7 Del. Admin. Code § 1149-4.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1149-4.0 - Prohibited Acts

4.1 Noise Disturbance Prohibited - No person shall make, continue, or cause to be made or continued, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from this section, provided they conform to all local ordinances.

4.2 Specific Prohibitions

4.2.1 Radios, Television Sets, Musical Instruments and Similar Devices - Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:

4.2.1.1 In such a manner as to create a noise disturbance within a receiving property.

4.2.1.2 In such a manner as to create a noise disturbance within any receiving property when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters.

4.2.1.3 In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.

4.2.2 controlling any animal or bird which barks, bays, cries, squawks or makes any other noise continuously or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more causing a noise disturbance within a receiving property; provided, however, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.

4.2.3 Loading or Unloading - Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance within a Class A receiving property. This section shall not apply during an emergency.

4.2.4 Construction - Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:

4.2.4.1 Between the hours of 10:00 p.m. and 7:00 a.m. the following day, on weekdays and Saturdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance within a Class A receiving property, except during an emergency.

4.2.4.2 At any other time such that the sound level within any receiving property exceeds an Lel of 85 dBA for a period of one hour.

4.2.4.3 This section shall not apply to the use of domestic power tools subject to Section 4.0.2(8).

4.2.5 Vehicle, Motorboat, or Aircraft Repairs and Testing -Repairing, rebuilding, or testing any motor vehicle, motorcycle, motorboat, or aircraft in such a manner as to cause a noise disturbance within a Class A receiving property between the hours of 10 p.m. and 7 a.m.

4.2.6 Places of Public Entertainment -Operating, playing, or permitting the operation or playing of any radio, television phonograph, drum, musical instrument, sound amplifier or any other device which produces, reproduces, or amplifies sound within any place of public entertainment at a sound level greater than 85 dB(A) as read by the slow response on a sound level meter at any point that is normally occupied by a customer unless a conspicuous and legible sign is located outside such place, near each public entrance stating "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT". Ali places of public entertainment shall also be required to comply with all of the provisions of this Regulation, specifically Section 6.0.

4.2.7 Explosives, Firearms, and Similar Devices - The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance within a Class A receiving property or on a public right-of-way, except for licensed game-hunting activities on property where such activities are authorized.

4.2.8 Domestic Power Tools - Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device in residential areas between the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance within a Class A receiving property.

4.2.9 Tampering

4.2.9.1 No person shall operate any equipment unless all noise and/or vibration control devices installed thereon are in full operation.

4.2.9.2 No person shall tamper with, circumvent or remove any sound level monitoring instrument, meter or device positioned by or for the Department.

4.2.9.3 No person shall remove or deface a noise label on any product.

4.3 Motor Vehicle Prohibitions.

4.3.1 Motor Vehicle and Motorcycles on Public Rights-of-Way - No person shall operate or cause to be operated a public or private motor vehicle or motorcycle, or any equipment attached to such a vehicle, on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle, or any equipment attached to such a vehicle, exceeds the level set forth in Title 7, Chapter 71, Subchapter II, Delaware Motor Vehicle Noise Regulations.

4.3.2 Standing Motor Vehicles and Motorcycles - No person shall operate or permit the operation of any motor vehicle, motorcycle, or any auxiliary equipment attached to such a vehicle in such a way as to cause a noise disturbance within a Class A receiving property, for a period longer than twenty minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion. (Also see Sec. 4.2.3 Loading or Unloading).

4.3.3 Unnecessary Horn Blowing - No person shall at any time sound the horn or other warning device of a vehicle in such a way as to cause a noise disturbance within a Class A receiving property except when absolutely necessary as a warning while actually driving such vehicle.

7 Del. Admin. Code § 1149-4.0