41-81; Ord. No. 88-28, Amend. No. 1, 9-26-88)

Sec. 20A-3. - Enforcement and penalties.This chapter shall be enforced by the chief of police or his designees, except as otherwise noted herein. Penalties.

Between the hours of 7:00 a.m. and 9:00 p.m., any person violating any portion of this chapter shall receive a verbal order to cease or abate the noise immediately. Between the hours of 9:00 p.m. and 7:00 a.m., any person designated to enforce this chapter need not issue a verbal order before charging any person with a violation of this chapter.



(4)

(5)

(a)

(b)(1)

(2)a.

b.

Between the hours of 7:00 a.m. and 9:00 p.m., if the order to cease or abate the noise is not complied with, or is complied with and then violated again within 60 days, the person or persons responsible for the noise under Section 20A-4 shall be charged with a violation of this chapter. Any person or persons charged with a violation of this chapter for the first offense shall be subject to a fine of at least $100.00 and not to exceed $500.00 or by imprisonment for not more than six months, or by both fine and imprisonment. For each subsequent offense such person shall be subject to a fine of at least $250.00 and not to exceed $1,000.00 or by imprisonment for not more than one year, or by both fine and imprisonment. The order shall be deemed to be properly served upon the person or persons responsible for the noise under Section 20A-4 if a copy thereof is delivered to the owner or agent personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof, or by certified mail addressed to the owner or agent at the last known address with the return receipt requested; or by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Where the person or persons responsible for the noise under Section 20A-4 is any owner of premises within the limits of the City of Newark that such owner does not occupy, the order shall be deemed to be properly served if served upon either such owner or owners or upon the owner's or owners' agent(s). The agent will be deemed to be the caretaker registered with the city, pursuant to Section 17-4(9).

(Ord. No. 81-47, 12-14-81; Ord. No. 85-48, Amend. Nos. 1—3, 10-28-85; Ord. No. 88-28, Amend. No. 2, 9-26-88; Ord. No. 91-27, Amend. No. 1, 8-26-91)

Sec. 20A-4. - Noises prohibited.General prohibitions. It shall be unlawful for any person or person to make, permit, continue, or cause to be made, or to create a noise disturbance within the limits of the City of Newark, except as provided in this article. Any owner of premises within the limits of the City of Newark that such owner does not occupy will be presumed to permit a noise disturbance to occur after receiving an order in accordance with Section 20A-3, paragraph (b)(5) herein. Enforcement of noise violations under this section need not require the use of a sound level meter, unless otherwise specifically stated. Specific prohibitions.

Horns and signaling devices: Regulated in Chapter 20, Motor Vehicles and Traffic, Sections 20-170 and 20-171. Radios, television sets, phonographs and similar devices:

Operating or permitting the use or operation of any radio receiving set, musical instrument(s), television, phonographs, drum or other device for the production or reproduction of sound in such a manner as to cause a noise disturbance. Operating or permitting the operation of any such device between the hours of 9:00 p.m. and the following 7:00 a.m. in such a manner as to be plainly audible across real property boundaries or through partitions common to two parties within a building, or through such partitions between a person within a building and the public way including, but not limited to, common areas and parking lots, or plainly audible at 50 feet from such device when operated within a motor vehicle on a public right-of-way or on a public space.



(3)

(4)(5)(6)

(7)

a.b.c.

(8)

(9)

(10)

(11)

(12)

(13)a.

Exterior loudspeakers: Using or operating, or permitting the use or operation of any mechanical device or loudspeaker in a fixed or movable position exterior to an building, or mounted upon any aircraft or motor vehicle such that the sound therefrom is plainly audible at or beyond the property boundary of the source, or on a public way except as provided for below. Street sales: Selling anything by shouting or by outcry within any residence zoned district. Animals: Regulated in Chapter 5, Sections 5-11, 5-12 and 5-13, Noisy Animals or Fowl. Loading operations: Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or otherwise similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to create noise disturbance within a residence district, except during an emergency. 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:

With sound control devices which have been tampered with.In violation of any regulation of the United States Environmental Protection Agency.Between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays and between 9:00 p.m. on Saturday evenings and 9:00 a.m. on Sunday mornings; or between 9:00 p.m. the day before and 9:00 a.m. the day of a legal holiday which creates a noise disturbance; except as provided below.

