558.03  MAXIMUM PERMISSIBLE SOUND LEVEL BY ZONING DESIGNATIONS.
   (a)   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 which exceeds the limits set forth in the zoning area category in Table 1, except as may otherwise be provided in Section 558.04.
TABLE 1
SOUND LEVELS BY ZONING AREAS
 
Zoning Designation
of Receiving
Property
Maximum Number of
Decibels Permitted from
7:00 a.m. until 9:00 p.m.
on Receiving Property
Maximum Number of
Decibels Permitted from
9:00 p.m. until 7:00 a.m.
on Receiving Property
Residential
60
50
Commercial
65
65
 
   (b)   The sound level limits set forth in Table 1 shall be exceeded when any one or more of the following occur:
      (1)   The noise at any one point in time exceeds any of the established zone limits in Table 1 by a measured sound level of fifteen (15) dB; or,
      (2)   The noise exceeds any of the established zone limits in Table 1 by a measured sound level of ten (10) dB for a cumulative total of one (1) minute or more out of any ten (10) minute period; or 
      (3)   The noise exceeds any of the established zone limits in Table 1 by a measured sound level of three (3) dB continually for a period of five (5) minutes, or a total of five (5) minutes out of any ten (10) minute period.
   (c)   For the purposes of this section, noise shall be measured at or beyond the property line of the property on which the noise source is located, and shall be made at least ten (10) feet from any large reflecting surfaces.
   (d)   Any noise which occurs on property which is being used in a legally non-conforming manner, and which noise relates to said use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
   (e)   If the zoning designation of the property on which the source of the noise is located differs from the zoning designation of the property on which the noise is measured, the maximum permissible noise level of the more restrictive zoning designation shall apply.
   (f)   Noises such as those of an irregular and intermittent nature shall be restricted as provided herein.
   (g)   The provisions of this Section shall not apply to the refuse collection vehicles operated by the City or to any of the sound sources specifically provided for in Section 558.04.
(Ord. 71-12.  Passed 3-25-12.)