dBA OR A-WEIGHTED SOUND PRESSURE LEVEL: Shall mean the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit for reporting is dB(A) or dBA. Sounds measured with the "A" weighting network approximate the response of human hearing when measuring sounds of low to moderate intensity.
AMBIENT SOUND: Shall mean the sound pressure level which represents the summation of the sound from all the discrete sources affecting a given site at a given time, exclusive of the source under investigation.
DECIBEL: Shall mean a logarithmic unit used in measuring the magnitude of sound. Decibel is abbreviated dB.
DWELLING: Shall mean a building or structure that is intended or designed to be used, rented, leased, let or hired out for human habitation.
EMERGENCY POWER GENERATOR: Shall mean the equipment used to generate electrical power in the event of an interruption, malfunction, or failure of the electrical power otherwise supplied by the service provider.
EMERGENCY VEHICLE: Shall mean an authorized motor vehicle, motorboat, or aircraft, which can lawfully be used for the transportation of emergency personnel, equipment, and supplies while responding to the scene of an emergency.
EMERGENCY WORK: Shall mean:
1. Work required to restore property to a safe condition following a disaster or declaration of emergency;
2. Work required to protect persons or property from an imminent exposure to danger; or
3. Work that absolutely cannot be done otherwise during the daytime hours to protect the public's health by private or public entities for providing or restoring immediately necessary utility service.
LEQ: Shall mean the average measure of continuous noise that has the equivalent acoustic energy of the fluctuating signal over the same time period. For the purposes of this regulation, an Leq measurement will be taken for a minimum of one minute.
MULTI-DWELLING UNIT BUILDING: Shall mean any building comprising two (2) or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
MUNICIPAL APPROVED EVENT: Shall mean an assembly of people which continues and can reasonably be expected to continue for two (2) or more hours per day on a temporary basis not to exceed two (2) weeks (as opposed to an annual permit), and has received a permit, license or authorization from the municipality.
RECEIVING PROPERTY: Shall mean any property, including an individual unit of a multi-dwelling or multi-use property that is adversely affected by noise transmitted by another property or from another unit within the same multi-dwelling or multi-use property.
REPETITIVE IMPULSE SOUND: Shall mean any impulse sound repeated at intervals such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 10 dB(A) within one second.
SNOW REMOVAL EQUIPMENT: Shall mean any mechanical equipment used for removing snow from land or building surfaces including snow plows, snow blowers, snow sweepers, and any spreader or applicator employed to apply a snow or ice melting product.
SOUND: Shall mean an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with interval forces that cause compression or rarefaction of the medium.
SOUND LEVEL METER: Shall mean an instrument that includes a microphone, amplifier, RMS detector, integrator, or time averager, output meter and weighing networks used to measure sound pressure levels.
B. Noise Prohibitions:
1. General Prohibition Of Noise: Between the hours of 6:00 p.m. and 7:00 a.m., no person shall emit, nor shall any person cause, allow, permit, or fail to control the emission of any noise source so as to exceed the maximum allowable sound pressure levels set forth in Table 1 of this Section B.1. when measured from the receiving property.
Table 1 - Maximum Permissible Sound Pressure Levels (Leq) Table
Receiving Property Use (See Section D for examples for each type of use) | Between 6:00 p.m. and 11:00 p.m. | Between 11:00 p.m. and 7:00 a.m. |
Type A | 10 dBA above ambient sound not to exceed 60 dBA | 5 dBA above ambient sound not to exceed 55 dBA |
Type B | 10 dBA above ambient sound not to exceed 65 dBA | 5 dBA above ambient sound not to exceed 60 dBA |
Type C | 10 dBA above ambient sound not to exceed 75 dBA | 5 dBA above ambient sound not to exceed 70 dBA |
Type D | 10 dBA above ambient sound not to exceed 75 dBA | 5 dBA above ambient sound not to exceed 75 dBA |
2. Sound Pressure Level Measurements: Sound pressure level measurements shall be made with a calibrated and certified Type 2 sound level meter or better instrument as specified in the American National Standards Institute's (ANSI) publication S1.4-1983 (Reaffirmed 2001) entitled, "Specifications for Sound Level Meters", or its current successor; or the International Electrochemical Commission (IEC) class or type 1 and 2 standard 61672. All sound level measurements required by this regulation shall be taken in dBA
3. Repetitive Impulse Sound: For any stationary source of sound which emits a repetitive impulse sound, the limits set forth in Table 1 shall be reduced by 5 dBA when measured between the hours of 6:00 p.m. to 11:00 p.m. and reduced by 10 dBA for Type A and Type B property use when measured between the hours of 11:00 p.m. to 7:00 a.m.
