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For purposes of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this article, the following test measurements and requirements may be applied. A violation of sections 9.8.101 and 9.8.102 of this part may, however, occur without the following measurements being made:
A. Distance Of Measurement: Noise occurring within the jurisdiction of the City shall be measured at a distance of at least twenty five feet (25') from a noise source located within the public right of way, and if the noise source is located on private property or property other than the public right of way, at least twenty five feet (25') from the property line of the property on which the noise source is located.
B. Measurement:
1. The noise shall be measured on the A weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.
2. For purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of the measurement is not more than five (5) miles per hour, or twenty five (25) miles per hour with a windscreen.
3. In all sound level measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of the sound level measurement. (Ord. 96-41; Ord. 01-42)
A noise measured or registered as provided in section 9.8.103 of this part from any source other than as provided in section 9.8.109 of this part at a level which is equal to or in excess of the db(A) established for the time period and zones listed in this section, is declared to be excessive and unusually loud and is unlawful.
Zone | 7:00 A.M. To Next 7:00 P.M. | 7:00 P.M. To Next 7:00 A.M. | ||
Residential | 55 dB(A) | 50 dB(A) | ||
Commercial | 60 dB(A) | 55 dB(A) | ||
Light industrial | 70 dB(A) | 65 dB(A) | ||
Industrial | 80 dB(A) | 75 dB(A) |
For purposes of this section only, these zones shall be defined as follows:
A. Residential: An area of single or multi-family dwellings where businesses may or may not be conducted in the dwellings. The zone includes areas where multiple-unit dwellings, high rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. Residential zone includes educational facilities, hospitals, nursing homes and similar institutions.
B. Commercial:
1. An area where offices, clinics and the facilities needed to serve them are located;
2. An area with local shopping and service establishments located within walking distances of the residents served;
3. A tourist oriented area where hotels, motels and gasoline stations are located;
4. A large integrated regional shopping center;
5. A business strip along a main street containing offices, retail businesses and commercial enterprises;
6. A central business district; or
7. A commercially dominated area with multiple-unit dwellings.
C. Light Industrial:
1. An area containing clean and quiet research laboratories;
2. An area containing light industrial activities which are clean and quiet;
3. An area containing warehousing; or
4. An area in which other activities are conducted where the general environment is free from concentrated industrial activity.
D. Industrial: An area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operations.
E. Adjacent Zones: When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern. (Ord. 96-41; Ord. 01-42)
Between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., the noise levels permitted in section 9.8.104 of this part may be increased by ten (10) dB(A) for a period of not to exceed fifteen (15) minutes in any one hour period. (Ord. 96-41; Ord. 01-42)
Periodic, impulsive, or shrill noises are declared unlawful when the noises are at a sound level of five (5) dB(A) less than those listed in section 9.8.104 of this part. (Ord. 96-41; Ord. 01-42)
Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, or if no time limitation is imposed, then for a reasonable period of time for completion of project. (Ord. 96-41; Ord. 01-42)
Applications for a permit, for other than vehicular traffic, for relief from the noise level designated in this part on the basis of undue hardship may be made to the Mayor. Any permit granted by the Mayor shall contain all conditions upon which the permit has been granted and shall specify a reasonable time for which the permit shall be effective. The Mayor is authorized to designate a fee which reasonably covers administrative costs incurred for the issuance of the permit. The Mayor may grant the relief as applied for if it is found:
A. That additional time is necessary for the applicant to alter or modify the activity or operation to comply with this part; or
C. That no other reasonable alternative is available to the applicant; and
D. The Mayor may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. 96-41; Ord. 01-42; Ord. 11-19)
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