Explosives, firearms and similar devices: The use or firing of explosives, firearms or similar devices which create impulsive sound as to cause a noise disturbance within a residence district or on a public right-of-way. 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 inSection 20A-6 below and shall be measured at the property line of the source or at a distance of 50 feet if it is operated in a public place.

Refuse compacting vehicles: The 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 9:00 p.m. and 7:00 a.m. the following day in residence zoned districts.

Yelling, shouting, hooting, whistling or generally creating a racket on public streets between the hours of 9:00 p.m. and 7:00 a.m. so as to annoy and disturb the quiet comfort or repose of

persons in any business or residence, or of any persons in the vicinity. Power equipment: Operating, or permitting to be operated, any power saw, sander, drill, grinder, garden equipment or tools of a similar nature, outdoors in residence zoned 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.

Stationary emergency signaling devices: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 9:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed ten seconds.



b.

c.

(a)(1)(2)(3)(4)

(5)(6)(7)

(b)

(c)(1)

(2)

(3)(d)

(1)

(2)

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. Stationary emergency signaling devices shall be used only for testing in compliance with applicable provisions of this chapter and for emergency purposes where personnel and equipment are mobilized.

(Ord. No. 81-47, 12-14-81; Ord. No. 85-48, Amend. Nos. 4—6, 10-28-85; Ord. No. 88-28, Amend. Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 9-26-88; Ord. No. 91-21, 6-10-91)

Sec. 20A-5. - Exceptions and special waivers.Exceptions. The following uses of an activity shall be exempt from noise level regulations:

Noise of safety signals and warning devices.Noises resulting from any authorized vehicle, when responding to an emergency.Noises resulting from the provision of municipal services.Any noise resulting from activities of a temporary duration permitted by law and/or for which a waiver has been granted by the city. The unamplified human voice (except as specified above in Section 20A-4). Parades and public gatherings for which a special waiver has been issued.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.

Exemptions for time to comply. Upon good cause shown by the owner or responsible party for any noise source, the city manager shall have the power to grant an exemption from the requirement of this chapter in order to allow sufficient time for installation of needed control equipment, facilities, or modifications to achieve compliance, not to exceed ten 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 city manager. Use exemptions. The following uses and activities shall be exempt from noise level regulations:

Lawn maintenance equipment when it is functioning within manufacturers specifications and with all mufflers and noise reducing equipment in use and in properly operating condition between the hours of 7:00 a.m. and 9:00 p.m. Nonamplified crowd noises resulting from the activities such as those planned by day care centers, schools, governmental or community groups. Amplified announcements, electronically amplified announcements at athletic events.

Temporary special waivers.The city manager shall have the authority, consistent with this chapter, to grant temporary special waivers, not to exceed 90 days. The city manager also shall have the option to extend a temporary special waiver for up to two additional 90-day extensions.



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Any person seeking a temporary special waiver pursuant to this chapter shall file a written application with the city manager. The written application shall contain information which demonstrates that bringing the source of sound or activity for which the temporary special waiver is sought into compliance with the chapter would constitute an unreasonable hardship on the applicant, on the community, or for another purpose. Determining whether to grant or deny the application, the city manager shall balance the hardship to the applicant, the community, and other persons of not granting the temporary 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 temporary special waiver. Temporary special waivers shall be granted by notice to the applicant and may include all necessary conditions, including time limits on the permitted activity. The temporary special waiver shall not become effective until all conditions are agreed to by the applicants. Noncompliance with any condition of the temporary special waiver shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sounds or activity for which the temporary special waiver was granted. The city manager may issue guidelines defining the procedures to be followed in applying for temporary special waivers and the criteria to be considered in deciding whether to grant a temporary special waiver.

