(A) During day hours. No person shall make, continue, or cause to be made the emission of sound during daytime hours (7:00 a.m. to 10:00 p.m) from any noise source to any receiving residential land:
(1) Which can be heard from a distance of 300 or more from the source; and/or
(2) Which exceeds 60 dBA when measured at any point within such receiving residential land shall be in violation of this chapter; provided, however, that the point of measurement shall be on the property line of the complainant. Further, no person shall permit any sound as described herein to be made in or upon any house, premises, or property owned or possessed by them or under their management and or control.
(B) During night hours. No person shall make excessive, unnecessary, continuous, unreasonable, continue, or cause to be made the emission of sound during nighttime hours (10:00 p.m. to 7:00 a.m.) from any noise source to any receiving residential land:
(1) Which can be heard from a distance of 100 feet or more from the source; and/or
(2) Which exceeds 55 dBA when measured at any point within such receiving residential land; provided, however, that point of measurement shall be on the property line of the complainant. Further, no person shall permit any sound as described herein to be made in or upon any house, premises, or property owned or possessed by them or under their management and/ or control.
(C) Public nuisance declared. Sound emissions in violation of (A) and (B) above are hereby declared to be a public nuisance.
(D) Point of measurement. For the purposes of determining violations of (A) and (B) above within attached multiple-family structures or multiple unit developments such as apartments, condominiums and townhomes, the point of measurement shall be the outer property line of the multiple-family structures or multiple unit developments and not at the dividing walls between individual units in said structures.
(Ord. O-113-9-14, passed 9-11-2014) Penalty, see § 94.99