(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL AREA. Any parcel of land zoned as C - North Gateway, C - South Gateway, DT, National Road District under the Zoning Ordinance.
dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter using the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute.
DECIBEL. A unit measure of sound level; the symbol is dB.
EMERGENCY WORK. Any activities performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by existing or imminent peril.
INDUSTRIAL AREA. Any parcel of land zoned as IM under the Zoning Ordinance.
PROPERTY LINE. The real line and its vertical extension which separates the real property owned, leased, or occupied by any person from contiguous real property owned, leased, or occupied by any other person.
PUBLIC PROPERTY. All real property which is owned or controlled by a governmental entity, and shall include any public rights-of-way, public buildings, parks, and waterways.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley, or any other property which is owned or controlled by a governmental entity.
RESIDENTIAL AREA. Any parcel of land zoned as R-U, R-M, R-L, or TN under the Zoning Ordinance.
SOUND AMPLIFICATION SYSTEM. Any apparatus used for the amplification of sounds from any radio, tape player, cassette player, compact disc player, loudspeaker, sound amplifier, alarm, or other sound-generating device, including any apparatus for the amplification of the human voice.
SOUND LEVEL METER. An instrument designed to measure sound pressure levels.
SOURCE PROPERTY. The property from which the sound being measured originates.
(B) Violation. Except for sound produced by operation of church bells or where an agreement has been reached with the city, the following shall constitute a violation hereunder, using, operating, or permitting to be played, used, or operated, any machine or device for the producing or reproducing of sound in a manner so as to disturb the peace, quiet, and comfort of neighboring inhabitants when such sound exceeds the sound level limit as it pertains to the zoning districts below:
(1) Residential area during the hours of 7:00am - 10:00pm= 55 dB(A);
(2) Residential area during the hours of 10:00pm - 7:00am= 50 dB(A);
(3) Commercial area during the hours of 7:00am - 10:00pm= 66 dB(A);
(4) Commercial area during the hours of 10:00pm - 7:00am= 64 dB(A);
(5) Industrial area during the hours of 7:00am –10:00pm= 66 dB(A); and
(6) Industrial area during the hours of 10:00pm - 7:00am= 64 dB(A).
(C) Zoning districts. The restriction of the dB(A) set forth above shall apply to the zoning district of the source property, and not the zoning district of the property owned by the complainant.
(D) Measurement procedures. The sound level meter shall be operated according to the instrument manufacturer’s instruction and as follows.
(1) Microphone orientation. Unless the instrument manufacturer’s instructions specifically indicate otherwise, the microphone shall be pointed toward the allegedly offensive noise source on the source property.
(2) Meter setting. The meter shall be set for the A-weighted network and “slow” response mode.
(3) Calibration. An external calibration check and battery check shall be made before and after each use.
(4) Meter readings. The recorded reading shall be the highest sound level obtained with the allegedly offensive noise source in operation, disregarding unrelated peaks due to extraneous ambient noises.
(5) Measurement. Sound levels shall be measured at the approximate location of the complainant’s property line, at a height of at least four feet above the immediate surrounding surface.
(6) Response to complaints. After a complaint is made, the officer shall measure the dB(A), if the noise level exceeds the dB(A) level allowed for the sound sources zone, then the officer shall speak to the sound maker to come into compliance. The source sound maker shall have 30 minutes to lower sound into compliance based on the zoning area. If compliance does not occur within 30 minutes, then a citation shall be issued to the owner of the sound source. For every complaint and noncompliance action taken, a new citation shall be issued if the sound maker continues to exceed the dB(A) level allowed for the sound source’s zone.
(Ord. 2019-25, passed on 5-13-2020) Penalty, see § 95.99