All terminology used in this chapter, not defined
in this section, shall be in conformity with applicable publications
of the American National Standards Institute (ANSI) or its successor
body. In addition, as used in this chapter:
A-WEIGHTED SOUND LEVEL
The sound pressure level, in decibels, as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
COMMERCIAL AREA
Any B-1, B-2, B-3, O-1, P-1, F-S or PT-1 District, as designated
in the Zoning Code.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition for or of public
or private rights-of-way, structures, utilities or similar properties.
DECIBEL (dB)
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar properties.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
GROSS VEHICLE WEIGHT
The weight equal to the weight of a vehicle without load,
plus the weight of its maximum load carrying capacity, as rated by
the manufacturer.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Sources of impulsive sound include,
but are not limited to, explosions, drop forge impacts, bird controlling
devices (clackers) and the discharge of firearms.
INDUSTRIAL AREA
Any M-1, M-2 or CM-1 District, as designated in the Zoning
Code.
LOAD-CARRYING CAPACITY
The maximum weight which may be carried by a truck as disclosed
by the manufacturer's rating.
MOTOR VEHICLE
Every self-propelled device in, upon or by which any person
or property is or may be transported or drawn upon land, including,
but not limited to, automobiles, motorcycles, scooters and trucks.
MOTORCYCLE
Every motor vehicle having a saddle or seat for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological effect on humans.
NOISE CONTROL OFFICER
The Police Department which has the primary responsibility
for the enforcement of this chapter.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health
of humans or animals, which annoys or disturbs a reasonable person
of normal sensitivity or endangers or injures personal or real property.
NOISE-SENSITIVE ZONE
Any area where a school, hospital, house, workshop, day-care
center, nursing home, public library, senior citizen center, residence
or court is located, and includes an area of potential noise disturbance.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structure thereon which is owned or
controlled by a governmental entity.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or as a set of single pitches.
REAL PROPERTY
An imaginary line along the ground surface and its vertical
extension, which line separates the real property owned by one person
from that owned by another person, but not including intra-building
real property divisions.
RESIDENTIAL AREA
Any RA-1, RA-2, RA-3, R-B, RC or RC-1 District, as designated
in the Zoning Code.
RMS SOUND PRESSURE
The square root of the time averaged square of the sound
pressure, denoted "Prms."
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of such sound includes duration, intensity and frequency.
SOUND LEVEL
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971 or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals.
The sound pressure level is denoted "Lp" or "SPL" and is expressed
in decibels.
WEEKDAY
Any day, Monday through Friday, which is not a legal holiday.
No person shall operate or permit to be operated
any railroad locomotive, cars or other rolling stock or equipment
so as to cause a violation of the allowable sound levels adopted by
the United States Environmental Protection Agency.
[Amended 7-15-1998 by Ord. No. 371; 5-1-2002 by Ord. No.
407]
No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unnecessary noise (noise
disturbance). Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way shall be exempt
from the operation of this section. The following acts, and the causing
thereof, are hereby declared to be in violation of this chapter.
A. Sound reproduction systems.
(1) Operating or playing, or permitting operation or playing,
of any radio, television, phonograph or similar device which reproduces
or amplifies sound:
(a)
In such a manner as to create a noise disturbance
at 50 feet (15 meters) from such device, when operated in or on residential
property or a motor vehicle on a public right-of-way or public space;
or
(b)
In such a manner as to be available to every
person other than the operator of the device.
(2) This subsection shall not apply to noncommercial spoken
language covered under Subsection
C hereof.
B. Loudspeakers; public address systems.
(1) Using or operating, for any noncommercial purpose,
any loudspeaker, public address system or similar device between 10:00
p.m. and 8:00 a.m. of the following day, such that the sound therefrom
creates a noise disturbance across a residential real property boundary.
(2) Using or operating, for any commercial purpose, any
loudspeaker, public address system or similar device.
C. Street sales. Offering for sale or selling anything
by shouting or outcry within any residential or commercial area of
the city.
D. Animals and birds. Owning, possessing or harboring
any animal or bird which, frequently or for continued duration, makes
sounds which create a noise disturbance across a residential real
property boundary.
E. Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials
or similar objects between 10:00 p.m. and 7:00 a.m. of the following
day in such a manner as to cause a noise disturbance across a residential
property boundary or within a noise-sensitive zone, subject to §
144-4.
F. Motor vehicle repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle, motorcycle or motorboat in
such a manner as to cause a noise disturbance across a residential
real property boundary.
G. Airports, aircraft operations and heliports.
(1) The Noise Control Officer shall consult with the airport
proprietor to recommend changes in airport operations to minimize
any noise disturbance which the airport owner may have the authority
to control in his or her capacity as proprietor.
(2) Nothing in this subsection shall be construed to prohibit,
restrict, penalize, enjoin or in any manner regulate the movement
of aircraft which are, in all respects, conducted in accordance with
or pursuant to applicable federal laws or regulations.
H. Construction. Operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work between 6:00 p.m. and 7:00 a.m. of the following day or weekdays,
or weekends, such that the sound therefrom creates a noise disturbance
across a residential real property boundary or within a noise-sensitive
zone, except for emergency work of public service utilities or by
a special variance issued pursuant to §
144-8B.
I. Place of public entertainment. Operating or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound in any place of public entertainment
so as to produce a maximum sound level of 50 dBA on a residential
real property boundary pursuant to §
144-4.
J. Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas between 8:00 p.m. and 8:00 a.m. of the following
day so as to cause a noise disturbance across a residential real property
boundary.
K. Burglar alarms. Sounding or permitting the sounding
of any exterior burglar alarm on any building or motor vehicle unless
such burglar alarm terminates its operation within 15 minutes of its
being activated. Any vehicle upon which a burglar alarm has been installed
shall prominently display the telephone number at which communication
may be made with the owner of such motor vehicle.
L. Refuse compacting vehicles. Operating or permitting
the operation of any refuse compacting motor vehicle between 6:00
p.m. and 6:00 a.m. of the following day in residential areas.
M. Air-conditioning and air-handling devices. The operation
of air-conditioning or air-handling devices that exceed, in residential
areas, continuous sound levels measured at the property line of 55
dBA. This subsection shall not apply if the sound from the air conditioner
or air-handling device produces less than a five dBA increase in the
sound level that exists in the absence of such sound.
N. Loud and raucous parties. Making, allowing, causing
or permitting any unnecessary and unreasonable noise or raucous activity
in a residence which disturbs the peace, tranquillity and good order
of the community.
A violation of any provision of this article
shall be a municipal civil infraction, punishable as provided in Chapter
1, General Provisions, Article
II.