(A) Definitions. Acoustical terminology used throughout this section is that most recently approved as American Standard Acoustical Terminology by the American National Standards Institute; except as may be specified otherwise herein.
dBA. The A-weighted sound-pressure level in decibels, as measured by a sound-level meter complying with the provisions of American Standard for General Purpose Sound Level Meters, American National Standards Institute, properly calibrated, and operated on the “A” weighting network.
MOBILE NOISE SOURCE. Any source (other than an individual) of acoustic energy in motion relative to a fixed position.
NOISE LEVEL or SOUND-PRESSURE LEVEL. In decibels, means ten times the common logarithm of the ratio of the time-mean square pressure of the sound to the reference mean-square sound pressure. The reference mean-square sound pressure shall be 4 x 10-8 microbars squared (20 micropascal squared).
NOISE POLLUTION. The presence of that amount of acoustic energy for that period of time necessary;
(a) To cause temporary or permanent hearing loss in persons exposed;
(b) To be otherwise injurious, or tend to be, on the basis of current information, injurious to the public health or welfare;
(c) To cause a nuisance;
(d) To interfere with domestic tranquility, that is, the comfortable enjoyment of life and property or the conduct of business; or
(e) To exceed standards or restrictions established herein or pursuant to the granting of any permit by the Safety Director.
NOISE SOURCE. Any person, or mechanical, electrical, or thermal device which radiates acoustic energy.
PERSON. Any individual, partnership, association, firm, syndicate company, trust, corporation, department, bureau, or agency, or any other entity recognized by law as the subject of rights and duties.
STATIONARY NOISE SOURCE. Any source (other than an individual) of acoustic energy in a fixed position.
(B) General prohibition of noise emissions. No person or persons owning, leasing, or controlling the operation of any source or sources of noise shall willfully, negligently, or through failure to take necessary precautions, permit the establishment or continuation of a condition of noise pollution in any district in the city except as follows:
(1) Lawn mowers and related lawn equipment may be operated;
(2) Carpenter/construction (building and street) tools may be operated;
(3) Chain saws and related equipment may be operated;
(4) Private or public rubbish/trash haulers may operate;
(5) Street sweepers may be operated;
(6) Air conditioners (window type or stationary) may be operated as necessary for the protection, health, safety and welfare of the citizens of the city;
(7) Emergency situations wherein immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from eminent exposure to danger;
(8) Noises of safety signals, warning devices, and emergency pressure relief valves;
(9) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;
(10) Noises resulting from authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city who has been authorized this responsibility by the Safety Director;
(11) Noises resulting from sports events authorized by the Board of Education, private schools, colleges or universities.
(C) Noise from persons or stationary noise sources in residential zoning districts or affecting residential or institutional property. No person during the hours from 11:00 p.m. to 7:00 a.m. Monday through Saturday or anytime on Sunday shall create or cause to be emitted from his or her person, or from any stationary noise source, any noise which causes or results in a noise level equal to, or exceeding, 55 dBA measured at any lot line of any lot located in any residential zoning district or in residential or institutional use elsewhere.
(D) Noise from persons or stationary noise sources in commercial and industrial zoning districts. No person during the hours from 11:00 p.m. to 7:00 a.m. Monday through Saturday or anytime on Sunday shall create or cause to be emitted from his or her person, or from any stationary noise source, any noise which causes or results in a noise level equal to, or exceeding, 60 dBA measured at any lot line of any lot located in any commercial zoning district other than a lot in a residential or institutional use, or 80 dBA measured at any lot line of any lot located in any industrial zoning district other than a lot in a residential or institutional use.
(E) Noise in places used for entertainment. No person or persons owning, leasing, or controlling the operation of any commercial place used for entertainment shall willfully, negligently, or through failure to take necessary precautions, permit the imposition or continuation of a sound-pressure (noise) level exceeding 85 dBA.
(F) Federal Noise Emission Standards. In those instances where Federal Noise Emission Standards are established for any noise source, then those Noise Emission Standards shall also be applicable to the same or similar noise sources existing under conditions, such as noninterstate commerce, where the Federal Standards would not otherwise apply. Federal Noise Emission Standards shall supersede in all conflicts with this ordinance when the Federal Standards are less stringent.
(G) Conflict with other regulations. These noise control regulations shall not relieve any person from complying with other laws, statutes, codes, regulations, or ordinances of the city.
(H) Variances. The Board of Zoning Appeals may grant variances after public hearing or may reject applications on review without a hearing. Variances thus granted may be effective for no longer than one year.
(I) Severability. Each of these regulations shall be construed as separate to the end that if any regulation or section, sentence clause or phrase thereof shall be held invalid for any reason, the remainder of these regulations shall continue in full force.
(J) Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor, provided the offender has not previously been convicted of a violation of this section. If the offender had previously been convicted of any violation then such subsequent violation shall be a misdemeanor of the second degree.
(Ord. 4022, passed 9-15-1980) Penalty, see § 130.99