§ 159.166. NOISE CONTROL.


Latest version.
  • (A) Noise prohibited. It shall be unlawful to make, continue or cause to be made or continued, any noise in excess of the nose levels set forth unless the noise be reasonably necessary to the preservation of life, health, safety, or property.
    (Prior Code, Ch. 300 § 724.01)
    (B) Measurement of noise. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) by more than 6 decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, shall be deemed to be a violation of this section, but any enumeration herein shall not be deemed to be exclusive.
    Time
    Duration of Sound
    All Districts
    All Other Districts
    Residential Districts
    7:00 a.m. - 7:00 p.m.
    7:00 p.m. -7:00 a.m.
    7:00 p.m. - 10:00 p.m.
    10:00 p.m. - 7:00 a.m.
    Less than 10 minutes
    75db
    70db
    -
    60db
    Between 10 minutes and 2 hours
    70db
    60db
    -
    50db
    In excess of 2 hours
    60db
    50db
    -
    40db
    (1) In determining whether a particular sound exceeds the maximum permissible sound level in the above table, the maximum allowable decibel levels for residential districts are as set forth in Column 3 of the table:
    (a) Sounds in excess of the residential district limitations as measured in a residential district or other district; and
    (b) During all hours of Sundays and state and federal holidays.
    (2) Sounds emanating from the operation of the following are exempt from the provisions of this chapter:
    (a) Motor vehicles on public highways;
    (b) Aircraft;
    (c) Outdoor implements such as power lawn mowers, snowblowers, power hedge clippers and power saws; and
    (d) Pile drivers or jackhammers and other construction equipment from lawful and proper activities at school grounds, playgrounds, parks, or places wherein athletic contests take place.
    (Prior Code, Ch. 300 § 724.02)
    (C) Construction equipment. Except as hereinafter provided, no pile driver, jackhammer or other construction equipment shall be operated between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays, and state and federal holidays, except under city issued permit.
    (1) No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times set forth in this section, and any sound emitted from any such engine or power units shall not exceed 83 decibels measured along the property line.
    (2) If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a city issued permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows:
    (a) In the event of an emergency situation a permit may be granted for operation during any hour of any day for a period not to exceed 3 days or less while the emergency continues, and which permit may be renewed for periods of 3 days or less while the emergency continues.
    (b) In the event of a determination of substantial economic loss to a person, a city issued permit may be granted for operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays, upon the condition that, while any construction equipment, internal combustion engine or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwelling; except that if, while the construction equipment, internal combustion engine or power unit is in operation, its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted for operation during any hour or any day.
    (Prior Code, Ch. 300 § 724.03)
    (D) Outdoor implements. Except as hereinafter provided, any power lawn mower, snow blower, power hedge clipper, power saw, or such other implements designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturday, Sundays, and state and federal holidays; provided, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein, may be operated during the above prohibited hours.
    (Prior Code, Ch. 300 § 724.04)