Noise
ordinance
protects
residents
By CARL E. HARTDEGEN
Staff Writer
WESTFIELD – In order to “protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Westfield” a city ordinance has been enacted to control and prevent “loud or raucous noise” in the city.
The standards are primarily based on the measurable sound, in decibels, at the property line of the source.
The allowed decibel level may be hard to estimate by residents and city police, Chief John Camerota said, necessarily respond primarily to complaints of residents.
While the ordinance does provide for varying acceptable levels based on the zoning of the area and the time of day, objections are generally influenced by factors such as ambient noise levels, the type of noise created, the distance between the noise and the listener who hears it and the duration of the noise.
The ordinance stipulates that the maximum noise permitted at the property boundary in residential zones be limited to 55 decibels between 7 a.m. and 7 p.m., 50 decibels between 7-10 p.m. and 45 decibels between 10 p.m. and 7 a.m.
In commercially zoned areas the allowed levels are 5 decibels higher in each time period and in business zones the allowed level is 65 decibels between 7 a.m. and 10 p.m. and 60 decibels between 10 p.m. and 7 a.m.
In industrial or agriculturally zoned districts the allowed levels are 10 decibels higher than in business zones.
Exemptions are made for noise generated by sources such as church activities (including church bells), special events which have secured a city permit, school activities and organized athletic events on state or municipal facilities, operation of railroads and aircraft and public safety or national defense activities.
Camerota said that while officers responding to noise complaints do not carry decibel meters they “do have one that they have access to” if a complaint cannot be resolved otherwise.
Perhaps the most common complaints are those lodged by residents who object to loud noises generated by power tools and equipment early in the morning and those problems are directly addressed by the ordinance.
Private use of powered tools outside is prohibited in residential zones between 10 p.m. and 7 a.m. and commercial construction activities are limited to the period between 7 a.m. and 9 p.m., except on Sundays when the allowed starting time is noon.
Exceptions may be made by a permit issued by the police chief. Camerota said that, during the extremely hot summer periods, he sometimes allows roofers or others working outside to start before 7 a.m., so they can get full day’s work in while still limiting their work during the hottest part of the day.
However, concerns of neighbors still have to be considered. “If it’s driving people crazy, you’ve got to take that into account” he said.
In addition to limiting noise by the measured decibel level, the ordinance also prohibits “any unreasonable loud, boisterous or unusual noise, commotion or vibration.”
The ordinance directs enforcement officers to consider, when enforcing the law, the level of the objectionable noise, its usual or unusual nature, its natural or unnatural origin, the ambient noise level, the proximity of the noise to sleeping facilities, the nature and zoning of the area, the time the noise occurs, the duration of the noise and whether the noise is recurrent, intermittent or constant.
Peace officers enforcing the ordinance are authorized to “confiscate and impound as evidence, any or all of the components creating, amplifying or transmitting the sound.”
The ordinance stipulates that “first time violators will be warned and required to cease the violation.” The penalty for a subsequent violation is a $25 fine.
Carl E. Hartdegen can be reached at [email protected]
