(A) The following provisions are deemed nuisances in violation of this article, but shall not be considered a full and complete listing of nuisances.
(1) Maximum permissible sound levels. It shall be unlawful, except as expressly permitted in this article, to make, cause, or allow the making of any noise or sound which violates the provisions of this article.
(2) No person shall operate or cause to be operated any source of sound level which exceeds the limits set forth in subsection (B) for the receiving land use category more than ten percent (10%) of any measurement period, which period shall not be less than ten (10) minutes, when measured at or beyond the property boundary of the land use category from which the sound emanates provided, however, that in the case of a multi-family dwelling land use category, the sound level shall be measured within an adjacent intra-building dwelling.
(a) For any source of sound, the sound level shall not exceed the maximum permissible sound level limit set forth in Table 1 by 15 dB(A) for all land use categories.
(b) Sound level measurement shall be made with a Type 2 or better sound level meter using the A-weighted scale in accordance with the standards promulgated by the American National Standards Institute (ANSI).
(B) The following table is a list of the maximum permissible sound levels by receiving land use category:
Land Use Category Time
Residential, noise sensitive area, public space 7:00 a.m. - 10:00 p.m. 60 dB(A)
10:00 p.m. - 7:00 a.m. 55 dB(A)
Multi-family dwelling 7:00 a.m. - 10:00 p.m. 50 dB(A)
10:00 p.m. - 7:00 a.m. 45 dB(A)
Commercial 7:00 a.m. - 10:00 p.m. 65 dB(A)
10:00 p.m. - 7:00 a.m. 60 dB(A)
(C) Exemptions. The following are exempt from the sound level limits in subsection (B):
(1) Domestic power tools, lawn mowers, and agricultural equipment, when operated with a muffler;
(2) Noises resulting from any authorized emergency vehicles when responding to an emergency, noises from church bells and chimes. Noises from construction activity are exempt from subsection (B) except that the industrial sound level limit shall apply in all land use categories.
(3) Any noise resulting from activities of a temporary duration, for which a special permit has been granted pursuant to this article, and which conforms to the conditions and limits stated thereon.
(4) Noises created by the sounding of train whistles at all public grade crossings as required by state law.
(Ord. 10-81, passed 4-7-81; Am. Ord. 92-22, passed 7-28-92)
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Cross reference:
Penalty for violation, see § 50.999