[HISTORY: Adopted by the City Council of the City of Port
Republic 10-10-1989 by Ord. No. 109-1989 (Ch. 59 of the 1982 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Noise by dogs — See § 76-9.
The making of excessive sound is a serious hazard to the public
health, welfare, safety and the quality of life; and a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and the people have a right to and should
be ensured an environment free from excessive sound. It is, therefore,
the policy of the City of Port Republic to prevent excessive sound
that may jeopardize the health, welfare or safety of the citizens
or degrade the quality of life.
For the purpose of this chapter, the following premises are
owner-occupied:
No person shall cause, suffer, allow or permit the operation
of any source of sound on a particular category of property or on
any public space or right-of-way in such a manner to create a sound
level that exceeds the particular sound-level limits set forth in
Table I, as follows, when measured at or within the real property
line of the receiving property.
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Table I
Maximum Permissible Sound Levels by Receiving Property
Category [dB(A)]
| |
|---|---|
|
Receiving Property Category
| |
|
Sound Source Property Category
|
Residential and Commercial 10:00 p.m. to 7:00 a.m.
[dB(A)]
|
|
Residential
|
50
|
|
Commercial or public spaces or rights-of-way
|
50
|
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but such enumeration
shall not be deemed to be exclusive, namely:
A.
Sound reproduction systems. Operating, playing or permitting the
operation or playing of any radio, television, stereo or similar device
that reproduces or amplifies sound in such a manner as to create a
noise disturbance for any person other than the operator of the device.
After 10:00 p.m., and before 7:00 a.m. the following day, noise plainly
audible at a distance of 50 feet from the structure or vehicle in
which it is located shall be prima facie evidence of a violation of
this section.
B.
Animals. Owning, possessing or harboring any pet animal that frequently
or for continued duration makes sounds that create a noise disturbance
across a residential real property line [for the purpose of this section,
a "noise disturbance from a barking dog" shall be defined as that
created by a dog barking continually for 10 minutes or intermittently
for 30 minutes between the hours of 10:00 p.m. and 7:00 a.m. the following
day].
C.
Horns and emergency sirens. The sounding of any horn in any motor
vehicle, except as a warning of danger, and the permitting of an emergency
siren from a home or motor vehicle to continue for a period in excess
of 15 minutes between the hours of 10:00 p.m. and 7:00 a.m. the following
day.
D.
Construction and demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 10:00 p.m. and
7:00 a.m. the following day.
E.
Loading and unloading. Loading, unloading from structures or motor
vehicles, opening, closing or other handling of boxes, crates, containers,
building materials, garbage cans or similar objects between the hours
of 10:00 p.m. and 7:00 a.m. the following day in such a manner as
to cause a noise disturbance across a residential real property boundary.
The provisions of this chapter shall not apply to:
Should any necessary excessive or unusually loud and offensive
noise be such that, due to its nature, its intermittency or unusual
circumstance, it shall not be capable of being measured by a sound
meter as above, such noise shall nevertheless be deemed a violation
of this section.
Any person found guilty of a violation of any provision of this
chapter shall, upon conviction thereof, pay a fine not exceeding $1,000
or serve 30 days' imprisonment.
