Town of Tamworth

Noise Ordinance [proposed 6-4-04]

The Town voted by Special Town Meeting

on   __________, 2004, Article 1: 

Are you in favor of adopting the following:

In accordance with the provisions of New Hampshire RSA 31:39(I)(n), this noise ordinance is adopted by the Town of Tamworth to regulate private driving instruction and exhibition facilities within the Town of Tamworth.

  Purpose:   The purpose of this noise ordinance is to ensure the public health, safety and welfare of the citizens of Tamworth, to prevent the degradation of the environment, the diminution of property values and generally to protect the quality of life in the Town of Tamworth by insuring that provisions are made for control of noise, and to insure that the operation of such facility will not be injurious, noxious or offensive to the community.

Section 1:            Definitions

Private Driving Instruction and Exhibition Facility shall mean a facility containing a paved roadway 2 or more miles in length the use of which is limited to:

(A)    Providing instruction and training in safe driving skills, adverse weather driving techniques, or high performance driving;

(B)    The exhibition, maintenance, and operation of vintage or specialty motor vehicles;

(C)    Conducting supervised amateur competitions; and

(D)    Similar non-spectator activities that are recreational or educational in nature.

Section 2:            Noise Limitations and Monitoring

A.     Sound levels generated by any Private Driving Instruction and Exhibition Facility shall not exceed a maximum value of 69 dBA at any point on or beyond the property line of the Facility.  A maximum value is an instantaneous maximum as measured with sound level meter slow response. Sound measurements shall be performed in a manner consistent with then current professional measurement standards, methods and procedures. 

B.     Between 6:00 PM and 8:00 AM  Monday through Saturday, and between 6:00 PM Saturday through 12:00 PM on Sunday, sound generated by any Private Driving Instruction and Exhibition Facility shall not exceed a maximum value of 61 dBA at any point on or beyond the property line of the Facility.  A maximum value is an instantaneous maximum as measured with sound level meter slow response. Sound measurements shall be performed in a manner consistent with then current professional measurement standards, methods and procedures. 

C.     During operation of the Private Driving Instruction and Exhibition Facility, the operator of the Facility shall monitor the sound level to insure compliance with this ordinance.  Sound monitoring shall be performed in a manner consistent with then current professional measurement standards, methods and procedures.  All data from such monitoring shall be made available to the Town promptly upon request of the Board of Selectmen. 

D.     The Town, acting through its Board of Selectmen or designee, shall have the right to monitor sound levels generated by the Private Driving Instruction and Exhibition Facility at any point on or beyond the property line of the Facility.  Sound monitoring shall be performed in a manner consistent with then current professional measurement standards, methods and procedures.

Section 3:            Violations

Each violation of this ordinance shall be punishable by a civil penalty of $1,000.  Each day or fraction thereof of any violation of a provision of this ordinance shall constitute a separate offense

Section 4:            Effective Date

This ordinance shall take effect immediately upon its passage.