The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter.
(a) Air Conditioners. Maintaining any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a residential real property boundary. Maximum levels shall not exceed 60 dBA at 50 feet from source between the hours of 8:00 a.m. and 9:00 p.m. and 50 dBA at 50 feet from source between the hours of 9:00 p.m. and 8:00 a.m.
(b) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 8:00 a.m., or after 8:00 p.m. on Saturdays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance. During the permitted period of operation, maximum sound levels in residential areas shall not exceed 60 dBA measured at a distance of 50 feet from the vehicle or other noise sound.
(c) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower or other similar device used outdoors, other than powered snow removal equipment, outdoors between the hours of 9:00 p.m. and 8:00 a.m., or on Saturday or Sunday before the hour of 8:00 a.m. so as to cause a noise disturbance across a residential real property boundary. During the permitted period of operation, maximum sound levels in residential areas shall not exceed 60 dBA measured at a distance of 50 feet from the vehicle or other noise sound.
(d) Emergency Signaling Devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in this section. Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m., or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test exceed ten minutes.
(2) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation.
(3) The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger.
(e) Explosives, Firearms and Similar Devices. The using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way.
(f) Loading or Unloading. Loading, unloading, opening, closing or other handling in boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 8:00 a.m., and before 10:00 a.m. on Sundays, in such a manner as to cause a noise disturbance across a residential real property boundary.
(g) Loudspeakers/Public Address Systems.
(1) Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of- way or public space for any commercial purpose.
(2) Using, operating or permitting for any noncommercial purpose any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 9:00 p.m. and 10:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.
(h) Places of Public Entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any enclosed place of public entertainment at a sound level greater than 95 dBA as read with a slow response on a sound level meter at any point which is normally occupied by a customer unless a conspicuous and legible sign is located outside such place near each public entrance stating:
"WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT".
(i) Powered Vehicles. Operating or permitting the operation of powered vehicles (i.e., powered model airplanes, go-carts, lawn mowers, snowblowers) so as to create a noise disturbance across real property boundary or in a place of public entertainment between the hours of 9:00 p.m. and 8:00 a.m.
(j) Radios, Television Sets, Musical Instruments and Similar Devices. Operating playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument or similar device which produces, reproduces or amplifies sound:
(1) Between the hours of 10:00 p.m. and 8:00 a.m. on weekdays and before 10:00 a.m. and after 8:00 p.m. on Sundays, in such a manner as to create a noise disturbance across a residential real property boundary, or;
(2) In such a manner as to create a continuing noise disturbance in excess of 50 dBA at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space.
(k) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, motor bicycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(l) Animals and Birds. Owning or possessing or harboring any animal or bird which frequently or continuously howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.
(m) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 7,000 pounds or any auxiliary equipment attached to such vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 8:00 a.m. as further provided in Chapter 440. This section shall not apply to public utilities vehicles, municipal service vehicles or buses operated as common carriers.
(2) No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by such vehicle exceeds the levels set forth in Table 1, below, when measured at the location and distance established by division (m)(3) hereof, or otherwise operate a motor vehicle in a manner prescribed by Sections 432.03, 432.35, or 438.21. This section shall apply to all licensed motor vehicles, whether publicly or privately owned.
TABLE 1 Maximum Motor Vehicle and Motorcycle Sound Levels | ||||
Sound Pressure Level in dBA | Stationary Run-Up | |||
Vehicle class | Speed limit 35 miles per hour or less | Stationary engine speed | Microphone distance from vehicle | Noise limit in dBA |
TABLE 1 Maximum Motor Vehicle and Motorcycle Sound Levels | ||||
Sound Pressure Level in dBA | Stationary Run-Up | |||
Vehicle class | Speed limit 35 miles per hour or less | Stationary engine speed | Microphone distance from vehicle | Noise limit in dBA |
Motor carrier vehicle engaged in interstate commerce of GVWRR or GCWR of 10,000 pounds or more | Adopt Federal interstate motor carrier procedures | Maximum governor speed (N/A to vehicles w/o governors). Ungoverned vehicles of this class shall be tested at 75% of motor speed at maximum developed horse-power | 50 feet from center line of vehicle | 88 |
Any motor vehicle with a GVWR or GCWR of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle | 86 (Min. of 15 feet from center lane of traffic) | 88 | ||
Any motorcycle | 80* (Min. of 15 feet from center lane of traffic) | 1/2 tachometer red line value | 20 inches from near side of vehicle | 95 |
Any other motor vehicle and any combination of vehicle towed by such motor vehicle | 80* (Min. or 15 feet from center lane of traffic) | 3000 RPM | 20 inches from end of tailpipe at a 45-degree angle | 95 |
* Enforce at 86 dBA. | ||||
(3) Measurement distance. For the purpose of division (m)(2) hereof, the standard measurement height shall be four feet and the standard horizontal measurement distance from the center line of the traffic lane monitored to the sound level meter shall be a minimum of 15 feet and at least ten feet from any large reflecting surface. Measurements for the purpose of enforcing division (m)(2) hereof may be taken at a horizontal distance from the center line of the traffic lane being monitored from 25 feet to 100 feet, and the correction factor applied to the limits set forth in Table 2, below.
TABLE 2 | |
Correction Factors | |
Measurement distance (feet) | Corrections to limits (dB) |
TABLE 2 | |
Correction Factors | |
Measurement distance (feet) | Corrections to limits (dB) |
25 | +6 |
28 | +5 |
32 | +4 |
35 | +3 |
40 | +2 |
45 | +1 |
50 | 0 |
56 | -1 |
63 | -2 |
70 | -3 |
80 | -4 |
90 | -5 |
100 | -6 |
(Ord. 2009-27. Passed 5-6-09.)