(a) No person shall operate, cause to be operated, or permit on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the zoning designations category in Table 3.
TABLE 3 SOUND LEVELS BY ZONING DESIGNATIONS | ||
Zoning designation of receiving land | Maximum number of decibels permitted from 8:00 a.m. to 11:00 p.m. Sunday through Thursday; 8:00 a.m. to 12:00 midnight Friday and Saturday | Maximum number of decibels from 11:00 p.m. to 8:00 a.m. Sunday night through Thursday morning; 12:00 midnight to 8:00 a.m. Saturday and Sunday morning |
Residential | 60 dBA | 50 dBA |
Commercial | 65 dBA | 65 dBA |
Industrial | 70 dBA | 70 dBA |
(b) The sound level limits set forth in Table 3 shall be exceeded when any one or more of the following occur:
(1) The noise at any one point in time exceeds any of the established zone limits in Table 3 by a measured sound level of 15 dBA; or
(2) The noise exceeds any of the established zone limits in Table 3 by a measured sound level of ten dBA for a cumulative total of one minute or more out of any ten-minute period; or
(3) The noise exceeds any of the established zone limits in Table 3 by a measured sound level of three dBA continually for a period of five minutes, or a total of five minutes out of any ten-minute period.
(c) For the purposes of this section, noise shall be measured at or beyond the property line of the property on which the noise source is located, and shall be made at least ten feet from any large reflecting surfaces.
(d) For any source of sound which emits a pure tone, cyclically varying sound, or repetitive impulsive sound, the limits set forth in Table 3 shall be reduced by five dBA.
(e) Any noise which occurs on property which, according to the Zoning Code, is being used in a legally nonconforming manner, and which noise relates to such use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
(f) If the zoning designation of the property on which the source of the noise is located differs from the zoning designation of the property on which the noise is measured, the maximum permissible noise level of the more restrictive zoning designation shall apply.
(g) The provisions of this section shall not apply to the following:
(1) Activities covered by Section 634.03.
(2) Refuse collection vehicles.
(Ord. 2009-27. Passed 5-6-09.)