§ 8-48. Sound level limitations.

(a)

No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner as to create a sound level that exceeds the sound level limits set forth in Table 1 when measured at the real property line of the nearest receiving property using the slow response setting unless otherwise noted. Such a sound source would constitute a noise disturbance.

(b)

The actual sound pressure level (dBA) created by a noise source of interest shall calculated by determining the difference between the ambient or background sound pressure level (dBA) and the sound pressure level (dBA) with the noise source of interest and subtracting a scientifically determined dBA value from the sound pressure level with the noise source of interest as follows:

Difference between the two levels being subtracted (dB)	Decibels to subtract from the higher level
3	3
4 or 5	2
6 to 9	1
10 or more	0

 

TABLE 1. Sound Level Limits by Receiving Property

Receiving Property Category	Time	Sound Level Limit (dBA)
Residential	7 a.m.—10 p.m. 10 p.m.—7a.m.	60 55
Commercial	At all times	65
Industrial	At all times	70

 

(1)

If the noise is an impulsive sound, the fast response setting shall be used and the daytime (7 a.m.—10 p.m.) limits of Table 1 shall be increased by 10 dBA. Nighttime (10 p.m.—7 a.m.) limits shall remain at 55 dBA.

(2)

In a multi-family dwelling, it shall be unlawful to create or permit to be created any noise that exceeds a daytime (7 a.m.—10 p.m.) limit of 50 dBA and a nighttime (10 p.m.—7 a.m.) limit of 40 dBA as measured from a neighbor's dwelling.

(3)

In addition to the limits of Table 1, for any sound source which impacts residential property, the maximum allowable sound level limits for the individual octave bands whose centers are 31.5, 63 and 125 Hertz shall not exceed 65 dB.

(4)

If the noise is from construction activity, the noise emanating from the construction site shall be exempt from the sound level limits provided in Table 1 only between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays and between 9:00 a.m. and 5:00 p.m. on Sundays. The noise emanating from construction sites shall not be exempt on the following legal holidays: News Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(5)

If the noise is from landscape and yard equipment, such noise shall be exempt from the sound level limits provided in Table 1 only between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, weekends and legal holidays, provided all motorized equipment used in such activity are equipped with functioning mufflers.

(Ord. No. O-2008-005, § 2, 1-9-08; Ord. No. O-2008-016, § 2, 4-16-08)