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As used in this chapter:
(a) "Acoustical calibrator" means an instrument which conforms to ANSI S1.40-1984 or its successors that is used for field calibration checks of a sound level meter.
(b) "Affected Person" means a resident of the City of Union who has registered a noise complaint with an authorized enforcement agency that he or she is the receptor of noise on a protected property category, and said affected person has an interest in the protected property category as an owner, tenant, or employee.
(c) "Ambient sound level" means that measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous sounds, and those from the source under investigation. Ambient sound level is synonymous with background sound level. Ambient sounds are differentiated from extraneous sounds by the fact that the former are more steady state, although they may not be continuous.
(d) "Commercial use" property means any premises containing businesses where sales, offices, professional services, or other commercial use is legally permitted.
(e) "Commercial zone" means the established districts.
(f) "Continuous sound" means any sound with a duration of more than one second, as measured with a sound level meter set to the "slow" meter response.
(g) "dB(A)" means the A-weighted sound pressure level in decibels, as measured by a sound-level meter.
(h) "Decibel (dB)" means a relative unit for the measurement of sound pressure. It is based upon a reference pressure of 20 micropascals (zero decibels) which is the average threshold of hearing for a person with very good hearing. The decibel scale is logarithmic, and as such, an increase or decrease of 3 dB is a doubling or halving of sound pressure
(i) "Emergency work" means any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights of way, dredging navigational waterways, or abating life threatening conditions or a state of emergency declared by a governing agency.
(j) " Extraneous sound" means a sound of high intensity and relatively short duration which is neither part of the ambient sound, nor comes from the sound source under investigation. Examples of extraneous sounds include: an unmuffled vehicle passing the measurement location; an aircraft overflight; a pedestrian talking loudly; a quick wind gust rustling leaves. Extraneous sounds are excluded from measurements of the ambient sound level and the total sound level.
(k) "Frequency" means the number of fluctuations of pressure in one second of time. The unit of measurement is cycles per second (cps) or hertz (Hz).
(l) "Impulsive sound" means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay, as measured with a sound level meter set to the "fast" or "impulse" meter response. Examples of sources of impulsive sound include door slams, drop forge impacts and the discharge of firearms.
(m) "Industrial use" property means any premises where manufacturing/processing, production/shipping, or equipment/materials storage yards are legally permitted shall be considered industrial use.
(n) "Industrial zone" means the established districts.
(o) "Multi-dwelling unit building" means any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
(p) "Multi-use property" means any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
(1) A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
(2) A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
(q) "Noise source" means any person or animal, or any mechanical, electrical or thermal device which radiates acoustic energy.
(r) "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The noise control officer need not determine the title, specific words, or the artist performing the song.
(s) "Real property line" means either:
(1) The imaginary line including its vertical extension that separates one parcel of real property from another;
(2) The vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or
(3) On a multi-use property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area).
(t) "Residential use" property means any property used for human habitation, unless the habitation is a condition of employment, including, but not limited to:
(1) Private property used for human habitation;
(2) Commercial living accommodations and commercial property used for human habitation;
(3) Community service property used for human habitation.
(u) "Residential zone" mean the established districts.
(v) "Sound level" means the sound pressure level measured in decibels with a sound level meter set for either A-weighting, expressed as dBA; or, set for C-weighting, expressed as dBC.
(w) "Sound level meter" means an instrument used for the measurement of sound levels that conforms to ANSI S1.4-1983 or its successors.
(x) "Sound pressure level", means 20 times the logarithm (to the base 10) of the given sound pressure to the reference sound pressure of 20 micropascals. Abbreviated SPL, and denoted as Lp
(y) "Sound pressure" means the instantaneous difference between the actual pressure and the average or varometric pressure at a given point in space as produced by sound energy.
(z) "Sound production device" means any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment
(aa) "Total sound level" means that measured level which represents the summation of the sounds from the sound source under investigation and the ambient sounds which affect a given place at a given time, exclusive of extraneous sound sources.
(bb) "Special functions" means any noncommercial public speaking and public assembly for philanthropic, political, patriotic or charitable purposes actively conducted on any public space, public right of way or private property.
(cc) "Unreasonable noise" means any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business.
(Ord. 1612. Passed 4-13-15.)
This chapter shall be applied only to facilities, operations, activities and sources of sound about which an affected person has lodged a complaint. Sound level measurements for compliance determination shall be conducted only on the property of the affected person (unless otherwise specified) regardless of whether there are other receptors in closer proximity to the source under investigation. The requirement of a prior complaint does not apply to portable or vehicular sound sources operated in a public space or public right of way.
(Ord. 1612. Passed 4-13-15.)
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.)
(a) A sound level meter shall be used for the purposes of conducting sound level measurements. An acoustical calibrator shall be used to perform a field calibration check before and after conducting sound level measurements and at least once each hour if the duration of the investigation warrants. The meter shall be adjusted to the output of the calibrator, as specified by the manufacturer. If the meter can not be adjusted to the output of the calibrator, then the meter shall be taken out of use until repaired. If the meter drifts by more than 0.5 dB between calibration checks, all measurements taken since the last valid calibration check shall be voided. The meter and calibrator shall be laboratory calibrated annually by a laboratory accredited for such calibrations by either the American Association for Laboratory Accreditation or the National Institute of Standards and Technology.
(b) Wind speed measurements shall be taken at the sound measurement location, and sound measurements shall not be conducted when the wind speed exceeds the specifications set forth by the sound meter manufacturer, or 12 MPH if unspecified. No outdoor measurements shall be conducted without a windscreen affixed to the sound meter microphone.
