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Ordinance #2008-O-09
"An ordinance establishing the regulations for any noise affecting normal sensitivities within the Town
of Camden."
Be it ordained by the Mayor and Council of the Town of Camden as follows:
Section 1
Excessive noise prohibited.
It shall be unlawful for any person to make, continue, or cause to be made or continued
any excessive, unnecessary, or unusually loud noise, or any noise which either annoys,
disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a
reasonable person or persons of normal sensitivities.
Section 2
Specific acts constituting offenses
The following acts, among others, are declared to be loud, disturbing, and unnecessary
noises in violation of this chapter, but enumeration herein below shall not be deemed to
be exclusive:
A.
The sounding of any horn or signaling devices on any automobile,
motorcycle, street cart, or other vehicle on any street or public place
within the Town of Camden, except as a danger warning; the creation by
means of any such signaling devices of any unreasonably loud or harsh
sound; and the sounding of any device for an unnecessary and
unreasonable period of time.
B.
The using, operating, or permitting to be played, used, or operated any
radio, stereo, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet, and comfort of
neighboring inhabitants or at any time with louder volume that is
necessary for convenient hearing for the person or persons who are in the
room, vehicle or chamber in which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such radio,
stereo, musical instruments, phonograph, loudspeaker, sound amplifier,
machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such
manner as to be plainly audible at a distance of 50 feet from the building,
structure, or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
C.
The use, operation or permission to play any radio, stereo, musical
instrument, phonograph, loudspeaker, sound amplifier, or other machine
or device for the production or reproduction of sound which is cast upon
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the public for attention of the public to any building or structure unless
authorized by permit. Hours of operation for said equipment is 7:00 a.m.
to 8:00 p.m. (Monday - Sunday)
D.
Yelling, screaming, hollering, shouting, hooting, whistling, or singing,
particularly between the hours of 11:00 p.m., or at any time or place so
as to annoy or disturb the quiet, comfort, or repose of persons in any
office, or in any dwelling or residence, or of a reasonable person or
persons of normal sensitivities.
E.
The keeping of any animal which by causing frequent or long continued
noise shall disturb the comfort or repose of a reasonable person or
persons of normal sensitivities.
F.
The operation of construction equipment such as road graders, pavers,
large trucks, bucket loaders, roller mixers, or similar equipment, are
prohibited between the hours of 8:00 p.m. and 7:00 a.m.
G.
The maximum sound pressure level radiated by any use of facility (other
than transportation facilities) at the property line shall not exceed the
values in the designated octave bands given in Table 240-13 after
applying the corrections shown in Table II. The sound pressure level
shall be measured with a Sound Level Metter and associated Octave
Bank Analyzer conforming to standards prescribed by the American
Standards Association. (American Standard Sound Level Meters for
Measurement of Noise and Other Sounds, Z24.3-1944, American
Standards Association, Inc., New York, NY and American Standards
Specification for an Octave Band Filter Set or the Analysis of Noise and
Other Sounds, Z24.10-1953. American Standards Association. Inc.,
New York, NY shall be used)
Table 240-13 Maximum Sound Pressure Levels
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Section 3
Enforcement action.
Violation of this chapter which constitute a first offense, committed at the same location
by the same person(s), shall result in a warning issued by the investigating police
officer. Second or subsequent violations shall result in criminal action against the
offender(s).
Section 4
Exceptions
A.
Cries for emergency assistance and warning calls.
B.
Radios, sirens, horns and bells on marine navigation equipment, police,
fire, and other emergency vehicles.
C.
Parades, fireworks displays and other special events for which a permit
has been obtained from the Town within such hours as may be imposed
as a condition for the issuance of the permit.
D.
Activities on or in a municipal and school athletic facilities and on or in
publicly owned property, beaches and facilities, provide that such
activities have been authorized by the owner of such property or
facilities or its agents.
E.
Fire alarms and burglar alarms, prior to the giving of notice and
reasonable opportunity for the owner or tenant in possession of the
premises served by any such alarm to turn off the alarm.
F.
Religious worship activities, including, but not limited to, bells and
organs.
Section 5
Violations and penalties.
A.
Any person, firm, association, or corporation violating the provisions of
the chapter, upon conviction before any court of competent jurisdiction,
shall be fines not less than $100 nor more the $250, plus cost, for each
offense.
B.
The Justice of the Peace Court shall have original jurisdiction to
adjudicate violations of this chapter.
Section 6
Defense to violation.
It is an affirmative defense to a charge under this chapter that the excessive noise was
not otherwise prohibited by law, and that any of the following apply:
A.
The sound system was being operated to request medical or vehicular
assistance or to warn of a hazardous condition;
B.
The sound was emitted by an emergency or public safety vehicle or
devices;
C.
The sound was emitted by a vehicle or device owned or operated by the
Town of Camden or a public utility company, and the noise was emitted
in connection with municipal or utility operations;
D.
The sound system was used for the purpose of giving instructions,
directions, talks, addresses, lectures or transmitting music to any persons
or assemblage of persons in compliance with ordinance of the Town of
Camden; or
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E.
The vehicle or device transmitting the sound was used in authorized
public activities, such as parades, fireworks, sporting events, musical
productions and other activities approved by the Town of Camden.
ENACTED AND ORDAINED THIS 2nd DAY OF JUNE 2008.
APPROVED AS TO FORM:
_______________________
Town Solicitor
_____________________________
Mayor Robert A. Mooney
_____________________________
Vice-Mayor James O. Plumley, III
_____________________________
ATTEST:
Councilman Mark Babbitt
________________________
_____________________________
Town Manager
Councilman Kenneth Fuchs
_____________________________
Councilman Richard Snyder
1st Reading:
2nd Reading:
Public Hearing:
Adopted: