Editor's Note: Ord. No. 893, § I, enacted 11-13-2001,
repealed former Ch. 13 1/2, enacted by Ord. No. 199, § 1,
9-12-1973, as amended.
[Ord. No. 839,
§ I, 11-13-2001; Ord. No. 1012, § I, 3-11-2008]
Wherever in this chapter the following terms are used, they
shall have the meanings respectively ascribed to them in this section
unless otherwise expressly provided, or unless a different meaning
is reasonably and clearly apparent from the language or context:
(a)
ACOUSTICAL TERMINOLOGY — Used throughout this chapter
is that most recently approved as American Standard Acoustical terminology
by the American National Standards Institute (ANSI).
(b)
AMBIENT SOUND LEVEL — Means the all-encompassing noise
level associated with a given environment, being a composite of sounds
from all sources, excluding the alleged offensive noise at the location
and approximate time at which a comparison with the alleged offensive
noise is made.
(c)
CONSTRUCTION — Means any site preparation, assembly, erection,
substantial repair, alteration, or similar action, but excluding demolition,
for or of public or private right-of-way structures, utilities, or
similar property.
(d)
dB(A) — Means the intensity of sound expressed in decibels
read from a calibrated sound level meter utilizing the A-level weighting
scale and the fast meter response, as specified by the American National
Standards Institute (ANSI). For enforcement purposes, a tolerance
of plus two decibels shall be applied to all measured sound levels
to provide for variances in equipment calibration, measurement site
characteristics and measurement techniques.
(e)
EMERGENCY — Means any occurrence or set of circumstances
involving actual or imminent physical trauma or property damage or
loss which demands immediate action.
(f)
EMERGENCY WORK — Means any work performed for the purpose
of preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency or which is otherwise necessary
to restore a property to a safe condition following a fire, accident,
or natural disaster, or which is required to protect persons or property
from exposure to danger, or which is required to restore public health.
(g)
MOTOR VEHICLE — Means any device or contrivance, propelled
or drawn by mechanical power and used in the transportation of passengers
or property, or any combination thereof.
(h)
NOISE — Means any sound which annoys or disturbs humans
or causes or tends to cause an adverse psychological effect on humans.
(i)
PERSON — Means any individual, association, partnership,
or corporation.
(j)
PROPERTY LINE — Means the line along the ground surface,
and its vertical extension, which separates the real property owned,
leased, or occupied by one person from that which is owned, leased,
or occupied by another person, and the imaginary line which represents
the legal limits of property of any person who owns, leases, or occupies
an apartment, condominium, hotel or motel room, office, or any other
type of occupancy.
(k)
PUBLIC RIGHT-OF-WAY — Means any street, avenue, boulevard,
highway, road, thoroughfare, sidewalk, alley, or other property which
is owned or controlled by a government entity.
(l)
RESIDENTIAL PROPERTY — Means any real property developed
and used for human habitation and which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation,
unless such premises are actually occupied and used primarily for
purposes other than human habitation.
(m)
SOUND NUISANCE — Means any sound which either exceeds the maximum permitted sound levels specified in § 13 1/2-2.4(a)(5) or, for the purpose of §§ 13 1/2-2.1 through 13 1/2-4, otherwise unreasonably disrupts, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City.
(n)
AMPLIFICATION DEVICE — The words "loud amplification device"
shall mean a radio, television, phonograph, stereo, record player,
tape player, cassette player, compact disc player, loud speaker, sound
amplifier or similar device which is operated in such a manner that
it creates unreasonable noise.
(o)
UNREASONABLE NOISE — The words "unreasonable noise" shall
mean any noise plainly audible at a distance of 100 feet and in the
case of an amplification device, the words "unreasonable noise" shall
mean any noise plainly audible at a distance of 100 feet.
[Ord. No. 893,
§ I, 11-13-2001]
(a)
No person shall make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound which either exceeds the maximum permitted sound levels specified in § 13 1/2-2.4(a)(5) or, for the purposes of §§ 13 1/2-2.1 through 13 1/2.4, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City.
(b)
The acts enumerated in the following sections of this chapter,
among others, are declared to be sound nuisances which unreasonably
disturb, injure, or endanger the comfort, repose, health, peace, or
safety of others within the limits of the City in violation of this
chapter, but such enumeration shall not be deemed exclusive.
[Ord. No. 893,
§ I, 11-13-2001]
No person shall play a radio, stereo system, TV, drum, or other
instrument, or similar devices, either carried or from a stationary
source or a vehicle, with such volume as to cause a sound nuisance.
[Ord. No. 893,
§ I, 11-13-2001; Ord. No. 1012, § II, 3-11-2008]
(a)
Use of vehicles. No person shall operate any automobile,
motorcycle, or any other motor vehicle including motorized water craft
and all-terrain vehicles, in such a manner as to cause a sound nuisance.
(b)
Exhaust discharge. No person shall discharge into
the open air the exhaust of any steam engine, stationary internal
combustion engine, motor vehicle, or motorboat engine, except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom; provided, however, that the flying of controlled
model airplanes, sailing of model boats, or racing of model automobiles,
having internal combustion engines not to exceed 35/100 cubic inch
piston displacement, when used in the pursuit of a recreation hobby
and at such locations as are under the jurisdiction or control of
the Parks and Recreation Commission of the City and only at such times
as may be designated by the Parks Department is not deemed to be within
the provisions of this subsection.
(c)
Unreasonable safety devices. No person shall use,
maintain, install, or keep any device whose purpose it is to protect
a vehicle from damage and/or theft through the mechanical creation
of a noise of sufficient magnitude to be plainly audible at a distance
of 200 feet from such device which does not automatically terminate
any such noise within five minutes.
