(A) Standards. The standards which shall be considered in determining whether a violation of § 98.02 hereof exists shall include but not be limited to the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) The volume and intensity of background noise, if any;
(4) The proximity of the noise to a residential area, place of public accommodation such as a hotel, motel, inn, campground and the like, health care facilities, churches or schools;
(5) The density of inhabitation in the area within which the noise emanates;
(6) The time of day or night the noise occurs;
(7) The duration of the noise; and
(8) Whether the noise is recurrent, intermittent or constant.
(1) Noises originating or emanating from safety signals, warning devices, and emergency pressure relief valves;
(2) Noises resulting from any authorized emergency vehicle or law enforcement training facilities;
(3) Noises resulting from construction or demolition activity, provided such activity takes place between the hours of 7:00 a.m. and 9:00 p.m.; and 1:00 p.m. and 9:00 p.m. on Sunday;
(4) Noises relating from the use of farm machinery or other machinery for agricultural purposes in bona fide farming operations;
(5) Noises relating to the use of lawn mowers or other machinery for landscaping purposes between the hours of 7:00 a.m. and 9:00 p.m.;
(6) The reasonable operation of electrical generators during power outages;
(7) The operation of any aircraft in conformity with, or pursuant to, federal law, federal air regulations and/or traffic control instructions;
(8) Noises resulting from any and all transportation, flood control, utility company maintenance and construction operations at any time on rights-of-way and noises from situations which may occur on private real property, including in parking lots, deemed necessary to serve the best interest of the public and to protect the public's health and well-being, including but not limited to, street or hard surface sweeping or cleaning, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, snow removal, house moving, vacuuming catch-basins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, and sewers;
(9) Noises from activities conducted in public parks or playgrounds and public or private school grounds, including but not limited to, school athletic and school entertainment events;
(10) Noises from activities conducted on property owned or operated by civic, charitable or religious organizations, including but not limited to, neighborhood or church festivals and entertainment events;
(11) Noises from activities at parades, provided a valid parade permit has been obtained from the city government;
(12) Noises from activities at firework displays, provided all necessary permits have been obtained;
(13) Noises from activities conducted on rights-of-way of the City of Middletown, including, but not limited to, festivals and entertainment events, provided all necessary permits have been obtained;
(14) Noises relating to the collection of refuse between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. 07-09-20-B, passed 8-13-2020)