§ 42.03. Noises to Which the Standards Apply.

(1)

The requirements of Chart 1 shall apply to all noises (except those specifically exempted in Section 42.06), including but not limited to, continuous and intermittent noise, tones, impact noise, and noise emitted by speaker boxes, sound amplification devices, pick-up and delivery trucks and any other commercial or industrial activities.

(2)

The noise levels listed in Chart 1 for the Downtown Entertainment Area as defined herein, shall be those levels which may not be exceeded for a cumulative period of no less than one (1) minute in any fifteen (15) minute period. The noise levels listed in Chart 1 for all other types of property may not be exceeded for longer than eight and three-tenths percent (8.3%) of any measurement period, which measurement period shall not be less than thirty (30) minutes.

(3)

Where the ambient noise level exceeds the allowable noise levels given in Chart 1, then the ambient level becomes the allowable exterior noise level.

(4)

Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:

(a)

Commercial means property use that is for the trafficking of goods or furnishing of services for sale or profit, including, but not limited to, banking and other financial institutions, dining establishments, retail or wholesale establishments, recreation or entertainment establishments, office buildings, transportation facilities, and warehouses. This category excludes property which is defined as Multi-Use or is located in the Downtown Entertainment Area as described in section 42.07(6) herein.

(b)

Convenient hearing means the listening comfort of those persons assembled.

(c)

Downtown Entertainment Area means all property and uses contained within the area described in section 42.07(6) herein.

(d)

Industrial means property use that is for the fabrication, manufacturing, shipping, or production of durable or nondurable goods. This category excludes property which is located in the Downtown Entertainment Area as described in section 42.07(6) herein.

(e)

Multi-Use means property that includes a building(s) or structure(s) which contains both commercial (usually on the ground floor) and residential use, where such residential use is located above, behind, below or adjacent to the commercial use. This category shall also include any area where commercial use abuts residential use or is located immediately or directly across a public right-of-way from residential use. Multi-Use excludes property which is located in the Downtown Entertainment Area as described in section 42.07(6) herein. Property used for the public benefit such as outdoor concert events, fairs, festivals, athletic fields, and public assemblies is also included in the definition of "Multi-Use."

(f)

Neighborhood inhabitants means person or persons who dwell or reside in a place which is immediately adjacent to or within 100 feet of the property generating the noise.

(g)

Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties who has a direct line of sight and hearing to the source of the noise. The person need not determine particular words or phrases, or the name of any song or artist: the detecting of a rhythmic bass reverberating sound is sufficient.

(h)

Public right-of-way means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.

(i)

Real property line means either (i) the imaginary line including its vertical extension that separates one parcel of real property from another; (ii) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit such as a condominium, townhouse, or apartment building; or (iii) on a multi-use property, the point of interface between the two portions of the property on which different categories of activity are being performed.

(j)

Residential means property use that is for residences, including, but not limited to, single-family residences, multi-family residences, condominiums, apartments, hotels, motels, and assisted living facilities. This category excludes property which is defined as Multi-Use and property located in the Downtown Entertainment Area as described in section 42.07(6) herein.

(k)

Sound amplification device includes, but is not limited to, radios, stereos, CD players, DVD players, microphones, drums, turn tables, audio or visual equipment, electronic devices, musical instrument, sound equipment, television sets, interior or exterior speakers, loudspeakers, bullhorn, or any similar device.

(l)

Weekday means Sunday beginning at 2:00 a.m. through Thursdays ending at 11:59 p.m.

(m)

Weekend means Friday beginning at 12:00 a.m. through Sunday ending at 1:59 a.m.

CHART 1. MAXIMUM NOISE LEVELS IN A AND C-WEIGHTED DECIBELS

This chart establishes the maximum permissible noise level, measured in A-weighted and C-weighted decibels, which may be generated in the defined locations at the described time periods. As used below, dBA and dBC shall be the symbol designations of a noise level, using the A-weighting and C-weighting network of sound level meters. For purposes of this Chapter, noise shall be measured using the slow exponential time weighting characteristic of the sound level meter.

Type of Property Generating Noise	Class A Standard 7 AM—10 PM	Class A Standard 10 PM—7 AM	Class B Standard
Residential	60dBA/65dBC	55dBA/60dBC	65dBA/70dBC
Multi-Use	65dBA/70dBC	55dBA/60dBC	65dBA/70dBC
Commercial	70dBA/75dBC	65dBA/70dBC	75dBA/80dBC
Industrial	75dBA/80dBC	75dBA/70dBC	85dBA/90dBC

 

Class B Standards apply to noises originating from heavy manufacturing uses, as defined in the City's Land Development Code. Class A Standards apply to all other uses.

Downtown Entertainment Area	7 AM—11:59 PM 75dBA/80dBC	12 AM—7 AM 70dBA/75dBC	Weekdays
	7 AM-1:59 AM 75dBA/80dBC	2 AM-7 AM 70dBA/75dBC	Weekends

 

The categories listed in the above Tables are not to be construed as defined by the City's Land Development Code, but shall have the meanings ascribed to them in this Chapter.

(Ord. of 8-10-2009, § 1, Doc. #0908101101; Ord. No. 2013-14, § 1, 9-16-2013, Doc. #1309161202; Ord. No. 2017-38, § 1, 10-23-2017, Doc. #1710231203)