A. Community Noise Standards: It is unlawful for any person to create any noise which would cause the noise level measured at either the property line or the area of the property affected by the noise emission to exceed the following community noise standards:
NOISE STANDARD
Zone |
Time
|
dB(A)
| |
Zone |
Time
|
dB(A)
| |
Residential | 10:00 P.M. - | 7:00 A.M. | 70 |
7:00 A.M. - | 10:00 P.M. | 80 | |
Commercial | 10:00 P.M. - | 7:00 A.M. | 85 |
7:00 A.M. - | 10:00 P.M. | 90 | |
Industrial | 10:00 P.M. - | 7:00 A.M. | 90 |
7:00 A.M. - | 10:00 P.M. | 95 | |
B. Lower Noise Standard Applies: If the measurement location is on a boundary between two (2) zoning districts, the lower noise standard shall apply.
C. Ambient Noise Level:
1. If the ambient noise level in a residential zoned location is measured and found to be sixty five (65) dB(A) or less between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., then the actual ambient noise level will be community noise standard.
2. If the ambient noise level in any zoning district is measured and found at any time to be in excess of the community noise standards described in subsection A of this section, then the actual ambient noise level will be the community noise standard.
D. Noise Level Violation: A noise level which exceeds the community noise standard by five (5) dB(A) or more, when measured at the affected area, the nearest property line, or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this section 13-15.
E. Exceptions; Special Event Permit: Exceptions may be granted by the city council to exceed an applicable noise level pursuant to a special event permit applied for at least twenty (20) days in advance of the special event. Written application shall be submitted to the city clerk on an approved form, specifying the date, start and finish times, location, and nature of the special event for which the permit is sought. (Ord. 00-502 § 2, 12-11-2000; Ord. 01-507 § 1, 2-26-2001; Ord. 07-704 § 1, 7-23-2007)