(A) Jurisdiction. This section shall apply to all unincorporated areas of the county, except where the county’s jurisdiction is preempted by federal or state law. Nothing in this section shall be construed to supersede or contravene the authority which the state or federal governments or their agencies have with respect to the management, protection and utilization of the lands and resources under their jurisdiction.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE. The operation of farm premises, including the planting, cultivation, producing, growing, harvesting and preparation for market of agricultural or horticultural commodities thereon, the raising of livestock for food products and for racing purposes, and poultry thereon, and any work performed as an incident to or in conjunction with the farm operations.
LIMITED. In operation only during daytime hours.
PERSON. Any individual, partnership, including a registered limited liability partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, limited liability company or legal representative thereof.
TEMPORARY. In operation for a period of 30 days or less.
(C) Prohibition. No person shall operate or permit to be operated any engine, motor, compressor or other mechanized equipment which continuously produces a sound level greater than:
(1) Seventy decibels using the “A” weighting filter (“dB(a)”) when measured at a distance of 300 feet from the operating engine, motor or equipment in question during the daytime hours;
(2) Fifty decibels using the “A” weighting filter (“dB(a)”) when measured at a distance of 300 feet from the operating engine, motor or equipment in question when operating during the nighttime hours; or
(3) Fifty dB(a) when measured to the nearest residence, public building or human occupied building from the operating engine, motor or equipment in question. Sound level measurements shall conform to the following guidelines.
(a) Sound level meters shall conform, at a minimum to the requirements of the American National Standards institute.
(b) Sound level measurements shall be taken four feet above ground level.
(c) Sound levels shall be determined by averaging minute by minute measurements made over minimum 15-minute sample duration, if practicable. The sample shall be taken under conditions that are representative of the noise experienced by the complainant (e.g., at night, morning, evening or during special weather conditions).
(d) In all sound level measurements, the existing ambient noise level from all other sources in the encompassing environment at the time and place of such sound level measurement shall be considered to determine the contribution to the sound level by the operation of the subject equipment.
(D) Special limited exemption. Any person may make written petition to the Fiscal Court for a special limited exemption for operations exceeding the prohibited decibel levels.
(E) Mitigation plan. Any operation which exceeds the sound level referenced above may be mitigated by one or more of the following noise abatement measures, listed below in ascending order of mitigation:
(1) Acoustically insulated housing or covers enclosing any motor or engine;
(2) Screening of the site or noise emitting equipment by fence or landscaping; and
(3) Solid wall or fence of acoustically insulating material surrounding all or part of the engine, motor or motorized equipment.
(F) Exceptions. This section shall not apply to the following:
(1) Noise created during agricultural operations; and
(2) Noise resulting from the temporary or limited operation of an engine, motor or motorized equipment.
(Ord. 08-1010.1, passed 4-8-2009) Penalty, see § 130.99