§ 34-156. Presumption of compliance; existing uses.  


Latest version.
  • (a)

    Notwithstanding any other provision in this article, a noise at a level of 52 dB(A) or less measured at any residence, office, hotel, hospital, school, church, or court shall create a conclusive presumption on behalf of the alleged violator of this article that the noise at issue does not violate this article.

    (b)

    Any existing use of property that meets the requirements of subsection (a) of this section at the time of its initial operation shall not be found to be in violation of this article based upon measurements of noise levels at any residence, office, hotel, hospital, school, church, or court constructed after the initial operation of such existing use.

(Ord. No. 421, § 5, 5-27-2003)