Town of Wallingford
Noise Ordinance
Revised Ordinances of Wallingford
Title 4: Health and Welfare
CHAPTER 6: OBJECTIONABLE NOISE
§4601. AUTHORITY
This ordinance is adopted under authority of 24 V.S.A. 2291 (14) and 24 V.S.A.
Chapter 59.
§4602. PURPOSE
This ordinance is enacted to protect, preserve, and promote the health,
safety, welfare, peace, and quiet for the citizens of Wallingford through the
reduction, control, and prevention of noise. The intent of this ordinance is to
establish standards that will eliminate and reduce unnecessary noises that are
physically harmful or otherwise detrimental to the enjoyment of life, property,
and maintenance of business.
§4603. PROHIBITED NOISES
The following acts are declared to be loud, objectionable, and unnecessary
noises, are therefore a public nuisance, and are prohibited by this ordinance:
- Radios and other sound-producing devices.
The use or operation of any
radio, phonograph, musical instrument, or other sound-making or
sound-producing device in such manner as to disturb the quiet or repose of any
person or persons in the vicinity thereof;
- Defect in vehicle or operator of vehicle.
The operation of any
automobile, motorcycle, or other type of motor vehicle in such a manner as to
create squealing of tires or loud and unnecessary grating, grinding,
exploding, rattling, or other types of noises;
- Loudspeakers.
The use of mechanical loudspeakers or amplifiers on
trucks or other moving or standing vehicles for advertising purposes unless
issued a special use permit by the Town of Wallingford;
- Exhausts.
The discharge into the open air of the exhaust of any steam
engine, internal combustion engine, motor boat, or motor vehicle, except
through a muffler or other device which will effectively prevent loud or
explosive noises therefrom;
- Horns, Signaling Devices, Etc.
The sounding of any horn or signaling
device on any automobile, motorcycle, or other vehicle except as a danger
warning, the creation by means of any other signaling device of any
unreasonably loud or harsh sound and the sounding of any device for
unnecessary and/or unreasonable periods of time;
- Construction Noise.
Noises emanating from the excavation, demolition,
alteration, or repair of buildings, structures, property, or highways between
the hours of 9:00 P.M. and 6:30 A.M., except for emergency repairs necessary
to protect people or property.
- Noise in General.
Any noise which is deemed objectionable because of
volume, frequency, or beat and which is not muffled or otherwise controlled.
§4604. EVIDENCE.
The creation of, permitting, or operation of any of the above sets,
instruments, devices, or vehicles causing said noise in such a manner as to be
plainly audible at a distance of 150 feet from a building, structure, or vehicle
from which noise emanates shall be prima facie evidence of a nuisance and a
violation of this ordinance.
§4605. EXEMPTION.
Emergency vehicles properly operated by fire, police, or rescue personnel are
exempt.
§4606. ENFORCEMENT AND PENALTIES.
A violation of this ordinance shall be a civil matter enforced in accordance
with the provisions of 24 VSA 1974a and 1977 et. seq. A civil penalty of not
more than $500.00 may be imposed for a violation of this civil ordinance, and
the waiver fee shall be set at $50.00 for the first offense, $75.00 for the
second offense within a six month period, and $100.00 for all subsequent
offenses within a six month period. Each day of a violation shall constitute a
separate violation of this ordinance.
§4607. SEVERABILITY.
Each of the provisions of the ordinance is severable and if any provision is
held invalid for any reason, the remaining provisions shall not be affected but
shall remain in full force and effect.
§4608. EFFECTIVE DATE
This ordinance shall become effective sixty days after its adoption by the
Wallingford Selectboard. If a petition is filed under 24 VSA 1973, the taking
effect of this ordinance shall be governed by that statute.
ADOPTED THIS 11th DAY OF OCTOBER 1999 |