(A) The maximum permissible sound pressure levels at the property line of any source of sound located on private property shall be as herein provided. This includes, but is not limited to, sound from such activities as production, processing, cleaning, servicing, testing, operating, or repair of either vehicles, materials, goods or products, or devices. Sound pressure levels in excess of those established in Table I for the use districts and times herewith listed shall constitute prima facie evidence that the noise is a noise disturbance. All railroad rights-of-way shall be considered as heavy industrial districts within the meaning of this division. Stationary or moving rail vehicles shall comply with the provisions of this division except as provided for in the United States Noise Control Act of 1972 (Pub. Law No. 92-574). When a noise source can be identified and its noise measured in more than one use district, the sound pressure level limits of the most restrictive use district shall apply, at that district boundary. For the purpose of this division, all properly designated quiet zones shall have the maximum permissible sound pressure limits as set forth for residential use districts.
TABLE I Sound Pressure Level Limit dB(A) | ||
Use District | Day 7:00 a.m.-10:00 p.m. | Night 10:00 p.m.-7:00 a.m. |
Residential, Floodway, Selected Floodway | 65 | 60 |
Central Business, Highway Commercial, Business Commercial, Neighborhood Commercial | 70 | 65 |
Light Industrial, Agricultural | 80 | 75 |
Heavy Industrial | 90 | 85 |
(B) The maximum permissible sound pressure levels at the property line of any steady source of sound located on private property shall be as herein provided. This includes, but is not limited to, sound from such activities as production, processing, cleaning, servicing, testing, operating, or repair of either vehicles, materials, goods or products, or devices. Sound pressure levels in excess of those established in Table II for the use districts and times herewith listed shall constitute prima facie evidence that the noise is a noise disturbance. All railroad rights-of-way shall be considered as heavy industrial districts within the meaning of this division. Stationary or moving rail vehicles shall comply with the provisions of this division except as provided for in the United States Noise Control Act of 1972 (Pub. Law No. 92-574). When a noise source can be identified and its noise measured in more than one use district, the sound pressure level limits of the most restrictive use district shall apply at that district boundary. For the purposes of this division, all properly designated quiet zones shall have the maximum permissible steady sound pressure level limits as set forth for residential use districts.
TABLE II Sound Pressure Level Limit dB(A) | ||
Use District | Day 7:00 a.m.-10:00 p.m. | Night 10:00 p.m.-7:00 a.m. |
Residential, Floodway, Selected Floodway | 55 | 50 |
Central Business, Highway Commercial, Business Commercial, Neighborhood Commercial | 60 | 55 |
Light Industrial, Agricultural | 70 | 65 |
Heavy Industry | 80 | 75 |
(C) The maximum permissible sound pressure level by motor vehicles moving in a public right-of-way shall be as herein provided. This shall include all vehicles, whether publicly or privately owned, that are licensed according to the laws of the state. Sound pressure levels in excess of those established in Table III herein shall constitute prima facie evidence that the sound is a noise disturbance. The standard measurement height shall be five feet and the measurement distance shall be 50 feet. This distance shall be that from the center of the monitored traffic lane to the microphone. The maximum permissible sound pressure levels for vehicles licensed for and operating in interstate commerce shall be those established pursuant to the United States Noise Control Act of 1972.
TABLE III
| |
Vehicle Class | dB(A) @ 50 feet |
Any vehicles greater than 10,000 lb. Manufacturer's gross vehicle weight prior to January 1, 1975 | 88 |
After January 1, 1975 and prior to January 1, 1980 | 84 |
After January 1, 1980 | 80 |
Any other motor vehicles | 74 |
(Prior Code, § 4-603)
Statutory reference:
Authority, see Neb. RS 16-227, 16-228