(a) No person or entity shall emit beyond the boundaries of his or her property any noise that unreasonably interferes with the enjoyment of life or with any lawful business or activity within the limits of the City of Moline so as to violate the City of Moline’s Noise Performance Standards or any other federal or state laws or regulations, as amended.
(b) Noise Performance Standards
. The standards for noise emissions in Title 35, Subtitle H, Chapter 1, Part 901, except Section 901.107(a) and (d), of the Illinois Administrative Code, as amended, adopted by the Illinois Pollution Control Board, are hereby adopted by reference as the “noise performance standards” for the City of Moline. Except as stated herein and unless a different meaning of a term is clear from its context, the definitions of terms used in the Sections stated above are the same as those set forth in 900.101.
(c) Under the City of Moline’s Noise Performance Standards, daytime hours shall be from 6:00 a.m. to 9:00 p.m., local time, and nighttime hours shall be from 9:00 p.m. to 6:00 a.m., local time.
(d) Noise measurements shall be taken in accordance with the procedures specified as follows:
(1) Insofar as practicable, sound measurements shall be made while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including, but not limited to, design, maximum, and fluctuating rates.
(2) All tests shall be conducted in accordance with the following procedures:
a. Enforcement personnel shall, to the extent practicable, identify all sources contributing to the noise at the point of measurement;
b. Measurements shall be taken at or within the property line of the affected person;
c. No outdoor measurements shall be taken during periods when wind speeds (including gusts) exceed fifteen (15) miles per hour;
d. Measurements shall be taken in keeping with the instructions of the manufacturer of the measuring equipment.
(3) The report for each measurement session shall include, but not be limited to:
a. The date and times at which measurements are taken;
a. The results of the calibration check;
a. The weather conditions;
a. The identification of all monitoring equipment;
a. A description of the source(s) and its operating cycle;
a. The total sound level (level with the sources in question operating); and
a. The background sound level (level without the sources in question operating).
(4) When measuring sound, the sound level meter shall be set for A-weighting, linear averaging, and the proper range (i.e., where the sound level registers in the upper measurement range without exceeding its limits). The sample duration shall be at least ten (10) seconds.
(5) The measuring instrument shall be placed at a minimum height of three (3) feet above the ground and from any reflective surface. The microphone shall be held at arm's length and pointed at the source at the angle recommended by the measuring instrument's manufacturer.
(6) If temporary sound sources unrelated to the measurements are plainly audible, such as aircraft flyovers, barking dogs, or moving motorcycles, the measurements should be postponed until these extraneous sounds have negligible effect on the sound levels of interest.
(e) Objectionable sounds which are not easily measured shall be controlled so as to not become a nuisance to adjacent properties or uses, as set forth in Section 21-1100(7).
(f) Noise measurements under this section are not required to establish a violation of Section 21-1100(7) (nuisance noise).
(g) Exemptions
. In addition to the exceptions provided in the City of Moline Noise Performance Standards, as amended, the following occurrences shall be exempt from the noise performance standards:
(1) Emergency repairs or necessary maintenance to public works, utilities, or infrastructure.
(2) Construction and heavy equipment which are in compliance with Chapter 21 of the Moline Code of Ordinances, “NUISANCES IN GENERAL.”
(3) Maintenance of private property between the hours of 7:00 a.m. and 7:00 p.m.
(4) Safety signals, warning devices, pressure relief valves, and similar equipment.
(5) Transportation vehicles in lawful use or transit on designated streets, routes, or ways.
(6) Portable or permanent residential backup generators and equipment used during a temporary utility outage.
(7) Clock towers, bells or carillons.