In order to regulate and prove violations occurring under § 95.02 of this chapter, any noise in excess of the maximum decibel limits according to the regulations stated below is deemed to be in violation of this chapter.
(A) Regulations for decibel measurement or noise origination from private properties.
(1) Noise radiating from all properties or buildings, as measured at the boundaries of the property, which is in excess of the dB(A) established for the districts and times herewith listed shall constitute prima facie evidence that the noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore in violation of this chapter. Violations shall exist when the source or sources of noise are identifiable and the levels emanating from the source or sources exceed the limitations set forth in Table A below:
Table A | ||
Sound Pressure Level Limit - dB(A)
| ||
Day | Night | |
District | 7:00 a.m.—10:00 p.m. | 10:00 p.m.—7:00 a.m. |
Commercial (C) | 60 | 55 |
Industrial (M-1, M-2) | 80 | 75 |
Residential (RA-1, RA-2, MR) | 55 | 50 |
(2) As an example, the noise shall include that emitting from the production, processing, cleaning, servicing, testing, repairing and manufacturing of materials, goods or products, including vehicles.
(3) Harmonic or pure tunes and periodic or repetitive impulse sound shall be in violation when the sounds are at a sound pressure level of five dB(A) less than those listed above.
(4) Where property is partly in two zoning districts or adjoins the boundary of a zoning district, the dB(A) levels of the zoning district of the property from where the noise is emanating shall control.
(B) Exceptions. The following exceptions shall apply to the regulations under division (A) above.
(1) Construction projects shall be subject to the maximum permissible noise levels specified for industrial districts, as long as a valid building permit has been issued by the village and is currently in effect.
(2) All railroad operations shall be subject to the maximum permissible noise levels allowed in industrial districts, regardless of the zone where they are located.
(3) Noises occurring between 7:00 a.m. and sundown caused by home or building repairs or from maintenance of grounds are excluded; provided, the noise does not exceed the limitations specified in division (A) above by more than 20 dB(A).
(4) Noises emanating from the discharge of firearms are excluded, providing the discharge of the firearms was authorized under state law and all local ordinances.
(5) Any commercial, agricultural or industrial use of property which exists now or in the future as a legal nonconforming use (as defined in the village zoning ordinance, codified in Chapter 153) in a higher zoning classification shall be allowed to emit noise in excess of these limitations for the particular zoning classification where the use is located, providing that the noise does not exceed either of the following limitations:
(a) The noise level emitted by the use at the time it became a legal nonconforming use as a result of the enactment of an amendment of the village zoning ordinance, if available; or
(b) The limitations contained herein, based upon a use being located in the highest zoning district (either commercial and agricultural or industrial) where the use is specifically allowed as a permissible use.
(C) Regulations for decibel measurement of motor-driven vehicles on public roads. All noise emitted from motor-driven vehicles upon public roads shall be measured whenever possible at a distance of at least 50 feet or 15 meters from a noise source located within the public right-of-way. If measurement at 50 feet (15 meters) is not feasible, measurement may be made at 25 feet (seven and one- half meters); and if this is done, six dB(A) shall be added to the limits provided below. All noises in excess of the dB(A) as provided herein shall be prima facie evidence that the noise unreasonably disturbs the comfort, quiet and repose of persons in the area, and is, therefore, in violation of this chapter.
Table B | ||
Vehicle | Weight | dB(A) Maximum Limitation |
Trucks and buses | Over 10,000 lbs. gross weight | 82 dB(A) |
Trucks and buses | Under 10,000 lbs. gross weight | 74 dB(A) |
Passenger cars | Any weight | 74 dB(A) |
Motorcycles, snowmobiles and minibikes | Any weight | 82 dB(A) |
All other self-propelled motor vehicles | Any weight | 74 dB(A) |
(D) Measurements of noise. All measurements of dB(A) according to division (A) and (B) above shall be made by using a sound level meter of standard design and operated on the "A" weight scale with "slow" meter response.
(1988 Code, § 6.6502) (Ord. passed 1-18-1988) Penalty, see § 10.99