§ 10-32. Maximum decibel levels.

(a)

General principle. No person shall operate or cause to be operated any source of sound from any property in such a manner as to create a sound level which exceeds the limits as set forth in either Table I below or Special Principle No. (5) below for the applicable zoning district for more than ten per cent (10%) of any measurement period, which shall not be less than ten (10) minutes, when measured at or beyond the property boundary of the site from which the sound emanates.

TABLE I
THRESHOLD DECIBEL LIMITS BY ZONE AND TIME OF DAY

Zoning Districts	Time	Threshold Decibel Limit
Commercial (BGC, BPO, BHC only)	7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m.	65   55
Light Industrial	All times	75
All other districts	7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m.	60   50

 

(b)

Special principles.

(1)

When there is more than one (1) unit within a single structure, such as with a strip center or an apartment building, the decibel level will be measured from the unit of the complainant.

(2)

Sound or noise projecting from one (1) zoning district into another zoning district with a different decibel level limit shall not exceed the limits of the zoning district into which the noise is being projected.

(3)

Property being used for a grandfathered nonconforming use shall be governed by the decibel limits for the zoning classification in which said use would be permitted.

(4)

All sound level measurements made under the provisions of this article shall be made with a sound level meter as defined herein.

(5)

When the established ambient noise level is slightly below or above the threshold limit of Table I: If possible, for any particular suspected noise producing source, the city representative shall determine and establish the ambient noise levels for certain times of the day for certain locations in the vicinity of the source during a period when the suspected noise source is not operating. If the ambient noise levels thereby established fall within a range of between two (2) decibels below the applicable threshold level of Table I and five (5) dB above it, the sound level measured when the noise is being produced shall be compared with the established ambient noise level instead of with the threshold level. In such a case, the noise level contributed to by the suspected source shall be allowed to exceed the established ambient noise level by up to three (3) decibels.

Examples: If the applicable threshold decibel limit is fifty-five (55) dB, but the ambient noise level is established at sixty (60) dB, the noise level tolerated would be up to sixty-three (63) dB, above which level a violation would exist; or if the decibel threshold is sixty-five (65) dB and the established ambient level is sixty-three (63) dB, the noise level tolerated would be up to sixty-six (66) dB, above which level a violation would exist; or if the applicable threshold decibel limit is sixty-five (65) dB, but the ambient noise level established is fifty-five (55) dB, the noise level tolerated would be up to the threshold limit of sixty-five (65) dB.

(Ord. No. 94-23, § 2, 1-10-95; Ord. No. 18-11 , § 1, 7-10-18)