Town of Putney

Town of Putney

P. O. Box 233

Putney, Vermont 05346

802-387-5862

Legal Notice

Putney Ordinance Regulating Noise

Pursuant to authority granted under 24 VSA Section 1971, 24 VSA 2291, subsection (14), and the Charter of the Town of Putney, the Putney Board of Selectpeople adopted on September 22, 1997, an Ordinance Regulating Noise (“Noise Ordinance”).

In summary, the ordinance establishes General Noise Standards which set forth acts which are declared to be loud, disturbing, and unnecessary noises which constitute a public nuisance and shall be deemed detrimental to the health and safety of the residents of the Town of Putney and are therefore prohibited by the Noise Ordinance. Types of noises which may constitute a public nuisance include noises from an unmuffled exhaust; excessive vehicle noise; loud speakers, amplifiers, and advertising; horns, signaling devices, etc.; radios and other sound producing devices; construction noise; and other objectionable noise. The ordinance lists 10 types of noises exempt from being considered public nuisances.

The purpose of the Noise Ordinance is to protect, preserve, and promote the health, safety, welfare, peace and quiet for the citizens of Putney through the reduction, control and prevention of noise. The intent of this ordinance is to establish standards which will eliminate and reduce unnecessary noises which are physically harmful or otherwise detrimental to the enjoyment of life, property and maintenance of business.

Section Headings of the Noise Ordinance are as follows: Article I, General Provisions; Article II, Definitions; Article III, General Noise Standards; Article IV, Exemptions; Article V, Enforcement; Article VI, Severability/Liability/Amendments; Article VII, Ordinance in Force.

In accordance with 24 VSA Section 1973, citizens of the Town of Putney may petition for a vote at a special Town Meeting to disapprove the Noise Ordinance. This petition must be signed by not less than 5% of the qualified voters of Putney and presented to the Selectpeople or the Town Clerk within 45 days following September 22, 1997. The full text of the ordinance may be examined at the Town Manager’s Office during regular business hours. Town Manager Jim Mullen is available to answer questions on the new ordinance and may be reached at the Putney Town Hall, P. O. Box 233, Putney, VT 05346, or by phone at 802-387-5862.

Posted this 23rd day of September, 1997, in the following locations: Putney Town Hall, Putney Hearth Bakery, Putney General Store, Putney Diner, and Putney Food Coop.

Original signed by Jim Mullen 9/23/97

Jim Mullen, Town Manager (date)

Original with Jim Mullen’s signature on file in Town Hall.

THE TOWN OF PUTNEY, VERMONT

ORDINANCE REGULATING NOISE

ARTICLE I

GENERAL PROVISIONS

A. Title

All rules and regulations contained herein, together with such additions and amendments as may be hereafter adopted, are hereby designated as the “Ordinance Regulating Noise,” hereinafter referred to as “Noise Ordinance” or “Ordinance.”

B. Authority

This Ordinance is adopted pursuant to authority granted under 24 VSA Section 1971; 24 VSA Section 2291, Subsection (14); and Section 1, Subsections I and J of the Charter of the Town of Putney.

C. Purpose

The purpose of this Ordinance is to protect, preserve, and promote the health, safety, welfare, peace and quiet for the citizens of Putney through the reduction, control and prevention of noise. The intent of this ordinance is to establish standards which will eliminate and reduce unnecessary noises which are physically harmful or otherwise detrimental to the enjoyment of life, property and maintenance of business.

D. Filing of Ordinance

The Town Clerk of the Town of Putney shall file a certified copy of this Ordinance, as well as certified copies of any additions or amendments to this Ordinance as may be hereafter adopted, in the municipal records.

E. Inconsistent Provisions

In the case of any other applicable regulation, by-law, ordinance or statute which differs from the rules and regulations of this Ordinance, the more strict shall apply.

F. Civil Ordinance

This Ordinance is designated as civil ordinance in conformance with 24 VSA Section 1971 (b).

ARTICLE II

DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

“Non-Profit Organization” shall mean any association or organization, which in accordance with United States Internal Revenue Service Regulations, distributes no part of its income to its members, directors, or officers and which is established for a civic, educational, cultural, religious, social, political, scientific, philanthropic, or charitable purpose.

“Person” shall mean any individual, institution, public or private corporation, partnership or other entity.

“Public Way” shall mean the entire area legally open for public use within the boundary lines of any government or municipally owned or maintained road, street, alley, sidewalk, walkway, parking lot, park, or piece of land.

“Town” shall mean the Town of Putney, Vermont.

ARTICLE III

GENERAL NOISE STANDARDS

The following acts are declared to be loud, disturbing, and unnecessary noises which constitute a public nuisance and shall be deemed detrimental to the health and safety of the residents of the Town of Putney and are therefore prohibited by this ordinance:

A. Exhaust

This discharge into the open air of the exhaust of any internal combustion engine, whether operated on a Public Way or on private property, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

B. Excessive vehicle noise.

The operation of an automobile, motorcycle or off-road vehicle, whether operated on a Public Way or on private property, which creates squealing of tires, loud and unnecessary grating, grinding, exploding, rattling or noise of any type that disrupts or interferes with the reasonable use and enjoyment of neighboring properties.

