565.01 Authority.
565.02 Definitions.
565.03 Prohibitions.
565.04 Measurement of sound.
565.05 Classification of use occupancies.
565.06 Maximum permissible sound levels by use occupancy.
565.07 Exemptions.
565.08 Special permits.
565.09 Severability.
565.99 Violations and penalties.
CROSS REFERENCES
Disorderly conduct; disturbing the peace - see GEN. OFF. Ch. 509
For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning, or for those so included, the meaning found in Section 563.01 of the Galion Codified Ordinances.
(a) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated DBA
(b) "C-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network. The level so read is designated DBC.
(c) "Decibel (Db)" means a unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micronewtons per square meter.
(d) "Sound pressure level" means twenty (20) times the logarithm to the base ten (10) of the ratio of the root mean square (RMS) sound pressure level to the reference of twenty (20) micronewtons per square meter.
(e) “Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing networks used to measure sound pressure levels.
(f) "Sound level" means the A-weighted sound pressure level, measured with a sound level meter (SLM).
(g) "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, the State, or any political subdivision thereof.
(h) "Emergency work" means any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
(i) "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(j) "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
(k) "Property line" means an imaginary line along the surface and its vertical plane extension, which defines the boundary of the real property owned, rented, or leased by the person from that owned, rented or leased by another person. Intra-building real property lines are excluded.
(1) "Average level" means the average of the sound level over some stated period of time.
(m) "Ambient Noise" means the all-encompassing noise that is normally associated with a particular environmental surrounding, usually being made up of a composite of sounds. This is sometimes referred to as background noise.
(n) "Source" means the location of and the activity which emits noise or sound which is audible outside the source owner's property line.
(o) “Receiver” means the location, or land use category of a location, where persons are located who are annoyed by noise or sound they hear coming from another property.
(p) "Holiday Weekend" means the following weekends: New Years Day, Memorial Day, 4th of July, and Labor Day.
(q) "Weekend" means - Friday p.m. - Sunday 10 p.m.
(Ord. 2000-83. Passed 11-28-00.)
(a) The measurement of sound or noise shall be made with the City’s sound level meter which shall meet the standards prescribed by the American National Standards Institute (ANSI). The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used at all times. Traffic, aircraft and other transportation noise sources and other noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. If the background noise interferes with the primary noise being measured, the primary noise being measured shall be limited to a level which is the greater of either the Table I value, or where combined with the ambient sound, a level which is two (2) decibels above the level of the ambient sound level measurement alone.
(b) The slow meter response of the City's sound level meter shall be used in order to best determine that the average level has not exceeded the limits set forth for the use occupancy category in Table I below. A sound level meter with a level averaging circuit may be used.
(c) The measurement shall be made at or up to fifty (50) feet beyond the property line of the property on which such noise is generated. In the event of a complaint, the measurement shall be made at or up to fifty (50) feet beyond the property line of the property on which such noise is generated in the direction of the complainant location. Any measurement shall be at least two (2) minutes in duration.
(d) In the case of an elevated or directional sound or noise source, compliance with the noise limits shall be maintained at any elevation at the boundary.
(e) The ambient sound level measurement shall be measured at the same location along the property line utilized in Section 565.04(c), while the primary noise being measured is inoperative. If the primary noise being measured cannot be turned off, is not turned off or if additional sound is created to distort the ambient sound level measurement, the ambient sound level measurement will be estimated by performing a measurement in the same general area of the noise being measured. (Ord. 2000-83. Passed 11-28-00.)
For purposes of defining "use occupancies," all premises zoned as a residential category shall be considered residential use. All premises containing transient commercial sleeping quarters legally permitted shall be considered tourist use. All premises containing business where sales, professional, or other commercial use is legally permitted shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use. Hospitals, nursing homes, schools, libraries, and church uses shall be considered residential uses. In other cases of multiple use zones, the more restrictive zoned use category shall prevail. Any area not otherwise classified shall conform to commercial standards.
(Ord. 2000-83. Passed 11-28-00.)
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