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Home My WebLink AboutORDINANCE NO. 07-04-27COUNTY OF FULTON STATE OF GEORGIA ORDINANCE NO. 07-04-27 AN ORDINANCE ESTABLISHING NOISE CONTROL WITHIN THE CITY OF MILTON. GEORGIA. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on the 19th day of April, 2007 as follows: Section 1. Declaration of policy. It is hereby declared to be the policy of the city of Milton to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. Section 2. Definitions. 40M As used in this chapter, the following terms shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with American National Standards Institute's Specifications. 0 A. "dB(A)" means the sound level measured in decibels, using the "A" weighting network on a sound level meter. B. "District" means the land use zone to which the provisions of this chapter are applied. For the purposes of this chapter: 1. "Residential district" includes all "R" classified, AG -1, A, AL, CUP, NUP, and TR zoning districts. 2. "Commercial districts" include C-1, C-2, M-1, MIX and O -I zoning districts. C. "Emergency work" means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from an immediate exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility services. D. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. Pagel of 5 E. "Noise control administrator" means the person designated by the City Manager to enforce the provisions of this chapter. In addition to the noise control administrator, any police officer or code enforcement officer may enforce the provisions of this chapter. F. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. G. "Property boundary" means the surveyed line at ground surface which separates the real property owned, rented or leased by one or more persons from that owned, rented or leased by another or others, and its vertical extension. H. "Receiving property" means the real property within which sound originating from outside the property is received. I. "Sound level meter" means a sound level measuring device either type I or type II certified special use meters as defined by American National Standards Institute's Specifications. Section 3: Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound level established in this chapter. Section 4: Maximum permissible sound levels. The maximum permissible sound level as measured at the property line or anywhere within the receiving property shall be as set forth in the following table: District of Sound Source District of Received Sound Page 2 of 5 Residential Commercial Residential 65dB(A) 70 Commercial 65 70 Page 2 of 5 Section 5: Modification to maximum permissible sound levels. The maximum permissible sound levels established by this chapter shall be reduced or `"' increased by the sum of the following: A. Between the hours of 10:00 p.m. and 7:30 a.m. the noise levels shall be reduced by 5 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. Between the hours of 7:30 a.m. and 10:00 p.m., the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in any one hour period, or 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period. D Section 6: Exemptions. The following sounds are exempt from the provisions of Section 5 of this chapter at all times: A. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. B. Sounds created by church bells, chimes or carillons not operating for more than five minutes in any one hour. C. Sounds originating from aircraft and watercraft. D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. E. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. F. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. G. Sounds originating from officially sanctioned parades and other city -sponsored events to which the general public is solicited to attend without charge. H. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as defined in Section 9. Page 3 of 5 Section 7: Sounds exempt during daytime hours. A. The following sounds are exempt from the provisions of this chapter between the hours of 7:30 a.m. to 10:00 p.m.: 1. Sounds originating from residential property relating to homeowner -sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to lawn mowers, saws, hammering and gardening. This exemption applies to the construction such incidental appurtenances for existing homes as fences, decks, patios, carports, swimming pools, ponds, walkways and private kennels. 2. Sounds created by blasting. 3. Sounds created by the installation or repair of essential utility services or public road projects. B. Sounds originating from construction sites under permit as a result of construction activity or commercial lawn maintenance are exempt from the provisions of this chapter, but only during the hours of 7:30 a.m. to 7:30 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. C. There shall be no construction generated sounds allowed on Sundays and federal holidays. D. Sounds emanating from a league, school or church -sponsored sporting or recreational event shall be exempt so long as they do not exceed 70dB(A). Section 8: Variances. A. Variances may be granted to any person from any requirement of this Ordinance if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of nonavailability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. Section 9: Public disturbance noises. It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or code enforcement officer. Page 4 of 5 Section 10: Penalties. Any person found guilty of violating any provision of this Ordinance shall be punished in a manner consistent with Chapter 1, General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances. Violations of a continuing nature, each day during which it occurs, shall constitute an additional, separate and distinct offense. Section 11: Severability. If any word, phrase or other portion of this chapter is for any reason held invalid, the remaining portions of this chapter shall not be affected. ORDAINED this 19th day of April, 2007 Joe Lockw or Attest: YL'Q-�(� tte R. Marchiafava, City Clerk (Seal) Page 5 of 5