§ 97.15 ABATEMENT ORDERS.

   (A)   The Health Officer or other agency responsible for enforcement of any provision of this chapter may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to the guidelines which the Health Officer may prescribe. Such abatement orders may be issued in lieu of prosecution for violation, and failure to comply with any abatement order shall be a violation of this chapter.

   (B)   The Health Officer shall order an immediate halt to any sound which exposes any person to continuous sound levels in excess of those shown in Table 8 below or to impulsive sound levels in excess of those shown in Table 9 below; provided, that no such order shall be issued if the only persons exposed to sound levels in excess of those listed in Tables 8 and 9 are exposed as a result of:

      (1)   Trespass,

      (2)   Invitation upon private property by the person causing or permitting the sound, or

      (3)   Employment by the person or contractor of the person causing or permitting the sound.

   (C)   Any person who violates an order issued pursuant to this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $500 for each offense. A new violation shall be deemed to. have been committed every 24 hours of such failure to comply.

TABLE 8 CONTINUOUS SOUND LEVELS WHICH POSE AN IMMEDIATE THREAT TO HEALTH AND WELFARE*
Sound Level Limit, in dBA	Duration
90	24 hours
93	12 hours
96	6 hours
99	3 hours
102	1.5 hours
105	4.5 minutes
108	22 minutes
* Use equal energy time-intensity trade-off if level varies, find energy equivalent over 24 hours

 

 

TABLE 9 IMPULSIVE SOUND LEVELS WHICH POSE AN IMMEDIATE THREAT TO HEALTH AND SAFETY
Sound Level Limit, in dBA	Number of Repetitions per 24-Hour Period
145	1
135	10
125	100

 

(Ord. 1766, passed 6-14-01)