(A) Noise prohibited. It shall be unlawful to make, continue or cause to be made or continued, any noise in excess of the noise levels set forth unless such noise be reasonably necessary to the preservation of life, health, safety or property.
(B) Measurement of noise.
(1) Any activity not expressly exempted by this section which creates or produces sound regardless of frequency exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house within any adjoining apartment) by more than six decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, shall be deemed to be a violation of the ordinance, but any enumeration herein shall not be deemed to be exclusive.
Duration of Sound | 7:00 a.m.-6:00 p.m. (all districts) | 6:00 p.m.- 10:00 p.m. (residential districts) and 6:00 p.m.-7:00 a.m. (all other districts) | 10:00 p.m.- 7:00 a.m. (residential districts) |
Less than 10 minutes | 75db | 70db | 60db |
Between 10 minutes and 2 hours | 70db | 60db | 50db |
In excess of 2 hours | 60db | 50db | 40db |
(2) In determining whether a particular sound exceeds the maximum permissible sound level in the above table:
(a) Sounds in excess of the residential district limitations as measured in a residential district or other district;
(b) During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in Column III of the table.
(3) Sounds emanating from the operation of (1) motor vehicles on public highways; (2) aircraft; (3) outdoor implements such as power lawn mowers, snowblowers, power hedge clippers and power saws; and (4) pile drivers or jackhammers and other construction equipment from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from the provisions of this section.
(C) Construction equipment.
(1) Except as hereinafter provided, no pile driver, jackhammer or other construction equipment shall be operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays and state and federal holidays, except under conditional use permit provided below and no such equipment shall be operated at any time if the sound level from such operation exceeds 100 decibels measured along any property line; provided however, that said decibel maximum sound limit is reduced to 95 decibels effective the second anniversary of the enactment of this section, and 90 decibels effective the fourth anniversary; provided further, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein may be operated during the above prohibited hours and days. When any of the above named equipment is used for any purpose other than construction, the ambient noise levels apply.
(2) No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times set forth in this section and any sound emitted from any such engine or power unit shall not exceed 83 decibels measured along the property line.
(3) If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a conditional use permit may be granted for extended hours of operation of such construction equipment and internal combustion engine or power unit as follows:
(a) In the event of an emergency situation a permit may be granted for such operation during any hour of any day for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues.
(b) In the event of a determination of substantial economic loss to a person, a conditional use permit may be granted for such operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays and state and federal holidays upon the condition that while any construction equipment, internal combustion engine or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwellings, except that if while any such construction equipment, internal combustion engine or power unit is in operation, its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted for operation during any hour of any day.
(D) Outdoor implements. Except as hereinafter provided, any power lawn mower, snowblower, power hedge clipper, power saw or such other implement designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays and state and federal holidays; provided however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein, may be operated during the above prohibited hours.
Penalty, see § 130.99