In order to regulate and prove violations occurring under § 91.22, any noise in excess of the maximum decibel limits according to the regulations stated below is deemed to be in violation of this subchapter.
(A) Regulations for decibel measurement of noise originating from private properties.
(1) Noise radiating from all properties or buildings, as measured a the boundaries of the property, which is in excess of the dB(A) established for the districts and times herewith listed shall constitute prima facia evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore in violation of this subchapter. Violations shall exist when the source or sources of noise are identifiable and the levels emanating from the source or sources exceed the following limitations. As an example, such noise shall include that emitting from the production, processing, cleaning, servicing, testing, repairing and manufacturing of materials, good or products, including vehicles.
Zoning Districts | |
Agricultural limitations | 74 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. |
79 dB(A) between the hours of 6:00 a.m. and 10:00 p.m. | |
Commercial limitations | 74 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. |
79 dB(A) between the hours of 6:00 a.m. and 10:00 p.m. | |
Residential limitations | 70 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. |
75 dB(A) between the hours of 6:00 a.m. and 10:00 p.m. |
(2) Harmonic or pure tones and periodic or repetitive impulse sound shall be in violation when such sounds are at a sound level of 5 dB(A) less than those listed above.
(3) 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 where the noise is emanating shall control.
(B) Exceptions. The following exceptions shall apply to these regulations under division (A) above.
(1) Construction projects shall be subject to the maximum permissible noise levels specified for industrial districts as along as a valid building permit had been issued and is currently in effect.
(2) Noises occurring between 6:00 a.m. and sundown caused by home or building repairs or from maintenance of grounds are excluded, provided such noise does not exceed the limitations specified in division (A) above by more than 20 dB(A).
(3) Noises emanating from the discharge of firearms are excluded, providing the discharge of the firearms was authorized under state law and all local ordinances.
(4) Any commercial, agricultural or industrial use of property which exists now or in the future as a legal nonconforming use (as defined in the county zoning ordinance) in a higher zoning classification shall be allowed to emit noise in excess of these limitations for the particular zoning classification where such use is located, providing that such noise does not exceed either of the following limitations:
(a) The noise level emitted by such use at the time it became a legal nonconforming use as a result of the enactment of an amendment of the township zoning ordinance if available; or
(b) The limitations contained herein are based upon such a use being located in the highest zoning district (either commercial and agricultural or industrial) where such a use is specifically allowed as a permissible use.
(C) Regulations for decibel measurement of motor driven vehicles on public roads.
(1) 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.
(2) 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.
(3) All such noises in excess of the dB(A) as provided herein shall be prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore in violation of this subchapter.
dB(A) Maximum Limitation | |
Motorcycles, snowmobiles and mini-bikes: any weight | 82 dB(A) |
Passenger cars: any weight | 77 dB(A) |
Trucks and buses: weight: over 10,000 lbs. gross weight | 82dB(A) |
Trucks and buses: weight: under 10,000 lbs. gross weight | 77 dB(A) |
All other self-propelled motor vehicles: any weight | 77dB(A) |
(D) Measurement. Measurement of noise-all measurements of dB(A) according to divisions (A) and (C) above shall be made by using a sound level meter of standard design and operated on the “A” weight scale, with “slow” meter response.
(Ord. 4, passed 6-2-1998)