8-32-090 Mechanical stationary sources.

   (a)   No person shall operate or permit operation of any mechanical stationary source in such a manner as to generate sound having a sound pressure level greater than 55 dB(A) when measured from a distance of 100 feet or more from the source, or 70 dB(A) when measured from a distance of 10 feet or more from the source. The place of measurement shall be from the nearest adjacent public way, or nearest adjacent property, whichever is closer to the source.

   (b)   The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary source is subject to other operating hours pursuant to a permit or other written authorization issued by the department of health.

   (c)   The commissioner of health shall have authority to enforce the provisions of this section.

   (d)   The commissioner of health is authorized to promulgate rules and regulations to enforce the provisions of this section, including regulations specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained equipment that complies with procedures adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.

   (e)   The limits set in subsection (a) of this section do not apply to sounds generated by a generator employed to provide emergency electrical power.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-100 Emergency signal devices.

   No person shall intentionally sound or permit the sounding outdoors of any fire alarm, burglar alarm, siren or similar stationary emergency signaling device except in the following instances:

   (a)   For emergency purposes; or

   (b)   For testing, provided that:

      (1)   each time such a test is performed, the test shall use only the minimum cycle test time and in no case shall exceed four minutes nor shall it occur before 9:00 A.M. or after 5:00 P.M.; and

      (2)   periodic testing of any stationary emergency signaling device shall occur at the same time of day.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-110 Non-emergency signal devices.

   (a)   No person shall sound or permit the sounding of any signal from any stationary bell, chime, siren, whistle or similar device, or any recording or electronic reproduction thereof, intended primarily for non-emergency purposes from any place in such a manner as to create a noise disturbance within a residential district for more than five minutes in an hourly period.

   (b)   No person shall blow or cause to be blown any steam whistle as a signal for commencing or suspending work or for any other purpose. This subsection does not prohibit the use of steam whistles as alarm signals in case of fire, collision or other imminent danger.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-120 Restrictions within noise sensitive zones.

   Within a noise sensitive zone, designated pursuant to section 8-32-060 of this chapter and marked with signs conspicuously indicating the zone's boundaries, no person shall create or cause the creation of any sound so as to interfere with the functions of any school, library, church, hospital or nursing home.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-130 Loading and unloading operations.

   No person shall undertake or cause the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to cause a noise disturbance within a residential district or within a noise sensitive zone.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-140 Construction, repair or demolition equipment.

   (a)   No person shall use or cause the use of any mechanical equipment or tool operated by fuel or electric power in building, construction, repair or demolition operations between the hours of 8:00 P.M. and 8:00 A.M. within 600 feet of any residential building or hospital.

   (b)   The limitation of this section does not apply to any construction, demolition or repair work of an emergency nature or to work on public improvements authorized by a governmental body or agency.

   (c)   This section may be enforced by designated employees of the departments of police, buildings, business affairs and consumer protection, fire, finance, streets and sanitation, transportation and planning and development, who are authorized to issue citations for violations.

   (d)   Any person who violates this section shall be liable for a penalty of not less than $1,000.00 nor more than $2,500.00 for the first violation; not less than $2,500.00 nor more than $5,000.00 for the second violation for the same offense within one year; and not less than $5,000.00 nor more than $10,000.00 for the third and each subsequent violation for the same offense within one year for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 19)

PART C. OTHER LIMITATIONS ON NOISE AND VIBRATIONS (8-32-150 et seq.)

8-32-150 Limitations on noise not otherwise addressed.

   For any noise source not specifically addressed in Part B of this chapter, except where exempted or excluded by section 8-32-170, the following general limitations shall apply:

   (a)   Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on the public way that is louder than average conversational level at a distance of 100 feet or more, vertically or horizontally, from the source.

   (b)   Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on any private open space that is louder than average conversational level at a distance of 100 feet or more, measured from the property line of the property from which the noise is being generated.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-160 Limitations on earthshaking vibrations.

   (a)   In M2 general manufacturing districts and M3 heavy manufacturing districts, any property use creating intense earthshaking vibrations shall be set back at least 300 feet from the boundary of a residence, business or commercial district and at least 150 feet from the boundary of an M1 restricted manufacturing district; provided that, there shall be no violation if the property use does not transmit beyond the lot lines any earthshaking vibrations which are perceptible without the aid of instruments.

   (b)   In all other districts, any property use creating earthshaking vibrations must be controlled in such manner as to prevent transmission beyond the lot line of earthshaking vibrations perceptible without the aid of instruments; provided that, this limitation does not apply where the affected adjoining property is zoned M3 (heavy manufacturing).

   (c)   In all zoning districts earthshaking vibrations that create a nuisance or hazard beyond the lot lines of the source are prohibited.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)