§ 4.50.080. Sound levels by receiving land use.

8.1 Maximum Permissible Sound Levels by Receiving Land Use. It is unlawful for any person to operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 as follows, unless otherwise provided in this chapter, when measured at or within the property boundary of the receiving land use; provided, however, that no measurement of sound levels shall be made less than fifteen (15) meters (fifty (50) feet), or equivalent (Section 4.50.110, Noise measurement procedures), from such source of sound.

Table 1
Sound Levels by Receiving Land Use

Sound Emitting Land-Use Category	Sound Receiving Land-Use Category	Sound Level Time of Day	Sound Level Limit, dBA Leq(1)
Residential	Residential	Daytime	55
		Nighttime	45
Business/Commercial	Residential	Daytime	60
		Nighttime	50
Industrial	Residential	Daytime	65
		Nighttime	55
Residential	Business/Commercial	Anytime	60
Business/Commercial	Business/Commercial	Anytime	65
Industrial	Business/Commercial	Anytime	65
Industrial	Industrial	Anytime	75

 

8.2 Correction for Character of Sound. For any source of sound which emits a pure tone or impulsive sound, the L eq (1) sound level limits set forth in subsection (8.1) of this section, shall be reduced by five dBA for any pure tone or impulsive sound. Special instrumentation and measurement techniques are required if a pure tone or impulsive sound is less than five dBA above the background noise level.

8.3 Exemptions. The provisions of this section shall not apply to:

(a)

Any of the subsections in Section 4.50.060, except as noted in Section 4.50.060;

(b)

Interstate railway locomotives and cars;

(c)

Undeveloped land, farm land and nonstationary farming equipment and all normal agricultural activities; and

(d)

Notwithstanding Table 1 above, an electric utility generation facility, as defined in Chapter 15.03 of the Council Bluffs Municipal Code, may generate a decibel reading not to exceed sixty-five (65) dBA at any time (day or night) to a receiving land use that is residential. The level of sound for an electric utility generation facility shall be measured by using an L90 measurement technique, and for a one-hour average. Sound from sources other than the electric utility generation facility, including, but not limited to, streets, highways, seasonal insects and other uses, shall not be counted against the ordinance limits.

(Ord. 5966 § 1, 2008).

(Ord. No. 6363, § 1, 10-22-2018).