§ 91.034  MAXIMUM PERMISSIBLE SOUND LEVELS.
   (A)   A person shall not cause or permit sound(s) to intrude onto the property of another person which exceed(s) the maximum permissible sound levels set forth below in Table I below. The sound limitations established herein, as measured at or within the property boundary of the receiving land use, are set forth in Table I and apply after any applicable adjustment, also provided for herein, are applied. When the sound limitations are exceeded, it shall constitute excessive and unnecessary sound and shall be a violation in its own right, as well as being prima facie evidence of noise.
   (B)   This section is violated if any of the following occur:
      (1)   Any continuous sound that exceeds Table I for a cumulative total of greater than five minutes in any ten-minute period;
      (2)   Any sound that exceeds Table I by five dBA for a cumulative total of greater than one minute, but less than five minutes in any ten-minute period; or
      (3)   Any sound that exceeds Table I by ten dBA at any point in time.
 
TABLE I: Table of Maximum Allowable Sound Levels (in dBA) in any Ten-Minute Period
Type of Received by Use
Noise Sensitive
Commercial
Industrial
Type of Source by Use
Day
7:00 a.m. to 10:00 p.m.
Night
10:00 p.m. to 7:00 a.m.
Day
7:00 a.m. to 10:00 p.m.
Night
10:00 p.m. to 7:00 a.m.
Day
7:00 a.m. to 10:00 p.m.
Night
10:00 p.m. to 7:00 a.m.
Commercial
80
70
80
70
80
70
Industrial
80
70
80
70
80
70
Noise Sensitive
60
50
80
70
80
70
 
   (C)   Industrial uses that were non-conforming prior to a December 2, 1982, and are now considered permitted uses under § 10.7.125E of the Development Code shall be subject to the noise standards for industrial uses in Table I above.
(Prior Code, § 5.254)  (Ord. 2010-08, passed 2-28-2011)