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A. Maximum Permissible Environmental Noise Levels. No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth in this section, with the point of measurement being at the property boundary of the receiving property or anywhere within. The noise limitations established are as set forth in the following table after any applicable adjustments provided for in this chapter are applied:

Table I. Maximum Permissible Environmental Noise Levels

EDNA of Noise Source

EDNA of Receiving Property

Class A

Class B

Class C

Class A

55 dBA

57 dBA

60 dBA

Class B

57

60

65

Class C

60

65

70

B. Deviations. The following deviations from the maximum permissible noise levels are permitted:

1. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs;

2. At any hour of the day or night the applicable noise limitations in Table I and the nighttime restrictions above may be exceeded for any receiving property by no more than:

a. Five dBA for a total of 15 minutes in any one-hour period; or

b. Ten dBA for a total of five minutes in any one-hour period; or

c. Fifteen dBA for a total of one and one-half minutes in any one-hour period.

C. Exemptions. The following shall be exempt from the provisions of subsection (A) of this section between the hours of 7:00 a.m. and 10:00 p.m.:

1. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances;

2. Sounds created by the discharge of firearms on authorized shooting ranges;

3. Sounds created by aircraft engine testing and maintenance not related to flight operation; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;

4. Sounds created by the installation or repair of essential utility services;

5. Sounds created by blasting.

D. Nighttime Exemption. The following shall be exempt from the provisions of subsection (B)(1) of this section:

1. Noise from electrical substations and existing, stationary equipment used in the conveyance of water by a utility.

2. Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours or activity, which would affect exemptions under this regulation, require approval of the development and business services director.

E. Exemptions Other than Residential. The following shall be exempt from the provisions of subsection (A) of this section, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m.:

1. Sounds originating from temporary construction sites as a result of construction activity;

2. Sounds originating from forest harvesting and silvicultural activity.

F. Other Exemptions. The following shall be exempt from all provisions of subsection (A) of this section:

1. Sounds created by motor vehicles being operated on a public highway when regulated by LMC 10.12.600;

2. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;

3. Sounds created by surface carriers engaged in interstate commerce by railroad;

4. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons;

5. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;

6. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety, or welfare of the community;

7. Sounds originating from motor vehicle racing events at existing, authorized facilities;

8. Sounds originating from officially sanctioned parades and other public events;

9. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible;

10. Sounds created by watercraft;

11. Sounds created by the discharge of firearms in the course of hunting;

12. Sounds caused by natural phenomena and unamplified human voices;

13. Sounds caused by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs.

G. Proviso. Nothing in these exemptions is intended to preclude the development and business services director from requiring installation of the best available noise abatement technology consistent with economic feasibility.

H. For any source of sound which is periodic or impulsive and which is not measured with a sound level meter capable of accurately measuring impulsive sound, the levels established by this section shall be reduced by five dBA. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2957 § 31, 2012; Ord. 1386 § 3, 1983; Ord. 1275 § 1, 1982)