(A) Prohibited noise. No person shall operate any type of vehicle, machine, or device, or carry on any type of activity, or promote or facilitate the carrying on of any activity that makes intrusive noise in excess of the levels specified in this section.
(B) (1) Measurement of sound level. Sound shall be measured on the "A" weighting scale on a sound level meter of standard design and quality and characteristics established by the American National Standards Institute. Sound from a vehicle operating on a public road or highway shall be measured at a distance of 50 feet from the center of the lane of travel. Sound from a non- vehicular source shall be measured at the property line of the property from which such sound is radiating. In each case, both ambient and intrusive noise levels shall be measured.
(2) Typical noise levels associated with various activities and devices are presented in Exhibit A attached to Ord. 2005-7.
(B) Vehicular noise.
(1) Sound from a vehicle being operated on a public road or highway with the following speed limits shall not exceed the following as measured on the "A" weighting scale:
(a) Vehicles with a manufacturer's gross vehicle rating of 10,000 lbs. or more, and any combination of vehicles towed by such a vehicle:
(i) Speed limit under 35 miles per hour: 90 dB(A); and
(ii) Speed limit of more than 35 miles per hour: 90 dB(A);
(b) All other vehicles:
(i) Speed limit under 35 miles per hour: 80 dB(A); and
(ii) Speed limit of more than 35 miles per hour: 84 dB(A).
(2) Sound from a vehicle being operated on private property or public property which is not a road or highway shall not exceed 78 dB(A) measured at the property line.
(D) Non-vehicular noise. In areas zoned residential and commercial, and between the hours of 7 AM and 10 PM, the maximum permissible level of intrusive noise from non-vehicular sources is 80 dB(A), or 10 dB(A) above the ambient noise level, whichever is higher, measured at the property line. Between the hours of 10 PM and 7 AM, the maximum permissible level of intrusive noise from non-vehicular sources is 70 dB(A), or 10 dB(A) above the ambient noise level, whichever is higher, measured at the property line.
(E) Exceptions. The following types of noise shall be exempt from the provisions of this chapter:
(1) Construction Noise. All necessary and reasonable noise associated with construction between
16 the hours of 7 AM and 10 PM;
(2) Emergency Noise. All necessary and reasonable noise emitted for the purpose of alerting persons to the existence of an emergency or noise emitted in the performance of emergency work;
(3) Warning device noise. All necessary and reasonable noise associated with the use of warning devices necessary for the protection of public safety, including but not limited to fire, law enforcement and ambulance sirens and the testing of such devices;
(4) Public works noise. All necessary and reasonable noise arising from the authorized performance of building, repairing or maintaining highways, roads and irrigation canals and other such duly authorized public works activities;
(5) Recreational noise. All necessary and reasonable noise arising from the operation of public recreational activities authorized by the county.
(6) Property improvement. All necessary and reasonable noise arising from the operation of vehicles and equipment used for the property maintenance and/or improvements.
(F) Engine retarders. Notwithstanding any provisions of this chapter, the terms of §§ 70.25 through 70.31 shall remain in full force and effect. The provisions of §§ 70.25 through 70.31 relating to the use of engine retarders shall be incorporated into this chapter by reference, and be enforceable pursuant to the provisions of this chapter.
(Ord. 2005-7, passed 12-16-2005) Penalty, see § 92.99