[§342F-31.5]  Noise measurement;rules.  (a)  The department shall adopt rules in accordance with chapter 91that shall use both the dBC and the dBA sound level measurement systems forcommunity noise control.  The department and the county liquor commissions mayenforce nighttime noise levels in any urban land use district measured fromover fifty to sixty decibels, measured using the dBC weighting system, incertain areas they deem appropriate and not adversely affecting public healthand safety.

(b)  In any urban land use district, a soundlevel of more than sixty decibels for bass sound (using the dBC weightingsystem), measured at a complainant's site, shall be deemed to exceed themaximum permissible sound at nighttime; provided that, where the complainant'ssite is within or in close proximity to an area zoned mixed-use or residential,the maximum permissible sound at nighttime shall be fifty decibels dBC.

(c)  For purposes of this section:

"Nighttime" means the time betweenthe hours of 10:00 p.m. and 7:00 a.m.; and

"Urban land use district" meansproperty designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3]

 

Note

 

  Developing recommendations for a permanent maximum decibelsound level for chapter 281 licensees by January 2010. L Sp 2009, c 25, §2.