It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the making of any noise which exceeds the limits set forth in this Ordinance.
(a) Maximum Permissible Sound Levels by Use Occupancy.
(1) No person shall operate or cause to be operated any source of continuous sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the use occupancy category in Table I, when measured as per the requirements of Section 553.04.
These limits may not be exceeded by incidents representing the normal, usual operation of the sound source, during any three sampling intervals, the duration of which shall be no less than one half minute, within any one hour period. If the total duration of the sound under investigation is less than one and one half minute, the requirement for three measurements shall be waived. For example, if a motor fan belt was to squeal for twenty seconds upon starting, but the sound was emitted with regularity from this source, a single measurement shall be sufficient.
TABLE I | |||
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dB(A) | |||
Residential | Residential | Commercial | Industrial |
7:00 a.m. - 10:00 p.m. | 10:00 p.m. - 7:00 a.m. | 24 hours | 24 hours |
OUTDOORS | |||
60 | 50 | 65 | 75 |
INDOORS 1 | |||
55 | 40 | 55 | 65 |
1. Indoor measurements shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling
(2) Modifications to Maximum Permissible Sound Levels.
A. Residential Receptors in Commercial or Industrial Zones or Within 200 Feet of Such a Zone:
The permissible sound level limits in Table 1are increased by 5 dB(A)
B. Impulsive Sound:
1. Between 7:00 a.m. and 10:00 p.m., impulsive sounds which occur less than ten times in an hour shall not equal or exceed 15 decibels above the permissible sound level limits in Table I. Impulsive sound which repeats ten or more times in any hour shall not exceed the permissible sound level limits in Table I.
2. Between the hours of 10:00 p.m. and 7:00 a.m., impulsive sounds which occur less than four times in an hour shall not equal or exceed 15 decibels above the permissible sound level limits in Table I. Impulsive sound which repeats four or more times in any hour shall not exceed the permissible sound level limits in Table I
C. Steady Pure Tones: If the sound source under investigation is a mechanical device, and is, in the opinion of the investigating officer, emitting a sound with a steady tonal quality (e.g., a whine, buzz or hum), the permissible sound level limits in Table I shall be reduced by 5 dBA. The sound emissions must be comprised of a single frequency or a narrow cluster of frequencies, which may be referred to as a whine, hum or buzz. The measured sound levels of such a source must not fluctuate by more than plus or minus 3 dB. Such sound sources include, but are not limited to: heating, ventilating or air-conditioning units; refrigeration units; and transformers.
Notwithstanding, this provision shall not apply to residential HVAC equipment.
(3) Residential HVAC Equipment. Notwithstanding the foregoing provisions, the following limits shall apply to residential HVAC equipment:
Residential HVAC equipment shall not exceed 60 dBA between the hours of 7:00 AM and 10:00 PM on the property of an affected residence when measured in an outdoor area that is regularly used by the affected person. An example of these areas may include: a patio or deck, a picnic area, poolside areas, etc.
Residential HVAC equipment shall not exceed 40 dBA between the hours of 10:00 PM and 7:00 AM when measured within the sleeping quarters of the affected residential property.
(4) Sound Production Devices.
A. Stationary Sound Production Devices. No person shall operate or use or cause to be operated loudspeakers, musical instruments or other sound production or reproduction devices so as to produce sounds which are plainly audible inside the residence of an affected person between the hours of 10:00 PM and 7:00 AM. At no time shall sound from these sources exceed the limitations set forth in Table I, which shall be reduced by 5 dBA for sound from sound reproduction devices. Sound level measurements for compliance determination shall be conducted at or within the property line of an affected person. In addition, loudspeakers and other sound equipment must face into the geometric center of the property on which they are located.
B. Vehicular or Other Portable Sound Production Devices. Personal or commercial music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 50 feet in any direction from the device between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the device.
(Ord. 1612. Passed 4-13-15.)