(a) Irrespective and independent of whether or not a source of sound constitutes a violation of any of the provisions of Section 634.04 and unless otherwise specified, no person shall operate, cause to be operated or permit on private property any source of sound in such a manner as to create a sound level that exceeds the limits set forth in Table 1 for specific receiving land use categories, when measured at or within the property boundary of the receiving land use.
TABLE 1. SOUND LEVELS BY RECEIVING LAND USE CATEGORY
Receiving Land Use Category Time Sound Level Limit (dBA)
Residential 7:00 a.m. to 10:00 p.m. 60
Residential 10:00 p.m. to 7:00 a.m. of
the following day 50
Retail Area At all times 70
(b) Whoever violates this section is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree for each subsequent offense. Whoever maliciously violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 84-42. Passed 7-16-84; Ord. 22-43. Passed 11-21-22.)