C. Loud Speakers, Amplifiers for Advertising.

The use of mechanical loudspeakers or amplifiers on moving or standing vehicles for advertising purposes.

D. 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 unreasonable loud or harsh sound; the sounding of any such device for unnecessary and/or unreasonable periods of time.

E. Radios and other Sound-Producing Devises

The using, operating, or permitting to be played, used or operated, of any radio or television, musical instrument, phonograph, tape player, compact-disc or other machine or device for the producing or reproducing of sounds in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or yard in which such a machine or device is operated and who are voluntary listeners thereto.

F. Construction Noise

Noises emanating from the excavation, demolition, alteration, erection, or repair of buildings, structures, or property between the hours of 9:00 p.m. and 7:00 a.m., except for emergency repairs necessary to protect people or property, and which disturbs the peace, quiet, and comfort of the neighboring inhabitants.

G. Noise in General

Any noise which is deemed objectionable because of volume, frequency, or beat and which is not muffled or otherwise controlled, and which disturbs the peace, quiet, and comfort of the neighboring inhabitants.

ARTICLE IV

EXEMPTIONS

The following activities shall not be subject to the limitations set forth in Article III above:

A. The emission of sound for the purpose of alerting persons to the existence of an emergency.

B. The emission of sound in performance of emergency;

C. The emission of sound by the un-amplified human voice;

D. The emission of sound in the discharge of weapons for target practice from 7:00 a.m. to 6:00 p.m.

E. The emission of sound in the discharge of fireworks displays authorized by the Town:

F. The emission of sound in the operation of snow-removal equipment at any time provided such equipment shall be maintained in good repair so as to minimize noise. Noise discharged from exhausts shall be adequately muffled so as to prevent loud and/or explosive sounds being emitted therefrom;

G. The emission of sound relative to permitted construction and demolition activities; provided such activity does not occur between the hours of 9:00 p.m. to 7:00 a.m.

H. The emission of sound in a residential area made in the course of the maintenance of a dwelling and/or property from 7:00 a.m. to 9:00 p.m.

I. The emission of sound by parades, processions, fairs, athletic or other events sponsored by the Town, a school, or a Non-Profit Organization.

J. The emission of sound from agricultural operations.

ARTICLE V

ENFORCEMENT

A. Violations of Ordinance

Unless violation and penalty provisions specifically set forth elsewhere in this Ordinance provide otherwise, all violations of this Ordinance shall be handled according to the provisions of this Article.

B. Correction of Violation

Any Person found to be violating any provision of this Ordinance may, at the Town’s discretion, be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated, permanently cease and correct all violations.

C. Continued and Egregious Violations

Any Person who continues any violation beyond the specified time limit provided for in Section V.B. above, or whose violation is determined by the Town not to warrant being given time to correct the violation, shall be subject to the civil ordinance violation enforcement provisions set forth in 24 VSA 1974a.

D. Fines

1. Violation of any specific section or provision of this Ordinance shall be subject to a fine of $100.00 for a first offense. Subsequent violations of the same section or provision by a Person within twelve (12) months of a previous violation shall be subject to a fine of $300.00 for each violation.

2. Waiver Fees – If, after the Town issues a municipal complaint against a Person for a violation of any provision of this Ordinance, the offending Person decides not to contest the complaint in court proceedings, the Person may pay a waiver fee instead of the fine amount set forth in Section V.D.1., above. The waiver fee for a first offense is $50.00. The waiver fee for a subsequent offense within twelve (12) months of a previous offense is $100.00.

3. Each day in which any violation continues or occurs shall be deemed a separate offense.

E. Liability for Loss by the Town Due to Violation

Any Person violating any of the provisions of this Ordinance shall become liable to the Town for any expense, loss, or damage occasioned by the Town, including reasonable legal expenses, by reason of such offense.

F. Actions to Prevent, Restrain or Abate Violation

Notwithstanding any of the foregoing provisions, the Town may institute any appropriate action, including injunction or other proceeding, to prevent, restrain or abate any violation hereof, and in the case of emergency situations when, in the Town’s determination, violations of the provision of the Ordinance may cause damage to human life or public property, the Town shall have the power to take whatever action is necessary to correct such violation.

G. Board of Health and Health Officer

Nothing in this ordinance shall be construed to prevent the Local Board of Health

or Health Officer from carrying out their duties as prescribed in 18 V.S.A. Chapter 11.

ARTICLE VI

SEVERABILITY/LIABILITY/AMENDMENTS

A. If any portion of this Ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected.

B. These rules and this Ordinance may be amended at any time by the Putney Board of Selectpeople pursuant to applicable provisions of the law.

ARTICLE VII

ORDINANCE IN FORCE

A. Ordinance in Effect

This Ordinance shall be in full force and effect from and after its passage, approval, recording and publication provided by law.

B. Date of Enactment

Duly enacted and ordained by the Selectboard of the Town of Putney, Windham County, State of Vermont, on this 22 day of September, 1997.

C. Effective Date

This Ordinance shall become effective sixty (60) days from the date hereof.

PUTNEY BOARD OF SELECTPEOPLE Signature on File

DOUGLAS HARLOW

Signature of File

ANDREW W. ROBINSON, JR.

Signature on File

JAMES D. OLIVIER

ATTESTED BY:______

Anita M. Coomes (Town Clerk) (date)

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