a) DEFINITIONS
1) "DECIBEL" - (dB) means a unit of measurement of relative sound intensity equal to twenty times the logarithm to the base ten (10) of the ratio of the effective sound pressure to a reference pressure of twenty (20) micronewtons per square meter. In formula, decibel is:
dB = 20LOG10P
P0
P is the average pressure of the measured sound, and P0 indicates the reference pressure considered to be the weakest audible pressure a young ear can detect under ideal listening conditions.
2) "SOUND LEVEL A OR dB(A)" - The sound level in decibels measured with a sound level meter using the A-weighed network or scale as specified in ANSI SL-4-1971 Specification for Sound Level Meters.
b) MEASUREMENTS AND BOUNDARY CONTROLS
1) LEVELS AT ZONING DISTRICT BOUNDARIES -Where the property line of a use coincides with a Zoning District boundary, the maximum permissible sound level for the Zoning District boundary controls.
2) CONSTRUCTION, REPAIR, DEMOLITION - In cases involving noise from construction, repair or demolition on a public street or other thoroughfare, the "property line" shall be the boundary of the public right-of-way.
3) NOISE MEASUREMENT - Measurement shall be made with a sound level meter using the A-weighted network or scale as specified in ANSI SL-4-1971. Measurements shall be made by instruments calibrated by accepted acoustical techniques to an accuracy of +/- 1 dB(A). Persons operating this equipment shall have training approved by the equipment manufacturer.
c) MAXIMUM PERMISSIBLE SOUND LEVELS BY ZONING DISTRICTS -Except as provided in Subsections 3) and 4) below, a sound level that emanates from any operation or activity and exceeds the maximum permissible sound levels established by the following is prohibited:
1) EMPLOYMENT CENTER DISTRICT- If the sound emanates from a use located within the EC district, the maximum permissible sound level is:
A. Seventy-five (75) dB(A) at any point on the property line of the use;
B. Seventy (70) dB(A) at any point on a boundary separating the EC district from the CBD district; and
C. Seventy (70) dB(A) at any point on a boundary separating the EC district from a Residential, Urban Neighborhood, or Mixed Use Institutional District.
2) CENTRAL BUSINESS DISTRICT ZONING DISTRICT - If the sound emanates from a use located within theCBD, the maximum permissible sound level is:
A. Sixty-one (61) dB(A) at any point on the property line of the use;
B. Sixty-four (64) dB(A) at any point on a boundary separating the CBD district from an EC district; and
C. Fifty-eight (58) dB(A) at any point on a boundary separating the CBD district from a Residential, Urban Neighborhood, or Mixed Use Institutional district.
3) RESIDENTIAL, URBAN NEIGHBORHOOD, AND MIXED USE INSTITUTIONAL DISTRICTS- If the sound emanates from a use located within a RS1, RS2, UN1, UN2, MUI1, MUI2, or OS district, the maximum permissible sound level is:
A. Fifty-five (55) dB(A) at any point on the property line of the use;
B. Sixty-one (61) dB(A) at any point on a boundary separating the Residential, Urban Neighborhood, or Mixed Use Institutional district from an ECdistrict; and
C. Fifty-eight (58) dB(A) at any point on a boundary separating the Residential, Urban Neighborhood, or Mixed Use Institutional district from CBD district.
d) DEVIATIONS FROM MAXIMUM PERMISSIBLE SOUND LEVEL
1) REDUCTION OF LEVELS, TIME - Between the hours of 9:00 P.M. and 7:00 A.M. the maximum permissible sound levels established by Sections 1307.02(c) and of this Ordinance shall be reduced by five (5) dB(A).
2) ALTERATION OF MAXIMUM PERMISSIBLE SOUND LEVELS - The maximum permissible sound levels established by Section 1307.02(c) of this Ordinance may be exceeded:
A. By no more than five (5) dB(A) for a duration not to exceed twelve (12) minutes in any one (1) hour period; or
B. By no more than ten (10) dB(A) for a duration not to exceed three (3) minutes in any one (1) hour period; or
C. By no more than fifteen (15) dB(A) for a duration not to exceed thirty (30) seconds in any one (1) hour period.
3) REDUCTION OF LEVELS, TYPE - The maximum permissible sound levels established by Section (a) of this Ordinance shall be reduced by five (5) dB(A) for:
A. Sounds of periodic character (such as pumps, fans or compressors).
B. Sounds of impulsive character (such as weapons fire, punch press or drop hammer).
C. Sounds with pure tone component (such as a whistle or alarm).
D. A steady audible tone, such as a hum, whine or screech.
4) NOISES ARISING FROM ACTIVITY IN RESIDENTIAL ZONES - Certain noise sources associated with residential living, although not considered desirable by most residents, are nevertheless tolerated. Such activities will be allowed to persist, but only at specified times. At all other times the noise limits stated in Section 1307.02(c) and this Section shall apply. The following activities are allowed between the hours of 7:00 A.M. and 9:00 P.M. on weekdays and between the hours of 10:00 A.M. and 10:00 P.M. on weekends and legal holidays: use of home workshops, power tools and power garden equipment and vehicular repairs.
e) NOISE SENSITIVE ZONES - Whenever the protection of the public health, safety and welfare so require, the Mayor, after a duly advertised public hearing and with the approval of the City Council by ordinance or resolution, may designate any geographical area of the City of York as a noise sensitive zone. Such designation shall include a description of the subject area by reference to named streets, the reasons for determination as a noise sensitive zone and a list of those activities, which if undertaken in such zone, shall constitute unnecessary noise. A designation may be for specified times or days of the week.
f) SPECIAL NOISE LIMITS
1) HORN BLOWING - It shall be unlawful for any person within the City to sound a vehicular horn except as an emergency warning signal.
2) MOTOR VEHICLE OPERATION - It shall be unlawful for any person to operate a motor vehicle in such a manner as to violate the noise limits promulgated by this City. Any measured noise level exceeding these limits shall be deemed prima facia evidence of a violation of this Section.
3) NOISE FROM SELLING OF GOODS BY OUTCRY - It shall be unlawful for any person within the City to sell anything by outcry between the hours of 10:00 P.M. and 8:00 A.M. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed entertainment events.
4) MUSICAL INSTRUMENTS - It shall be unlawful for any person to use any drum or other musical instrument upon the streets between the hours of 10:00 P.M. and 8:00 A.M. This Section shall not apply to any person who is a participant in a school band, duly licensed parade or a permitted outdoor concert, or who has been otherwise duly authorized to engage in such conduct.
5) CONSTRUCTION - The noise levels produced by construction projects shall not exceed the noise limits described in Section 1307.02 without issuance of a temporary exemption permit except that no exemption permit is required to perform emergency work.
6) TEMPORARY EXEMPTION - The Zoning Officer is hereby authorized to grant a temporary exemption from the maximum permissible sound levels established by this Ordinance if such temporary exemption would be in the public interest. A temporary exemption must be in writing and signed by the owner or operator or his appointed representative and must set forth the name of the party granted the exemption, the location of the property for which it is authorized and the period during which it is effective. A temporary exemption will be granted only for a reasonable period, which in no case shall exceed thirty (30) days, after review of all the facts. Temporary exemptions are not renewable and will not be granted more than three times in any one (1) calendar year with respect to any location. A holder of a temporary exemption is authorized to exceed the maximum permissible sound levels established by Section 1307.02(c) by no more than twenty-five (25) dB(A), unless expressly permitted by the City.