§ 95.22 MAXIMUM PERMISSIBLE SOUND LEVELS.
   (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