(A) Generally. No person shall cause or no person who has charge, care or control of any lot shall permit sound to emanate from a lot which exceeds the maximum permissible sound level established by this section.
(B) Maximum permissible sound levels. The following maximum permissible sound levels are hereby established:
Table 1 | |||
Permissible *(1) Reference Noise Level, dB(A) for Impulsive and Non-Impulsive Noise as Measured at the Property Line Adjoining: | |||
Residential*(2) | Commercial | Industrial | |
Table 1 | |||
Permissible *(1) Reference Noise Level, dB(A) for Impulsive and Non-Impulsive Noise as Measured at the Property Line Adjoining: | |||
Residential*(2) | Commercial | Industrial | |
Daytime*(3) (7:00 a.m. to 10:00 p.m.) | 55 | 60 | 65 |
Nighttime*(3) (10:00 p.m. to 7:00 a.m.) | 45 | 55 | 65 |
Notes to table: | |||
*1 The permissible level for a given district or lot depends upon the receiving land use category, such that if residential adjoins industrial, the industrial lot is required to meet residential property line noise level limits | |||
*2 Includes hospitals, schools, nursing homes | |||
*3 Prevailing time | |||
(1) In all instances in which the lot from which noise emanates does not directly adjoin a residential, commercial or industrial lot, the performance standards governing noise shall apply at the nearest residential, commercial or industrial lot boundary.
(2) In order for a person to be in violation of this section, the source or sources of noise must be identifiable in relation to the ambient noise and must raise the A-weighted ambient noise level by five decibels or more in at least one A-weighted frequency band.
(3) If a mixed lot exists, the most restrictive lot standard shall be used when establishing maximum permissible sound levels under this section.
(4) For any source of sound which emits a pure tone (or pure tones), the maximum permissible noise level shall be reduced by ten dB(A).
(5) (a) Between the hours of 7:00 a.m. and 10:00 p.m. prevailing time, the maximum permissible noise levels may be temporarily exceeded by ten dB(A) for noise created by building repair and/or ground maintenance activity.
(b) The repairs or activity shall not exceed the maximum permissible noise levels for a period of more than 14 calendar days, unless the appropriate authority has granted a variance.
(6) The following deviations from the maximum permissible noise levels are permitted for non-impulsive sounds:
Table 2 | |
Duration of Non-Impulsive Sound | Permitted Maximum, A-Weighted Fast Response Noise Above the Permissible Reference Level |
Table 2 | |
Duration of Non-Impulsive Sound | Permitted Maximum, A-Weighted Fast Response Noise Above the Permissible Reference Level |
Up to 30 minutes in any hour | 0 |
Up to 15 min. (25%) of any hour | +3 dB |
Up to six min. (10%) of any hour | +7 dB |
Up to three min. (5%) of any hour | +10 dB |
Up to one min. and 30 sec. (2.5%) | +13 dB of any hour |
Up to 36 sec. (1%) of any hour | +17 dB |
(7) (a) The following deviations from the maximum permissible noise levels are permitted for impulsive sounds.
(b) The reference levels may be exceeded according to the number of impulse sounds per hour, as follows:
Table 3 | |
Duration of Non-Impulsive Sound | Permitted Maximum, A-Weighted Fast Response Noise Level Above the Permissible Reference Level |
1,024 and greater | 0 dB |
Or the average repetition rate of periodically repeating impulses, if the repetition is sporadic, interrupted or otherwise is not continual for at least one-half hour of observation | |
(Prior Code, § VII-5.05)