(d)
Horns or signaling devices. No person shall sound
or blow any horn or signaling device on any automobile, truck, bus,
motorcycle, or other vehicle while not in motion, except as a danger
signal if another vehicle is approaching, apparently out of control;
no person shall do so from any such vehicle in motion except as a
danger signal after or as brakes are being applied and deceleration
of the vehicle is intended; no person shall create by means of any
such signaling device any unreasonably loud or harsh sound; no person
shall sound such a device for any unnecessary and unreasonable time.
(e)
Loud speakers or amplifiers on vehicles. No person shall use mechanical loud-speakers or amplifiers on automobiles, trucks, buses, or other moving or standing vehicles for advertising or other purposes, except as allowed with a permit as outlined in § 13 1/2-4.
(f)
Motor vehicles, other than motorcycles, with a
maximum gross weight of 10,000 pounds or less. No person shall cause
or permit any motor vehicle, other than a motorcycle with a maximum
gross weight of 10,000 pounds or less to operate on a public right-of-way
or unaccepted street where the muffler or exhaust generates a sound
that is plainly audible to another individual at a distance of 150
feet or more from the motor vehicle.
(g)
Motorcycles. No person shall cause or permit any
motorcycle to operate on a public right-of-way or unaccepted street
where the muffler or exhaust generates a sound that is plainly audible
to another individual at a distance of 200 feet or more from the motorcycle.
(h)
Motor vehicles with a maximum gross weight greater
than 10,000 pounds. No person shall cause or permit any motor vehicle
with a maximum gross weight greater than 10,000 pounds to operate
on a public right-of-way or unaccepted street where the muffler or
exhaust generates a sound that is plainly audible to another individual
at a distance of 200 feet or more from the motor vehicle, except when
compression brake systems are used in an emergency to stop the vehicle.
[Ord. No. 893,
§ I, 11-13-2001]
No person shall keep any animal which makes frequent or continual
sound in such a manner as to cause a sound nuisance.
[Ord. No. 893,
§ 1, 11-13-2001; Ord. No. 1012, § III, 3-11-2008]
(a)
No person shall carry on the following activities
in any residentially zoned area of the City or within 300 feet of
any residentially occupied structure in any zone of the City:
(1)
Operation of a refuse collector between the hours
of 9:00 p.m. and 7:00 a.m.
(2)
Operation of construction or maintenance machinery
between the hours of 9:00 p.m. and 7:00 a.m.
(3)
Operation of garage machinery between the hours
of 9:00 p.m. and 7:00 a.m.
(4)
Operation of lawn mowers, leaf blowers, hedge trimmers,
or other such mechanized domestic tools out-of-doors between 9:00
p.m. and 7:00 a.m.
(5)
Production of mechanical or electronic noise which
registers in excess of 50 dB(A) between the hours of 11:00 p.m. and
7:00 a.m., or in excess of 70 dB(A) at all other hours at the nearest
complainant's property line.
(b)
This section does not apply to emergency operations
designed to protect the public health and safety; nor does it apply
to the operation of snow blowers.
[Ord. No. 893,
§ I, 11-13-2001; Ord. No. 1012, § IV, 3-11-2008]
For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this chapter, the following test measurement and requirements may be applied; provided, however, that a violation of § 13 1/2-2, and its subsections, may occur without the following measurements being made:
(a)
This noise shall be measured on a general-purpose sound level
meter complying with the provisions of the latest ANSI Standard for
Type 2 meters operated on the "A" weighting scale.
(b)
If the noise source is located on private property or public
property, the noise shall be measured at the property line of the
property on which the noise source is located.
(c)
In the absence of an applicable noise measuring device any noise
plainly audible in a residential zone at a distance of 100 feet or,
in the case of loud amplification devices of similar equipment, noise
plainly audible at a distance of 100 feet from its source by a person
of normal hearing.
[Ord. No. 893,
§ I, 11-13-2001]
Applications for a permit for relief from the noise level designated
in this chapter on the basis of undue hardship shall be made to the
Building Inspector. Any permit granted by the Building Inspector hereunder
shall contain all conditions upon which said permit has been granted
and shall specify a reasonable time not to exceed six months. Additional
six-month renewals of said permit may be granted by the Building Inspector.
The Building Inspector may issue said permit or any renewal thereof
if it is found:
(a)
That additional time is necessary for the applicant to alter
or modify his activity or operation to comply with this chapter; or
(b)
The activity, operation or noise source will be of temporary
duration, and cannot be done in a manner that would comply with this
chapter; and
(c)
That no other reasonable alternative is available to the applicant;
and
(d)
The Building Inspector may prescribe any conditions or requirements
deemed necessary to minimize adverse effects upon the community or
the surrounding neighborhood.
[Ord. No. 893,
§ I, 11-13-2001]
The provisions of this chapter do not apply to warning devices
such as horns or sirens of emergency vehicles; or to emergency equipment
and vehicles such as fire engines, ambulances, police vans, and rescue
vans, when responding to emergency calls; or to snow plows when in
operation.
[Ord. No. 893,
§ I, 11-13-2001]
The provisions of this chapter do not apply to those activities
of a temporary duration permitted by law and for which a license or
permit therefor has been granted by the City, including but not limited
to parades and fireworks displays.
[Ord. No. 893,
§ I, 11-13-2001]
[Ord. No. 893,
§ I, 11-13-2001]
Should any section of this chapter be declared by the courts
to be unconstitutional or invalid, it is the intention that such decision
shall not affect the validity of the chapter as a whole, or any part
thereof other than the part so declared to be unconstitutional or
invalid.
