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The following words. terms and phrases. when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Ambient Noise Histogram. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the normal or existing level of environmental noise at a given location.
Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted.
Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
Emergency Machinery, Vehicle or Alarm. Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community, or work by private or public utilities when restoring utility service.
Emergency Work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Fixed Noise Source. A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
Impulsive Noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.
Intrusive Noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property.
Mobile Noise Source. A noise source other than a fixed noise source.
Noise Disturbance. An alleged intrusive noise that violates an applicable noise standard of this chapter. Noise Histogram. A graphical representation of the distribution of frequency of occurrence of all noise levels near and far measured over a given period of time.
Noise Level (LN). The noise level expressed in decibels that exceeds the specified (L,) value a percentage of total time measured. For example, an L25 noise level means that noise level that is exceeded twenty-five (25) percent of the time measured.
Noise-Sensitive Area. An area designated for the purpose of ensuring exceptional quiet (e.g.. around hospitals, nursing homes, libraries, and similar uses).
Noise Zone. A defined area of a generally consistent land use.
Pure Tone Noise. A sound that can be judged as audible as a single pitch or a set of single pitches by the code enforcement officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred (500) Hertz and above, and by eight dB for center frequencies between one hundred sixty (160) and four hundred (400) Hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hertz.
Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters.
Vibration. The minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration including, but not limited to, sensation by touch or visual observations of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred (100) Hertz.
Weekday. Any day. Monday through Friday, that is not a legal holiday.
(Ord. 182 § 2 (part), 1997)
The code enforcement officer shall have primary responsibility for the enforcement of the noise regulations contained in this chapter. The code enforcement officer shall make all noise-level measurements required for the enforcement of this chapter.
(Ord. 182 § 2 (part), 1997)
In the event of an initial violation of the provisions of this chapter, a written notice of violation shall be given the alleged violator. specifying the time by which the condition shall be corrected or an application for a permit or variance shall be filed. No further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice.
(Ord. 182 § 2 (part), 1997)
The following activities shall be exempt from the provisions of this chapter:
A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
B. Warning Device. Warning devices necessary for the protection of public safety, (e.g., police, tire and ambulance sirens, and train horns).
C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds. including, but not limited to, school athletic and school entertainment events.
D. Motion Picture Production and Related Activities. Activities in connection to production of motion pictures.
E. Railroad Activities. All locomotives and rail cars operated by any railroad which is regulated by the state Public Utilities Commission.
F. Federal or State Pre-Exempted Activities. Any activity, to the extent regulation thereof has been pre-empted by state or federal law,
G. Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private real property 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 sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, sewers, etc.
H. Motor, Vehicles on Public Right-of-Way and Private Property. Except as provided in this chapter, all vehicles operating in a legal manner in compliance with local, state, and federal vehicle noise regulations within the public right-of-way or on private property.
1. Minor Maintenance to Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of seven a.m. and eight p.m. on any day except Sunday, or between the hours of nine a.m. and eight p.m. on Sunday.
(Ord. 182 § 2 (part), 1997)
Decibel measurements made in compliance with the provisions of this chapter shall be based on a reference sound-pressure of twenty (20) micropascals, as measured with a sound level meter using the A-weighted network (scale) at slow response, or at the fast response when measuring impulsive sound levels and vibrations.
(Ord. 182 § 2 (part). 1997)
Receptor properties described in this chapter are hereby assigned to the following noise zones:
A. Noise zone I, noise-sensitive area:
B. Noise zone II, residential properties;
C. Noise zone Ill, commercial properties: and
D. Noise zone IV, industrial properties.
(Ord. 182 § 2 (part), 1997)
A. Standards for Noise Zones. Unless otherwise provided in this chapter, the following exterior noise levels shall apply to all receptor properties within a designated noise zone:
TABLE 3-6
EXTERIOR NOISE STANDARDS
EXTERIOR NOISE STANDARDS
Noise Zone | Designated Noise Zone Land Use (Receptor Property) | Time Interval | Allowed Exterior Noise Level (dB) |
I | Noise-sensitive area | Anytime | 45 |
II | Residential properties Residential properties within five hundred (500) feet of a kennel(s) | 10:00 p.m. to 7:00 a.m. (nighttime) 7:00 a.m. to 10:00 p.m. (daytime) 7:00 a.m. to 10:00 p.m. | 45 50 70 |
III | Commercial properties | 10:00 p.m. to 7:00 a.m. (nighttime) 7:00 a.m. to 10:00 p.m. (daytime) | 55 60 |
IV | Industrial properties | Anytime | 70 |
B. Noise Standards. No person shall operate or cause to be operated. any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards:
1. Standard No. 1. Standard No. 1 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than thirty (30) minutes in any hour. Standard No. 1 may be the applicable noise level from Table 3-6 above.
2. Standard No. 2. Standard No. 2 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than fifteen (15) minutes in any hour. Standard No. 2 shall be the applicable noise level from Table 3-6 above, plus five dB.
3. Standard No. 3. Standard No. 3 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than five minutes in any hour. Standard No. 3 shall be the applicable noise level from Table 3-6 above plus ten dB.
4. Standard No. 4. Standard No. 4 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than one minute in any hour. Standard No. 4 shall be the applicable noise level from Table 3-6 above plus fifteen (15) dB.
5. Standard No. 5. Standard No. 5 shall be the exterior noise level which shall not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from Table 3-6 above plus twenty (20) dB.
C. Noise at Zone Boundaries. If the measurement location is on a boundary property between two different zoning districts, the exterior noise level utilized in subsection B of this chapter to determine the exterior standard shall be the arithmetic mean of the exterior noise levels. as specified in Table 3-6, of the subject zones.
D. Measurement of Ambient Noise Histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in subsection B. above, with the alleged intruding noise source inoperative. If the alleged intruding noise source cannot be turned off, the ambient noise histogram shall be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least ten dB below the ambient noise histogram.
E. Abatement Notice in Lieu of Citation. If the intrusive noise exceeds the exterior noise standards provided in subsections A and B above, at a specific receptor property and the code enforcement officer has reason to believe that this violation was unanticipated and due to abnormal conditions, the code enforcement officer shall issue an abatement notice in lieu of a citation. lithe specific violation is abated, no citation shall be is-sued. If the specific violation is not abated, the code enforcement officer shall issue a citation.
(Ord. 182 § 2 (part), 1997)
A. Noise Standards for Residential Units. No person shall operate or cause to be operated within a residential unit. any source of sound, or allow the creation of any noise, that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards:
1. Standard No. 1. The applicable interior noise level for cumulative period of more than five minutes in any hour;
2. Standard No. 2. The applicable interior noise level plus five dB for a cumulative period of more than one minute in any hour; or
3. Standard No. 3. The applicable interior noise level plus ten dB for any period of time.
B. Interior Noise Levels for Multi-Family Residential. The following interior noise levels shall apply within multi-family dwellings with windows in their normal seasonal configuration.
Noise Zone | Designated Land Use | Time Interval | Allowable Interior Noise Level(dBl |
All | Multi-family Residential | 10:00 p.m.—7:00 a.m. 7:00 a.m.—10:00 p.m. | 40 45 |
If the measured ambient noise level reflected by the L50 exceeds that permissible within the interior noise standards in subsection A above. the allowable interior noise level shall be increased in five dB increments to reflect the ambient noise level (L5„ ).
(Ord. 182 § 2 (part), 1997)
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