§ 90.03  MAXIMUM PERMITTED SOUND LEVELS BY USE OCCUPANCY.
   (A)   Except as allowed in division (B) below, no person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which at its peak exceeds the limits set forth for the use occupancy categories in Table 1 when measured at or beyond the property line of the property from which the sound originates.  For purposes of measurement, the back of the curb, the outside edges of driveways, fences, hedges, or other physical features commonly associated with property boundaries are presumed to be at a point which is at or beyond the property line.  In all cases, the maximum sound level permitted by use occupancy shall be determined on the basis of the use occupancy of the property from which the sound originates and not by the use occupancy of any surrounding property.  Sound which originates from a dwelling unit in a duplex or other multi-family housing unit shall be measured from any point which is at least 25 lineal feet, whether inside or outside a building, from the nearest point of the enclosed or habitable space of the dwelling unit from which the sound originates.
 
Table 1:  Sound Levels by Use Occupancy
Use Occupancy Category
Time Limit
Sound Level (dB(A))
Residential
11:00 a.m. - 11:00 p.m.
60
11:00 p.m. - 7:00 a.m.
55
Public Space, Commercial, or Business
7:00 a.m. - 11:00 p.m.
65
11:00 p.m. - 7:00 a.m.
60
Manufacturing, Industrial, or Agricultural
At all times
75
 
   (B)   Sound levels in excess of the limits established in Table 1 will be permitted in public space, commercial or business space, manufacturing, industrial, or agricultural space, but not on residential space, as follows:
 
Table 2
Without Permit (dB(A))
With Permit to Exceed (dB(A))
Friday (1:00 p.m. - 11:00 p.m.)
75
80
Saturday (10:00 a.m. - 11:00 p.m.)
75
80
Sunday (1:00 p.m. - 6:00 p.m.)
75
80
Holidays (as defined in § 90.01) (12:00 p.m. - 11:00 p.m.)
75
80
 
   (C)   No property owner shall allow a noise-related nuisance or health or safety hazard to be erected or maintained by or on account of tenants of the property owner.  For purposes of this division (C), a noise-related nuisance or health or safety hazard shall be deemed to exist when a tenant or group of tenants at a specific location receives a third citation for noise ordinance violation pursuant to this chapter.  The property owner shall be liable for the costs of remedying the nuisance or health or safety hazard in accordance with the provisions of section 9-(e).  A property owner may be held liable for the costs of abating the nuisance or remedying the health or safety hazard only if the property owner has been notified in writing, via actual delivery or certified mail, of the first 2 ordinance violations.  A property owner shall be liable for the costs of abating the nuisance or remedying the health or safety hazard upon the third and any subsequent action by the same tenant at a specific location, provided the third violation occurs at least 15 days from the date of actual receipt of notice of the second violations.  It shall be a complete defense to a citation under this division (C) if the owner of the real property involved can prove that he or she is actively pursuing an eviction process according to law, and that the process was begun prior to the date of the third or any subsequent violation by the same tenant at a specific location.
(Ord. 327, passed 9-16-2003)  Penalty, see § 90.99