(A) Definitions. All definitions and terminology used in this section not defined herein shall be in conformity with applicable publications of the American National Standards Institute (ANSI) or its successor body. As used in the section:
dB(A). Means the A-weighted sound-pressure level, in decibels, as measured by a sound-level meter complying with the provisions of the American National Standards Institute, properly calibrated and operated on the A-weighted network.
MOBILE NOISE SOURCE. Means any source (other than an individual) of acoustic energy in motion relative to a fixed position.
NOISE LEVEL and SOUND PRESSURE LEVEL. Mean, in decibels, 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 108 microbars squared (20 micropascal squared).
NOISE POLLUTION. Means the presence of an amount of acoustic energy for a period of time necessary to:
(1) Cause temporary or permanent hearing loss to persons exposed;
(2) Be otherwise injurious to the public health or welfare, or tend to be injurious to the public health or welfare based on current information;
(3) Cause a nuisance;
(4) Interfere with domestic tranquility, that is, the comfortable enjoyment of life and property or the conduct of a business; or
(5) Exceed standards or restrictions established herein or pursuant to the granting of any permit by Council.
NOISE SOURCE. Means any person or animal, or any mechanical, electrical or thermal device that radiates acoustic energy.
(B) Noise pollution prohibited. No person owning, leasing or controlling the operation of any source of noise, including an animal, shall knowingly, negligently, purposely or recklessly permit the establishment or continuation of a condition of noise pollution.
(C) Noise near residential or institutional uses. No person shall create or cause to be emitted from his or her person, or from any stationary noise source, a noise which causes or results in a noise level equal to or exceeding 55 dB(A) measured at a lot line of any lot located in a residential district or at an institutional use elsewhere.
(D) Noise near commercial or industrial uses. No person shall create or cause to be emitted from his or her person, or from any stationary noise source, a noise which exceeds or results in a noise level equal to or exceeding 60 dB(A) measured at a lot line of any lot of a commercial or industrial enterprise other than a residential lot or institutional use.
(E) Noise from mobile sources.
(1) No person shall create or cause to be emitted from any mobile noise source, other that his or her person, a noise which causes or results in a maximum noise level equal to or exceeding 85 dB(A) at a distance equal to or greater that 50 feet from the closest point of the source, except for trucks exceeding 10,000 pounds gross vehicle weight, for which the maximum allowable noise level shall be 90 dB(A) at a distance equal to or greater than 50 feet from the closest point of the source. For other measurement distance, the following table shall apply:
Measurement distance Maximum permissible noise
(feet) (dB(A))
50 85
40 87
30 90
20 93
(2) For trucks exceeding 10,000 pounds gross vehicle weight, the permissible noise levels in the preceding table shall be increased by 5 dB(A).
(F) Noise from entertainment places. No person owning, leasing or controlling the operation of a place used for entertainment, such as, but not limited to, a restaurant, hotel, bar, summer garden or patio, shall knowingly, negligently, purposely or recklessly permit the imposition or continuation of a sound pressure (noise) level exceeding 85 dB(A) on any member of the audience or patrons by a sound system at such establishment or by a person engaged or employed by the owner, lessee or person in control, nor shall any person owning, leasing or controlling any such establishment knowingly, negligently, purposely or recklessly permit any noise to be emitted which continuously (longer than three minutes) exceeds 60 dB(A) at the lot line or beyond or which exceeds 75 dB(A) intermittently (longer than one minute) measured at the lot line or beyond of such establishment.
(G) Federal noise emission standards. In those instances where federal noise emission standards are established for any noise source, such noise emission standards shall also be applicable to noise sources existing under conditions, such as non-interstate commerce, where the federal standards would not otherwise apply. Federal noise emission standards shall be superseded in conflicts with this chapter when the federal standards are less stringent.
(H) Interpretation; other laws. Compliance with the provisions of this section shall not relieve any person from the responsibility of complying with other laws, statutes, codes, regulations or municipal ordinances.
(I) Variances. Council may grant variances from the provisions of this section after public hearing or may reject applications on review without a hearing. Variances thus granted my be effective for not longer than six months.
(J) Penalty. Whoever violates this section is guilty of a minor misdemeanor for a first offense. For a second or subsequent offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 706, passed 4-16-90; Am. Ord. 717, passed 8-5-91)