Loading...
If the sound radiated from any source is not smooth and continuous and is not radiated between the hours of 8:00 p.m. and 6:00 a.m., one or more of the corrections in the table below shall be added or deducted from each of the decibel levels above.
Type of Operation or Character of Sound | Correction in Decibels |
Sound source operates only for an hour once a day during 8 a.m. to 6 p.m. | Add 5 dB(A)* |
Sound source operates only for 30 minutes or less once a day during 10 a.m. to 4 p.m. | Add 10 dB(A)* |
Sound of impulsive character (hammering, etc.) | Deduct 5 dB(A) |
Sound of periodic character (hum, screech, etc.) | Deduct 5 dB(A) |
* Apply one of these corrections only.
(1964 Code Sec. 99.12)
(a) If in the opinion of the Building Inspector, a violation of this chapter has occurred, the Building Inspector may mail by certified mail a written notice of such violation to the owner or his or its agent or person in possession. The owner or his or its agent or person in possession may have thirty days from receipt of notice to correct the violation.
The owner or his or its agent or person in possession may file with the Building Inspector an application for a permit for relief from the sound level requirements of this chapter on the basis of hardship. The Building Inspector may grant such permit if he finds:
(1) That additional time is necessary for the applicant to alter or modify his or its activity or operation in order to comply with such requirements; or
(2) That the activity or operation will be of short or temporary duration and cannot be done in a manner that would comply with such requirements; or
(3) That no reasonable alternative is available to the applicant.
In granting such permit the Building Inspector shall specify the time period that it is to be effective and may prescribe reasonable conditions as he deems necessary in order to minimize any adverse effects.
(b) Any owner or his or its agent or person in possession who is refused a permit as described herein or who is granted a permit with conditions attached which the applicant deems to be unreasonable may, within thirty days from such refusal or action, file with the Building Inspector and the Administrative Board a written notice of appeal specifying the grounds thereof. The Administrative Board is hereby granted jurisdiction to hear such appeal. The Board shall take final action granting or refusing the relief requested within thirty days from the filing of the appeal. The Board shall apply the same standards as set forth herein with regard to the duties of the Building Inspector.
(c) Any owner or his or its agent or person in possession who is refused a permit or who is granted a permit with conditions attached as described in subsection (b) hereof which the applicant deems to be unreasonable may, within thirty days from such refusal or action of the Administrative Board, file with the Administrative Board and the Clerk of Council a written notice of appeal, specifying the grounds thereof. Council shall take final action granting or refusing the relief requested within thirty days from the filing of such notice of appeal. Council shall apply the same standards as set forth herein with regard to the duties of the Building Inspector.
(1964 Code Sec. 99.14)
An application for a certificate of occupancy for a building in any industrial zone must be accompanied by a description of industrial operations proposed in sufficient detail to indicate the maximum sound pressure level, dB(A) as shall be produced in all directions of the building and measured at lot lines.
The owner or his or its agent or person in possession requesting the certificate of occupancy shall further make available to the Building Inspector, if requested, the services of an expert who will certify the accuracy of the estimated sound pressure level, dB(A).
(1964 Code Sec. 99.15)
(a) The maximum sound pressure levels for railroad operations shall not exceed the following as measured in accordance with the criteria set forth in subsection (b) hereof.
dB(A) | |
Locomotives completed on or prior to Dec. 31, 1979 | 73 at idle 93 at all other throttle settings 96 moving at any speed |
Locomotives completed after Dec. 31, 1979 | 70 at idle 87 at all other throttle settings 90 moving at any speed |
Railcars | 88 up to and including 45 mph 93 at greater than 45 mph |
(b) Maximum sound pressure levels for railroad operations shall be measured as follows:
(1) For all locomotives operating under stationary conditions, measurement shall be by fast meter response at 100 feet from the geometric center of the locomotive and perpendicular to the centerline of the track.
(2) For all locomotives operating under moving conditions, measurement shall be by fast meter response at 100 feet from the centerline of any track which exhibits less than a two degree curve.
(3) For all railcar operations, measurement shall be by fast meter response at 100 feet from the centerline of any section of track which is free of special trackwork, bridges and trestles, and which exhibits less than a two degree curve.
(c) Measurement of maximum sound levels for all locomotive and railcar operations shall be taken in accordance with standards set forth by the Environmental Protection Agency in the Code of Federal Regulations, Volume 40, Part 201.
(1964 Code Sec. 99.16)
Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree for each offense. Each day such violation continues shall constitute a separate and distinct offense. Where the act charged to be a violation or the act which is causation of the violation is committed in whole or in part by a person acting as an employee, representative, agent or officer of the owner or operator of such activity, the operation or maintenance of which is the causation of such violation, then and in that event, such employee, representative, agent or officer as well as such owner or operator shall be held to have violated this chapter.
(1964 Code Sec. 99.99)