(Ord. No. 81-47, 12-14-81; Ord. No. 82-3, 2-8-82; Ord. No. 13-38, Amend. No. 1, 12-9-13)

Sec. 20A-6. - Allowable noise levels.Unless a person(s) has been granted a special waiver, in accordance with the provisions of this chapter, it shall be unlawful for any person(s) to create a noise disturbance. Any one or combination of the following shall constitute noise disturbances:

A noise which exceeds the ambient noise level by ten dBA at a point beyond the boundary of the property on which the source of noise is located, except as otherwise regulated herein. 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. Any source of sound which emits an impulse (the duration of less than one second with an abrupt onset and rapid decay) including metal-to-metal impact or exploding impacts, shall not exceed the peak level set forth below at a point beyond the boundary of the property on which the source of noise is located.

Residence districts between 9:00 p.m. and 7:00 a.m.—80 dBA.All other districts and at all other times—100 dBA.

Any source of sound which emits infrasound (below 16 hertz) or ultrasound (above 20 KHz) frequencies, shall not exceed 100 dBA when measured at a point beyond the boundary of the property on which the source of noise is located. No persons shall operate or cause to be operated any stationary source of sound in such a manner as to create a 24-hour equivalent A-weighted sound level which exceeds the Leq limits set forth for the receiving land use category below and when measured at a point beyond the boundary of the property on which the source of noise is located.

Residence districts—57 dBA between the hours of 7:00 a.m. and 9:00 p.m.; 52 dBA



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between the hours of 9:00 p.m. and 8:00 a.m. University districts—57 dBA between the hours of 7:00 a.m. and 9:00 p.m.; 52 dBA between the hours of 9:00 p.m. and 8:00 a.m. Business districts—63 dBA between the hours of 7:00 a.m. and 9:00 p.m.; 59 dBA between the hours of 10:00 p.m. and 7:00 a.m. Industrial, manufacturing/office/research districts—85 dBA.

When any person designated to enforce this chapter decides to use a noise level meter, the ambient noise level shall be obtained by one of two methods:

By walking beyond the real property boundaries from the source of the specific noise and obtaining an ambient noise level when the specific noise is no longer heard by the operator of the noise meter. If a complaint is made within an apartment building, duplex, or through partitions, and a similar building exists as part of a total complex, the noise meter operator may enter a second building of similar design and obtain an ambient noise level.

(Ord. No. 81-47, 12-14-81; Ord. No. 88-28, Amend Nos. 12, 13, 14, 15, 16, 17, 9-26-88)

Sec. 20A-7. - Motor vehicles and other noise levels.Vehicle repairs. It shall be unlawful for any person within any residence district to repair, rebuild or test 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. Vehicular noise limits. All vehicles operating within the boundaries of the City of Newark must comply with the applicable State of Delaware Regulations pursuant to Title VII of the Delaware Code. Aircraft and railroad noise limits. All aircraft and railroads operating within the confines of the City of Newark shall comply with all applicable federal and state noise regulations.

(Ord. No. 81-47, 12-14-81)

Sec. 20A-8. - General provisions.Severability. It is hereby declared to be the policy of the City of Newark that if the sections, paragraphs, sentences, clauses and phrases of this chapter shall be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of the chapter. For the purpose of the enforcement of the provisions of this chapter, when used, a sound level meter shall meet or exceed the requirements of the American National Standard Institute specifications for sound level meters (ANSI SI.4-1971), approved April 27, 1971, and issued by the American National Standard 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 having a tolerance no greater than 0.5 dB with a reference sound pressure level of 20 micronewtons per square meter. Effective date. This chapter shall take effect after the second reading and approval by the city council.

(Ord. No. 81-47, 12-14-81; Ord. No. 88-28, Amend No. 18, 9-26-88)



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