1. Emergency Events And Equipment: Noise resulting from a response to any emergency event, including the use of emergency equipment, emergency vehicles, emergency relief valves, emergency work, and emergency power generators, which provide emergency power or potable water to any hospital, health clinic, nursing home, similar facilities, or physician prescribed home-based personal medical equipment as approved by the City, where the loss of electrical power or potable water poses an immediate risk to the health, safety, and welfare of any person, or as required by federal or state law. During a power failure, other commercial or personal emergency power generators operating between the hours of 11:00 p.m. and 7:00 a.m. may reach, but not exceed, the maximum day time sound pressure levels set forth in Table 1 when measured from the receiving property.
2. Heating, Ventilation, And Air Conditioning (HVAC): Noise resulting from the operation of a HVAC system used on or within a Type A property use,including central air conditioning units, evaporative coolers, or window cooling units, regardless of the time or frequency of operation, provided the system is in good repair and operating within manufacturer's specifications.
3. Mechanical Equipment: Noise resulting from the use of portable mechanical equipment between the hours of 6:00 p.m. and 11:00 p.m., so long as the equipment is in good repair, performs a legitimate service, and is being used according to the manufacturer's specifications.
4. Municipal Activities: Activities and events held in or upon any City-owned facility or other City-owned property or undertaken by City employees or contractors.
5. Public Assembly: Noise directly resulting from crowd noise associated with a public assembly.
6. Snow Removal And Street Sweeping: Noise resulting from the operation of snow removal and street sweeping equipment.
7. Other Exemptions: The City Manager or the Liquor Commissioner may each authorize exemptions from the prohibitions contained in this Section 4.1.3.10
for special occasions or exceptional circumstances.
D. Noise Area Classifications: For purposes of the receiving property uses described in Table 1 of Section B of this Chapter, the following uses (and uses similar to these examples) shall apply:
Type A Property Use Activities/Examples
Single family residential structure that does not share a common wall with residential or any other use.
Type B Property Use Activities/Examples
All other residential use not included in Type A including but not limited to:
Apartment/Condominium/Twin Home/Poli-Plex
Group home, community living
Residential hotel/motel
Mobile home park or court
Transient lodging
Correctional institution
Medical/other health service
Religious, Church activity
School, Educational Institution activity
Cultural activity and nature exhibition
Camping and picnicking areas (designated)
Resort, group camp
Other cultural, recreational activity
Type C Property Use Activities/Examples
Retail trade
Building materials
Hardware
Farm equipment
General merchandise
Food, eating and drinking, other recreation (bar, discotheques, clubs)
Automotive & accessories, gas stations
Marine craft & accessories
Aircraft & accessories
Apparel & accessories
Furniture, home furnishings and equipment
Other retail trade
Finance, insurance, and real estate services
Personal services
Business services
Repair services
Legal services
Other professional services
Contract construction services
Governmental services (except correctional institutions)
Miscellaneous services (except religious activities)
Amusements (except fairgrounds and amusement parks)
Parks
Automobile parking
Type D Property Use Activities/Examples
Food and kindred products - manufacturing
Textile mill products - manufacturing
Apparel & other finished products made from fabrics, leather & similar materials - manufacturing
Lumber and wood products (except furniture) – manufacturing
Furniture and fixtures - manufacturing
Paper and allied products- manufacturing
Printing, publishing, and allied industries
Chemicals and allied products – manufacturing
Petroleum refining and related industries
Rubber and miscellaneous plastic products – manufacturing
Stone, clay, & glass products – manufacturing
Primary metal industries
Fabricated metal products - manufacturing
Professional, scientific, and controlling instruments, photographic & optical goods, watches and clocks - manufacturing
Miscellaneous manufacturing (except motion picture production)
Railroad, rapid transit, and street railway transportation (except passenger terminals)
Motor vehicle transportation (except passenger terminals)
Aircraft transportation (except passenger terminals)
Marine craft transportation (except passenger and freight terminals)
Highway and street right-of-way Communication (except telegraph message centers)
Utilities
Other transportation, communication & utilities (except transportation services and arrangements)
Event and entertainment venues
Race tracks
Fairgrounds and amusement parks
Agricultural
Agricultural and related activities
Forestry activities and related services (including commercial forest land, timber production, and other related activities)
Fishing activities and related services
Mining activities and related services
Other resource production and extraction
All other activities not otherwise listed
Undeveloped and unused land area (excluding noncommercial forest development)
Noncommercial forest development
Water areas
Vacant floor area
Under construction
Other undeveloped land and water areas
All other property uses not previously identified
(Ord. 19-O-74, 9-17-2019)