Sec. 22-43. - Measurement of sound.

(a)

General provision; tests for noise disturbances. In addition to the definition established in section 10-37, the factors which shall be considered in determining whether a noise disturbance exists shall include, but shall not be limited to, the following:

(1)

The volume of the noise;

(2)

The intensity of the noise;

(3)

Whether the nature of the noise is usual or unusual;

(4)

Whether the origin of the noise is natural or unnatural;

(5)

The volume and intensity of the background noise, if any;

(6)

The proximity of the noise to residential sleeping facilities;

(7)

The nature and zoning of the area within which the noise emanates;

(8)

The density of inhabitation of the area within which the noise emanates;

(9)

The time of the day or night the noise occurs;

(10)

The duration of the noise;

(11)

Whether the noise is recurrent, intermittent or constant; and

(12)

Whether the noise is produced by a commercial or noncommercial activity.

(b)

Classification of use districts. It is unlawful to project a sound or noise, from one property into another, within the boundary of a use district which exceeds either the limiting noise spectra set forth in Table 1 below, or exceeds the ambient noise level by more than three decibels.

(1)

Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of each district into which the noise is projected.

(2)

Measurement of noise:

a.

The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.

b.

The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise spectra set forth in Table I.

c.

The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate five feet above ground.

d.

In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.

(Code 1986, § 9-12; Ch. 849, § 1, 7-7-2004)