It is the purpose of this section to provide appropriate standards relating to the operation of certain activities throughout the Town of Baldwin. Such operations may create or maintain such excessive noise, vibration, air pollution, odor, or electromagnetic interference as to be a detriment to the public health, comfort, convenience, safety, and welfare. These standards are, therefore, provided to protect the public interest and promote public health and welfare.

(Ord. No. 2013-01, § 5(Attach., § 9.00.00), 7-9-13)

These standards apply to all lands within the Town of Baldwin.

(Ord. No. 2013-01, § 5(Attach., § 9.00.01), 7-9-13)

Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute, Incorporated (ANSI) or its successor body.

(Ord. No. 2013-01, § 5(Attach., § 9.01.02), 7-9-13)

No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the table below.

SOUND LEVELS BY RECEIVING LAND USE

Note: To be measured at the property line in accordance with the American Standard Method for the Physical Measurement of Sound.

(Ord. No. 2013-01, § 5(Attach., § 9.01.03), 7-9-13)

The following activities or sources are exempt from these noise standards:

(1)

Emergency signaling devices, domestic power tools, air-conditioning and air handling equipment for residential purposes, operating motor vehicles, refuse collection vehicles.

(2)

The unamplified human voice.

(3)

Aircraft operations.

(4)

Houses of worship bells or chimes.

(5)

The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

(6)

Temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m.

(7)

Practices conducted by the bands of Baldwin Middle-Senior High School between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday only.

(Ord. No. 2013-01, § 5(Attach., § 9.01.04), 7-9-13; Ord. No. 2016-03, § 1, 7-18-16)

Where a commercial business has established its use away from other incompatible uses and subsequently, through the encroachment of development, now finds itself adjoining a receiving land category which would require a reduction in noise generation, said commercial business shall not emit a noise which exceeds the maximum noise limitation for the receiving land use category by more than ten (10) decibels.

(Ord. No. 2013-01, § 5(Attach., § 9.01.05), 7-9-13)

(a)

Determination of visual density. The Ringelmann Chart, published by the U.S. Department of Interior, Bureau of Mines Information Circular 8333, May 1967, is the standard measure for determining the equivalent opacity of smoke. All measurements shall be taken at the point of emission of the smoke.

(b)

Standard. No land use may emit any smoke that exceeds a density or equivalent capacity of Ringelmann No. 2 for more than four (4) minutes during any eight-hour period.

(Ord. No. 2013-01, § 5(Attach., § 9.04.00), 7-9-13)

In all districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety, and welfare including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity is conducted.

(Ord. No. 2013-01, § 5(Attach., § 9.05.01), 7-9-13)

No power lines in excess of twenty-five (25) KV will be constructed on or above residential land uses in the town.

(Ord. No. 2013-01, § 5(Attach., § 9.05.02), 7-9-13)