Noise Ordinance:
To look at the city’s Noise Ordinance at a glance:
http://belmont.gov/SubContent.asp?CatId=240002027&C_ID=240003408
To read the entire Noise Ordinance:
1.
2. This
brings you to the
3. Then
go to
4. On
the right part of this webpage, you will see ARTI
Or below is the current noise ordinance in its entirety:
________________________________________________________________________
ARTI
In accordance with adopted goals and policies of the general plan which call for "a noise environment that maintains a healthy living environment; fosters relaxation and recreation; is conducive to the work environment; and provides pleasant living conditions," It is declared to be the policy of the city to protect the peace, health and safety of its citizens from unreasonable noises from all sources including, but not limited to, those specified in this chapter.
(Ord. No. 1018, § 1, 7-25-06)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
(a) "A-Weighting" means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.
(b) "
(c) "Daytime" means the period from 8:00 a.m. to sunset, Monday
through Friday; and 10:00 a.m. to sunset,
(d) "Decibel (dB)" means a unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
(e) "Delivery" means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.
(f) "Equivalent-energy level (Leq)" means the level of a steady-state noise that has the same sound energy as a given time-varying noise.
(g) "Ho
(h) "Impulsive sound" means sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions, drop impacts and firearm discharge.
(i) "Multifamily dwelling" means any housing unit where two (2) or more dwellings are separated by a common wall, floor or ceiling, including but not limited to apartments, condominiums and townhouses.
(j) "Nighttime" means the period outside the hours of "daytime" as herein defined.
(k) "Noise disturbance" means any source of sound which exceeds the noise limitations permitted in section 15-102. For purposes of this section sources of sound shall include but not be limited to the following: amplified music, loudspeakers, radios, televisions, stereos, musical instruments, powered toys or models, swimming pools or spas, industrial machinery, manufacturing equipment, pile drivers, air compressors, paint sprayers, motors, pumps, blowers, air conditioners, cooling towers, ventilating fans, fork lifts, loaders, tractors, concerts, mechanical equipment, human voices, electrical appliances, vacuum cleaners, powered equipment, chain saws, beepers, motor vehicles, carpet cleaning vehicles, and attached equipment not operated on a street or highway, etc.
(l) "Noise level" means the amplitude of sound pressure referenced to twenty (20) micropascals, measured in decibels, using the A-weighting network (for the purposes of this chapter).
(m) "Noise
level measurement" means the procedure of measuring sound
consisting of the usage of a precision sound level meter (
(n) "Precision sound level
meter" means a sound pressure level
measuring instrument which conforms to the American National
(o) "Powered equipment" means a motorized device (other than a motor vehicle) powered by electricity, batteries or fuel. Powered equipment includes but is not limited to: lawn mowers, hedgers, parking lot sweepers, carpet cleaning vehicles, saws, sanders, motors, pumps, generators, blowers, wood chippers, vacuums, drills and nail guns.
(p) "Residential property" means any property legally used for a single family or multifamily dwelling as defined in the Belmont Zoning Ordinance.
(Ord. No. 1018, § 1, 7-25-06)
(a) Except as otherwise permitted in this
chapter, any source of sound in excess of the sound level limits set forth in
section 15-102 shall constitute a noise
disturbance. For purposes of determining sound levels from any source of sound,
sound level measurements shall be made at a point on the receiving property nearest
where the sound source at issue generates the highest sound level.
(1) For all sources of sound measured from any residential property:
a. "Nighttime" hours-- 55 dBA
b. "Daytime" hours-- 65 dBA
(b) For all sources of sound within a multifamily residential structure transmitting through a common interior partition (wall, floor or ceiling) from one (1) dwelling unit to another:
(1) "Nighttime" hours-- 35 dBA
(2) "Daytime" hours-- 45 dBA
(c) For all sources of sound measured from any non-residential property
(1) "Nighttime" hours-- 55 dBA
(2) "Daytime" hours-- 65 dBA
(d)
(e) Any and all excessively annoying, loud or unusual noises or vibrations shall be considered a noise disturbance if such noise or noises:
(1) Offend the peace and quiet of persons of ordinary or reasonable sensibilities, or
(2) Interfere with the comfortable enjoyment of life or property
(f)
(1)
(g) Powered equipment noise. Powered equipment used for
non-construction activities, shall be allowed between the hours of 8:00 a.m. to
7:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m.
(h) It shall be unlawful to create, permit,
allow or maintain a noise disturbance in
(Ord. No. 1018, § 1, 7-25-06)
The following are exceptions to the noise limitations set forth in section 15-102.
(a) Residential property maintenance.
(1) Residential property maintenance that
does not involve construction activities as defined in subsection 15-102(f) or
the use of powered equipment as defined in subsection 15-102(g), personally
done by residents or property owners to maintain or improve their property, may
occur between the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday and
between the hours of 10:00 a.m. to 5:00 p.m.
(b) Deliveries.
(1) Deliveries to food retailers and restaurants,
(2) Deliveries to other commercial and
industrial businesses between the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday and between the hours of 9:00 a.m. to 5:00 p.m.
Businesses (as described in section (1) and (2) above) with
an active
(c)
(1)
(d) Parking lot sweeping.
(1) Parking lot sweeping is allowed Monday through Friday between the hours of 7:00 a.m. to 6:00 p.m.
(e) Garbage collection.
(1) Garbage collection times are governed by the city's franchise agreement.
(f)
(1) In the event that the provisions of
this article conflict with any provisions of the Belmont Municipal
(g)
(1) Any event or use for which a special event permit has been issued by the city that specifically allows noise levels to be exceeded.
(h) [Exceptions.] he following activities are not subject to the regulations of this chapter:
a. Emergency construction, emergency clean-up, and emergency maintenance activities approved by a city department.
b.
c. The city may respond to emergencies as an appropriate exercise of the police power to protect health, safety and welfare of the citizens and property in the city. The city will, if timing allows, provide notice to properties immediately adjacent to the emergency prior to commencement of this work.
(Ord. No. 1018, § 1, 7-25-06)
(a)
(b) Except as provided in subsection (a) of this section, all other operations in existence prior to the date this chapter went into effect shall have three (3) months to comply with the provisions of this chapter or apply for a temporary permit for additional time to comply.
(Ord. No. 1018, § 1, 7-25-06)
The provisions of this chapter shall be administered by the chief of police and his or her authorized representatives, except where expressly provided otherwise. All other officers and employees of the city shall assist and cooperate in the administration and enforcement of this chapter.
(Ord. No. 1018, § 1, 7-25-06)
Violations of this chapter shall be considered a public
nuisance. Violations may be enforced by any civil, administrative or criminal
remedies, including but not limited to the provisions of the Belmont Municipal
(Ord. No. 1018, § 1, 7-25-06)