(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)