§ 94.04 DETERMINING IF NOISE IS VIOLATION.

   In determining whether a noise or sound is in violation of this subchapter, the following factors may be considered:

   (A)   Time of day;

   (B)   Proximity to residential structures;

   (C)   Whether the noise or sound is recurrent, intermittent or constant;

   (D)   The volume and intensity;

   (E)   Whether the noise or sound has been enhanced in volume, range or intensity by any type of electronic or mechanical means;

   (F)   The character and zoning district of the area;

   (G)   Whether the noise is related to the normal operation of a lawful business or other labor activity; and

   (H)   Whether the noise is subject to being controlled or mitigated by the person or persons who generated the noise without unreasonable burden.

(Ord. 3-1-1.1, passed 6-16-2003)