It shall be unlawful for any person to create any noise on any street,
sidewalk or public place adjacent to any school, institution of learning or
church while the same is in use or adjacent to any hospital, which noise unreasonably
interferes with the workings of such institution or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed
in such streets, sidewalk or public place indicating the presence of a school,
church or hospital.
It shall be unlawful for any person within a radius of 500 feet therefrom
to operate equipment or perform any outside construction or repair work on
buildings, structures or projects or to operate any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist, or other construction
type device except to perform emergency work between the hours of 10:00 p.m.
of one day and 7:00 a.m. of the next day in such a manner in which either
annoys, disturbs or endangers the comfort, repose, health, peace or safety
of one or more individuals of normal sensitivity.
It shall be unlawful for any person to repair, rebuild or test any motor
vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next
day in such a manner which either annoys, disturbs or endangers the comfort,
repose, health, peace or safety of one or more individuals of normal sensitivity
residing in the immediate area.
It shall be unlawful for any person to operate motorized lawn care equipment,
to include lawnmowers, chippers, hedge trimmers, and the like, between the
hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner
which either annoys, disturbs or endangers the comfort, repose, health, peace
or safety of one or more individuals of normal sensitivity.
The Chief of Police of the City of Geneva has deemed it appropriate
and in the best interest of the city to reduce and/or mitigate noise problems
and complaints in the community, to supplement the provisions contained herein
by the establishment of acceptable standards of decibel readings for ambient
noise. These standards reflect community needs for such standards taking into
consideration such issues as surrounding circumstances, place, time of day,
and the like and are set forth hereinbelow:
A. Definitions. For the purpose of these standards, the
following definitions shall apply:
AMBIENT NOISE
The background average noise level within an area, exclusive of any
extraneous sounds.
A-WEIGHTED SOUND LEVEL
The sound pressure level measured with a meter using an A-weighted
frequency response as prescribed by the American National Standards Institute
(ANSI), or its successor. A-weighting is used to approximate the average human
ear's response to a range of sound frequencies.
CLASS A (RESIDENTIAL) LAND
Lands residentially zoned and used primarily for sleeping purposes
by people. Such lands shall include those contained in the R1, R2 and MR zoning
districts.
CLASS B (COMMERCIAL) LAND
Lands where people are likely to communicate with one another by
speech. Class B shall include public lands and zoning districts designated
as B1 and B2.
CLASS C (INDUSTRIAL) LAND
Lands intended primarily for heavy commercial or industrial use,
and shall include those lands in zoning districts F and F1.
DAYTIME
From 7:00 a.m. to 10:00 p.m.
DBA
The abbreviation for A-weighted sound level in decibels.
FAST RESPONSE
The characteristic of a sound level meter which allows for accurate
measurement of impulsive sounds such as horn blasts, explosive sounds, firearm
discharges or passing vehicles.
IMPULSIVE SOUND
A sound characterized by excursions of the sound pressure which exceed
the ambient sound, by six or more decibels, but last two seconds or less.
INDUSTRIAL OPERATION
The production, fabrication and storage of man-made goods, and the
production, transformation and storage of energy in all forms.
MAXIMUM SOUND LEVEL
The recorded or noted maximum RMS (room-mean-square) sound pressure
level noted using an instrument which meets the requirements of the chapter.
Maximum impulsive sound level shall be measured using the fast response setting.
Maximum continuous sound level shall be measured using the slow response setting.
REAL PROPERTY BOUNDARY
An imaginary line exterior to any structure, along the ground surface,
which separates the real property owned by one person from that owned by another
person, and the vertical extension of such line.
RECEIVING LAND
The property line of the real property where the sound is being heard,
and where appropriate level restrictions apply. In the case of any apartment,
townhouse or condominium, the point-of-measurement is within the affected
unit.
SOUND LEVEL
The quantity, in decibels, measured using an instrument satisfying
the requirements of ANSI SI.4-1983. Sound level is the frequency-weighted
(see "A-weighting") sound pressure level obtained with fast or slow response.
SOUND LEVEL METER
An instrument designed to detect and measure sound pressure levels
and display this information in decibels, in an analog or digital form. An
instrument meeting the requirements of this code shall conform to the requirements
of ANSI SI.4-1983, Type 1 or Type 2.
B. Maximum permissible sound levels by receiving land use.
Any noise source that produces sound in excess of those levels set forth in
Table I, as measured at, or within the property boundary of the receiving
land use, shall constitute a violation of this section.
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TABLE I
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A.
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Continuous sound-slow response meter level.
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Receiving Land Use Category
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Maximum Sound in dB(A)
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Day
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Night
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Class A (residential)
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65
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55
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Class B (commercial)
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70
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60
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Class C (industrial)
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80
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70
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B.
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Impulsive sound-fast response meter level.
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Receiving Land Use Category
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Maximum Sound in dB(A)
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Day
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Night
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Class A (residential)
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75
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65
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Class B (commercial)
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80
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70
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Class C (industrial)
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90
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80
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With impulsive noise, the following adjustment in the allowable maximum
levels shall apply:
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3-10 repetitions per hour
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Deduct 1 dB(A)
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11-20 repetitions per hour
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Deduct 2 dB(A)
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21-60 repetitions per hour
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Deduct 3 dB(A)
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Over 60 repetitions per hour
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Deduct 4 dB(A)
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C.
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In the event the background noise (ambient) level for
a given receiving land use exceeds the standards above, the following maximum
sound levels, measured using the criteria above, shall apply:
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(1)
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Any continuous sound which exceeds the ambient by 10 dB(A) or more.
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(2)
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Any impulsive sound which exceeds the ambient by 20 dB(A) or more, with
the above adjustment applied.
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D.
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The above table shall not apply to noise emanating from an industrial
operation, which noise shall be subject to the following limits:
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(1)
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Performance standards: all heavy industrial and light industrial uses
proposed to be established shall provide documentation of conformance with
the following standards as a minimum condition of permit issuance.
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(2)
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Noise:
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(a)
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Noise shall be measured with a sound level meter having an A-weighted
filter constructed in accordance with specifications of the American National
Standards Institute (ANSI). Measurements are to be made at any point as indicated
in Table II following.
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(b)
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Impact noise shall be assured using the fast response of the sound level
meter. Impact noises are intermittent sounds such as from a punch press or
drop forge hammer. Measurements are to be made at any point as indicated in
Table II.
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(c)
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Between the hours of 7:00 p.m. and 7:00 a.m. the permissible sound levels
in a residential district shall be reduced by five decibels for continuous
and by 10 decibels for impact noises.
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(d)
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The following sources of noise are exempt:
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[1]
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Transportation vehicles not under the control of the industrial use.
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[2]
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Occasionally used safety signals, warning devises, and emergency pressure
relief valves.
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[3]
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Temporary construction activity between 7:00 a.m. and 7:00 p.m.
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(e)
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The following table describes the maximum pressure level permitted for
industrial source measured in any adjacent nonindustrial district or industrial
district lot adjacent to the site.
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TABLE II
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Maximum Permitted Sound Levels, db(A)
(RE: 0.0002 Microbar)
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Sound Measured in
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Continuous Slow Meter Response
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Impact Fast Meter Response
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Decibels
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Residential
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50
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60
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Commercial
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60
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70
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Industrial district lot,
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70
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80
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to the noise source
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Any person alone or in concert who shall violate any provision of this
chapter shall be guilty of a violation and upon conviction thereof shall be
subject to a fine of not more than $250, or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.