§ 12-46. Maximum permissible sound levels by receiving land use; immediate threat

(a) With the exception of sound levels elsewhere specifically authorized or allowed in this chapter, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:

NOISE TABLE I
Sound Levels by Receiving Land Use and Penalties for Violating Levels

Location of Receiving Land	Time	Sound Limit dB(A)	Penalty
Category I: Residential A Zone and Residential B Zone	7:00 a.m. to 9:00 p.m.	65 dB(A)	Up to $200.00
Residence C and Residential C/Mixed Use Zone	9:00 p.m. to 7:00 a.m.	55 dB(A)	Up to $200.00
Category II: New Harbor Commercial Zone and Old Harbor Commercial Zone	7:00 a.m. to midnight	70 dB(A)	Up to $500.00
Mixed Use Service Commercial	midnight to 7:00 a.m.	65 dB(A)	Up to $500.00
Category III: Beaches	7:00 a.m. to 9:00 p.m.	65 dB(A)	Up to $200.00
Public Water	9:00 p.m. to 7:00 a.m.	55 dB(A)	Up to $200.00
Category IV: Special Event	Day time special events shall be exempt from the sound limits (dBA) until December 31, 2005

 

(b) Notwithstanding any other provisions of this chapter, any business with a liquor license which is cited for a noise disturbance is subject to the penalty for a violation in a "Category II" property as set out in table I as set forth in subsection (a) of this section.

(c) Correction for character of sound. For any source of sound which emits a pure tone, the maximum sound level limits set forth hereinabove shall be reduced five dBA.

(d) Exceptions to table I. Activities covered by the following sections:

(1) Section 12-47, Emergency signaling devices.

(2) Section 12-50, Regulation of sound equipment and sound amplifying equipment.

(3) Section 12-51, Motorized vehicles.

(4) Section 12-53, Stationary nonemergency signaling devices.

(Rev. Ords. 1989, § 12-46; Ord. of 6-20-1990; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-46)