6.18.080 Immediate Threats to Health and Welfare.
(A) The director of Development Services shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to subparagraph (b) following, to continuous sound levels or to impulsive sound levels in excess of those shown in the tables of subparagraph (e) following. Within 10 days following issuance of such an order, the municipal counsel shall apply to the appropriate court for an injunction to replace the order.
(B) No order pursuant to subparagraph (a) preceding shall be issued if the only persons exposed to sound levels in excess of those listed in subsection (e) following are exposed as a result of
(1) trespass:
(2) invitation upon private property by the person causing or permitting the sound; or
(3) employment by the person or a contractor of the person causing or permitting the sound. (Employee exposure at their work place are exempted because employee sound exposure levels are regulated under the Occupational Safety and Health Act.)
(C) Any person subject to an order issued pursuant to subparagraph (a) preceding shall comply with such order until:
(1) the sound is brought into compliance with the order, as determined by the director of Development Services; and
(2) a judicial order has superseded the director of Development Services order.
(D) Any person who violates an order issued pursuant to this section shall, for each day of violation, be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00.)
(E) The tables following list the sound level limits which could pose an immediate threat to public health and welfare, as measured at any point that is normally occupied by a person:
|
Sound Levels Limit, Leq |
Duration |
|---|---|
|
90 |
24 Hours |
|
93 |
12 Hours |
|
96 |
6 Hours |
|
99 |
3 Hours |
|
102 |
1.5 Hours |
|
105 |
45 Minutes |
|
108 |
22 Minutes |
|
Sound Level Limit (dba) (As measured using “impulse” meter time response) |
Number of Repetitions per 24 hour period |
|---|---|
|
145 |
1 |
|
135 |
10 |
|
125 |
100 |
(Ord. 00-89 § 7, 2000; Ord. 85-13 § 1, 1985.)