[HISTORY: Adopted by the City Council of
the City of Rockwood as Ch. 658 of the 1989 Codified Ordinances. Amendments
noted where applicable.]
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:
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.
Any B-1, B-2, B-3, O-1, P-1, F-S or PT-1 District, as designated
in the Zoning Code.[1]
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.
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.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar properties.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
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.
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.
Any M-1, M-2 or CM-1 District, as designated in the Zoning
Code.
The maximum weight which may be carried by a truck as disclosed
by the manufacturer's rating.
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.
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.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological effect on humans.
The Police Department which has the primary responsibility
for the enforcement of this chapter.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structure thereon which is owned or
controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or as a set of single pitches.
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.
Any RA-1, RA-2, RA-3, R-B, RC or RC-1 District, as designated
in the Zoning Code.
The square root of the time averaged square of the sound
pressure, denoted "Prms."
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.
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.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
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.
Any day, Monday through Friday, which is not a legal holiday.
[1]
Editor's Note: The Zoning Code is on file
in the office of the City Clerk.
A.Â
The noise control program established by this chapter
shall be administered by the Police Department which will have the
overall responsibility to coordinate, implement and enforce this chapter.
B.Â
In order to implement and enforce this chapter, and
for the general purpose of sound abatement and control, the Noise
Control Officer shall have, in addition to any other power vested
in him or her, the power to:
(1)Â
Conduct, or cause to be conducted, research, monitoring
and other studies relating to sound;
(2)Â
Conduct programs to educate the public in connection
with noise control and this chapter;
(3)Â
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable;
(4)Â
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control;
(5)Â
Review public and private projects, subject to mandatory
review or approval by other departments, for compliance with this
chapter, if such projects are likely to cause sound in violation of
this chapter;
(6)Â
Based on a suspicion of a violation of this chapter
or a complaint, and upon presentation of proper credentials, enter
and inspect any private property or place, and inspect any report
or records, at any reasonable time when granted permission by the
owner or by some other person with apparent authority to act for the
owner. When permission is refused or cannot be obtained, a search
warrant may be obtained from a court of competent jurisdiction upon
a showing of probable cause to believe that a violation of this chapter
exists. Such inspection may include administration of any necessary
tests. If the interests of the City require, the Noise Control Officer
may designate some other qualified person to conduct such inspection.
(7)Â
Stop any motor vehicle or motorcycle operated on a
public right-of-way or public space, which motor vehicle or motorcycle
is reasonably suspected of violating any of the provisions of this
chapter, and issue a notice of violation or abatement order which
may require the motor vehicle or motorcycle to be inspected or tested
as the Noise Control Officer may reasonably require; and
(8)Â
Require the owner or operator of any commercial or
industrial activity to measure the sound level from any source in
accordance with the methods and procedures and at such locations and
times as the Noise Control Officer may reasonably prescribe, and to
furnish reports of the results of such measurement to the Noise Control
Officer. The Noise Control Officer may require the measurement to
be conducted in the presence of its enforcement officials. If a property
owner or operator refuses to comply with this subsection, the sound
measurements may be made pursuant to Subsection B(6) hereof.[1]
[1]
Editor's Note: Former Subsection C, which
governed the training of the Noise Control Officer, was repealed 10-17-2007
by Ord. No. 436.
A.Â
All departments and agencies of the City shall, to
the fullest extent consistent with other law, carry out their programs
in such a manner as to further the policy of this chapter, and shall
cooperate with the Noise Control Officer in the implementation and
enforcement of this chapter.
B.Â
All departments charged with new projects or changes
to existing projects that result or may result in the production of
sound shall consult with the Noise Control Officer prior to the approval
of such projects.
C.Â
In case of motor vehicle enforcement, the Police Department
shall be the primary enforcement agency.
A.Â
No person shall operate or cause to be operated any
source of sound in such a manner as to create a sound level which
exceeds the limits set forth in the following table:
|
Maximum Permissible Sound Levels
by Receiving Land Use Category
| ||||
|---|---|---|---|---|
|
Receiving Land Use Category
| ||||
|
Sound Source Land Use Category
|
Residential
|
Commercial
|
Industrial
| |
|
Residential
| ||||
|
7:00 a.m. – 10:00 p.m.
|
55
|
65
|
75
| |
|
10:00 p.m. – 7:00 a.m.
|
50
| |||
|
Commercial
| ||||
|
7:00 p.m. –10:00 p.m.
|
65
|
65
|
65
| |
|
10:00 p.m. – 7:00 a.m.
|
50
| |||
|
Industrial
| ||||
|
7:00 a.m. – 10:00 p.m.
|
65
|
75
|
75
| |
|
10:00 p.m – 7:00 a.m.
|
50
| |||
B.Â
The following are exempt from Subsection A hereof:
(1)Â
Domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m.
to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and
holidays;
(2)Â
Noise from church bells and church chimes; and
(3)Â
Noise from construction activity, except as provided
in this chapter.
