532.04 NOISE CONTROL OFFICERS.

   (a)   The provisions of this chapter may be enforced by Village Noise Control Officers. A person shall be qualified to be a Noise Control Officer if the person meets the criteria set forth in the definition contained in Section 532.01(y). The provisions of this chapter that do not require the use of a sound level meter or the provisions of any other applicable ordinances may be enforced by any appropriate law enforcement personnel.

   (b)   Noise Control Officers shall have the power to:

      (1)   Investigate and pursue possible violations of this chapter for sound levels, which equal or exceed the sound levels set forth in Table I, when measured at a receiving property located within the designated jurisdiction of the Noise Administrator, in accordance with Section 532.05.

      (2)   While acting within his or her designated jurisdiction, enforce all of the provisions of this chapter including the criminal and civil penalties for any violations.

         (Ord. 07-01. Passed 2-12-07.)

532.05 MAXIMUM PERMISSIBLE SOUND LEVELS.

   (a)   Continuous Sound.

      (1)   No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Section 532.02 in such a manner as to create a sound level that exceeds the sound level limits listed in Table I, as measured at any location at or within the property line of the receptor property. Sound pressure levels in excess of those established in Table I shall constitute prima facie evidence that such sound is in violation of this chapter.

TABLE 1

PERMISSIBLE SOUND LEVEL LIMITS

Equivalent-continuous sound level (average sound level)

 

Receiving Property	Daytime Limit (Dawn to 10:00 p.m.) Leq. dB(A)	Nighttime Limits (10:00 p.m. to Dawn) Leq. dB (A)
Residential	60	55
Commercial	65	65
Industrial	70	70

 

      (1)   These limits may not be exceeded by any single incident representing the normal, usual operation of the sound source, during any sampling interval, the duration of which shall be no less than five minutes, within any one-hour period. For example, if a motor fan belt were to squeal for twenty seconds upon starting, but the sound was emitted with regularity from this source, a single measurement shall be sufficient.

      (2)   Nothing in this section supersedes the requirements of employers to comply with the Occupational Noise Exposure Standard of the Occupational Safety and Health Administration (29 CFR Part 1910.95).

   (b)   Intermittant Sound.

      (1)   Between dawn and 10:00 p.m. impulsive sounds, which occur less than ten times in an hour, shall not equal or exceed 20 decibels above the permissible sound level limits in Table I. Impulsive sound which repeats ten or more times in any hour shall not exceed the permissible sound level limits in Table I.

      (2)   Between the hours of 10:00 p.m. and dawn., impulsive sounds which occur less than four times in an hour shall not equal or exceed 20 decibels above the permissible sound level limits in Table I. Impulsive sound which repeats four or more times in any hour shall not exceed the permissible sound level limits in Table I.

   (c)   Steady Pure Tones. If the sound source under investigation is a mechanical device, and is in the investigating Noise Administrator’s opinion emitting a sound with a steady pure tonal quality, the permissible sound level limits in Table I shall be reduced by 5 dB(A). The sound emissions must be comprised of a single frequency or a narrow cluster of frequencies, which may be referred to as a whine, hum or buzz. The measured sound levels of such a source will typically not fluctuate by more than plus or minus 3 dB. Such sound sources include, but are not limited to, heating, ventilating or air-conditioning units; refrigeration units; and transformers.
(Ord. 07-01. Passed 2-12-07.)

532.06 PROCEDURES FOR THE DETERMINATION OF SOUND LEVELS.

   (a)   When applicable, the sound level shall be measured with an integrating sound level meter. The sound level meter and field calibrator must be re-certified within the previous 12-months at a laboratory approved by the Administrator. A field check of meter calibration and batteries must be conducted before and after every set of measurements.

   (b)   The effects of residual sound levels are to be considered and minimized, if possible.

(Ord. 07-01. Passed 2-12-07.)

532.07 INSPECTIONS.

   (a)   For the purpose of determining compliance with the provisions of this chapter, the Noise Administrator or any police officer in addition to any other authority, upon presentation of proper credentials, shall enter and inspect any dwelling, multi-family dwelling, building, structure, or premises within the Village as may be necessary to enforce the provisions of this Chapter including taking sound level measurements and tests. If permission is refused or is otherwise unobtainable, a search warranty shall be obtained to permit entry and access for the purpose of inspecting, testing, and measuring sound levels.

   (b)   It shall be unlawful for any person to refuse to allow or permit the Noise Administrator or any police officer free access to any premises when such person is acting in compliance with a search warrant.

   (c)   Misrepresentation to avoid compliance. It shall be unlawful for any person to misrepresent or give any false information or in any way attempt to deceive the Noise Administrator or any police officer in order to avoid compliance with the provisions of this chapter.
(Ord. 07-01. Passed 2-12-07.)

532.08 EXCEPTIONS.

   The operational performance standards established in this chapter shall not apply to any of the following noise sources:

   (a)   Agricultural activities;

   (b)   Un-amplified bells, chimes or carillons while being used in conjunction with an ongoing religious service;

   (c)   Emergency energy release devices;

   (d)   Emergency work;

   (e)   National Warning System (NAWAS): systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricanes;

   (f)   Noise of aircraft operations;

   (g)   Organized school-related programs, activities, or events; municipally authorized parades or public celebrations, programs, activities or events; municipally authorized non-commercial public speaking and public assembly activities conducted on any public property or public right-of-way;

   (h)   Surface carriers engaged in commerce by railroad, exclusive of loading and unloading;

   (i)   Sound from the locomotion of properly muffled motor vehicles on a public right of way;

   (j)   Any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

   (k)   Any owner of a licensed collector’s vehicle, a historical motor vehicle, or a collector’s vehicle that is an agricultural tractor or traction engine that was manufactured prior to the enactment of this chapter.

      (Ord. 07-01. Passed 2-12-07.)