(c) The noise investigator shall explore the immediate vicinity of the alleged sound source and affected person, in order to: positively confirm that the alleged source is the actual source; to identify sources of ambient and extraneous sounds; and, to select suitable locations for the measurement of the Total Sound Level and the Ambient Sound Level.
(d) Total Sound Level measurements shall be conducted at or within the property lines of the affected person. The location of outdoor measurements, at the discretion of the noise enforcement officer, must represent a location on that property which would see regular use by the complainant during the day, or be within 25 feet of the residential structure at night. Indoor measurements shall be conducted pursuant to the requirements of Section 553.04. The sound level meter reading range (minimum to maximum) shall be noted during the period of observation, excluding extraneous sounds. The reported Total Sound Levels shall represent the normal and usual operations of the source under investigation for the time periods under observation.
(e) Ambient Sound Level measurements shall be conducted in such a manner as to quantify the contribution of the ambient sound sources to the location at which the Total Sound Measurements were conducted. These measurements shall be conducted at the same location at which the Total Sound Level measurements were conducted, while the source under investigation is not operating. If sound from the source under investigation can not reasonably be discontinued, then alternative measurements may be taken by one of the following methods: walking away from the sound source until the sound level drops sufficiently to calculate a Corrected Source Sound Level (below), or; behind a barrier which blocks the sound from the source under investigation, but not the sound of the ambient sound sources, or; in a similar neighborhood with a similar distribution of structures and traffic. The choice of an alternate location or time for these measurements must take into consideration the primary source(s) of ambient sound, and remain equidistant to that source (e.g., a major road) at the new measurement location when compared to the distance between these sources and the location at which the Total Sound Level measurements were conducted on the property of the affected person. The sound level meter reading range (minimum to maximum) shall be noted during the periods of observation, excluding extraneous sounds.
(f) The Corrected Source Sound Level shall be calculated by subtracting the Ambient Sound Level from the Total Sound Level, as per Table 2, below.
TABLE 2 | |
CORRECTION FOR AMBIENT SOUND LEVELS dB | |
Difference between Total Sound Level and Ambient Sound Level (TSL - ASL) in dB | Correction Factor to be Subtracted from Total Sound Level to Calculate Corrected Source Sound Level in dB |
0-2 | Source Level < Ambient Sound Level |
3 | 3 |
4, 5 | 2 |
6 - 9 | 1 |
10 or more | 0 |
Procedure for Using Table 2 Step 1: Subtract the measured Ambient Sound Level from the measured Total Sound Level.Step 2: Refer to Table II to determine the correction factor for the difference calculated in Step 1.Step 3: Subtract the correction factor from the measured Total Sound Level. The resultant number is the Corrected Source Sound Level.
(g) Compliance determination will be based upon the Corrected Source Sound Level.(1) No violation shall be based upon any exceedance that is the result of numerical rounding. (2) Allowances shall be made for the accuracy of the meter, as per manufacturer's specifications.(3) A violation shall only be confirmed if the Corrected Source Sound Level exceeds both the permissible sound level limit (Table I) and the measured Ambient Sound Level. (Ord. 1612. Passed 4-13-15.)
553.05 RESTRICTED USES AND ACTIVITIES.
Notwithstanding the provisions of Table 1, the following standards shall apply to the activities or sources of sound set forth below: (a) Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. (or sundown, whichever is later) and 7:00 a.m., on weekdays, or between the hours of 8:00 p.m. (or sundown, whichever is later) and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the applicable limits set forth in Table 1. At all other times the limits set forth in Table 1 do not apply to non-commercial or non-industrial power tools used for these purposes. All motorized equipment used in these activities shall be operated in accordance with its manufacturers' specifications and uses as standard equipment, its manufacturers' mufflers and noise-reducing equipment and in proper operating condition.(b) All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 8:00 p.m. (or sundown, whichever is later) and 7:00 a.m. on weekdays, or between the hours of 8:00 p.m. (or sundown, whichever is later). and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the limits set forth in Table 1. At all other times the limits set forth in Table 1 do not apply to all construction and demolition activity. All motorized equipment used in these activities shall be operated in accordance with its manufacturers' specifications and uses as standard equipment, its manufacturers' mufflers and noise-reducing equipment and in proper operating condition. (c) Motorized snow removal equipment shall be operated with a muffler and/or a sound production abatement device when being used for snow removal. At all other times the limits set forth in Table 1. (d) All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five (5) minutes for continuous airborne sound and fifteen (15) minutes for impulsive sound after it has been activated. At all other times the limits set forth in Table 1 do not apply. (Ord. 1612. Passed 4-13-15.)
553.06 MODIFIED EXHAUST SYSTEMS PROHIBITED.
(a) A "modified exhaust system" is an exhaust system in which:(1) The original noise abatement devices have been physically altered causing them to be less effective in reducing noise.(2) The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices.(3) Devices have been added to the original noise abatement devices, such that the noise levels are increased. (b) No person shall make use of a modified exhaust system in the City.
(c) No motorcycle shall be operated stationary or in motion on a public right-of-way unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.(Ord. 1612. Passed 4-13-15.)
553.07 PLACES USED FOR ENTERTAINMENT.
No person owning, leasing or controlling the operation of any place used for entertainment shall willfully, negligently or through failure to take necessary precautions permit the imposition or continuation of a sound pressure (noise) level exceeding ninety-five dB(A) on any member of the audience by such person or by any person engaged or employed by such person. (Refer to the approved test method in Section 553.09.)(Ord. 1612. Passed 4-13-15.)
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