A.Â
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the level set forth in the following table:
|
Motor Vehicle and Motorcycle Sound Limits
(measured at 50 feet or 15 meters)
| |||||
|---|---|---|---|---|---|
|
Vehicle Class
|
Sound Level in dBA
| ||||
|
New Vehicles
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Run-Up
| ||
|
Motor vehicles with a gross vehicle weight of
8,500 pounds or over
|
83
|
86
|
90
|
88 at 50 feet
| |
|
Motorcycles
|
83
|
82
|
86
|
95 at 75 inches
| |
|
Motor vehicles with a gross vehicle weight of
less than 8,500 pounds
|
80
|
76
|
82
|
95 at 20 inches
| |
B.Â
Adequate mufflers or sound-dissipative devices.
(1)Â
No person shall operate or cause to be operated any
motor vehicle or motorcycle not equipped with the original muffler
or an equivalent replacement in good working order and in constant
operation.
(2)Â
No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement, any muffler or sound-dissipative
device on a motor vehicle or motorcycle.
C.Â
Horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this chapter:
(1)Â
The sounding of any horn or other auditory signaling
device in or on any motor vehicle or motorcycle on any public right-of-way
or public space, except as a warning of danger; and
(2)Â
The sounding of any horn or other auditory signaling
device which produces a sound level in excess of 100 dBA at 25 feet.
D.Â
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for longer than three minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion,
on a public right-of-way or public space within 150 feet (46 meters)
of a residential area or designated noise-sensitive zone, between
8:00 p.m. and 8:00 a.m. of the following day.
E.Â
Recreational vehicles.
(1)Â
Except as permitted in Subsection E(2) hereof, no
person shall operate or cause to be operated any recreational motorized
vehicle off a public right-of-way in such a manner that the sound
level emitted therefrom exceeds the limits set forth in the following
table at a distance of 50 feet (15 meters) or more from the path of
the vehicle when operated on a public space or at or across the boundary
of private property when operated on private property. This section
shall apply to all recreational motorized vehicles whether or not
duly licensed and registered.
|
Recreational Motorized Vehicle Sound Limits
(measured at 50 feet or 15 meters)
| |||
|---|---|---|---|
|
Vehicle Type
|
Sound Level
(dBA)
| ||
|
Motorcycle
| |||
|
Manufactured before 1975
|
86
| ||
|
Manufactured after 1975
|
84
| ||
|
Any other vehicle
| |||
|
Manufactured before 1975
|
84
| ||
|
Manufactured after 1975
|
80
| ||
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.Â
Sound reproduction systems.
(1)Â
Operating or playing, or permitting operation or playing,
of any radio, television, phonograph or similar device which reproduces
or amplifies sound:
B.Â
Loudspeakers; public address systems.
(1)Â
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)Â
Using or operating, for any commercial purpose, any
loudspeaker, public address system or similar device.
C.Â
Street sales. Offering for sale or selling anything
by shouting or outcry within any residential or commercial area of
the city.
D.Â
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.Â
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.Â
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.Â
Airports, aircraft operations and heliports.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
C.Â
The Noise Control Officer shall establish regulations
governing exceptions, variances and appeals. Such regulations shall
be subject to the approval of Council prior to the promulgation thereof.
D.Â
The Noise Control Officer shall not enforce any noise
regulations within the jurisdiction of the Occupational Safety and
Health Act.
A.Â
Abatement orders.
(1)Â
Except as provided in Subsection A(2) hereof, in lieu
of issuing a notice of violation as provided in Subsection B hereof,
the Noise Control Officer responsible for enforcement may issue an
order requiring abatement of any source of sound alleged to be in
violation of this chapter within a reasonable time period and according
to guidelines which the Noise Control Officer may prescribe.
B.Â
Notice of violations. A violation of any provision
of this chapter shall be cause for a notice of violation to be issued
by the Noise Control Officer.
