This chapter shall be known as the "Noise Control Ordinance
for the City."
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
AMBIENT SOUND
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
DECIBEL
A unit for describing the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the referenced pressure, which is 20 micronewtons
per square meter.
EMERGENCY WORK
Work performed for the purpose of preventing or alleviating
physical trauma or property damage threatened or caused by an existing
or imminent peril.
NOISE
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals, or noise that disturbs a reasonable person of normal sensitivities, or endangers, injures or seriously interferes with the quiet enjoyment or reasonable use or real or personal property, or exceeds the limits set out in §
112-6.
PERSON
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any similar entity.
SOUND LEVEL
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting networks such as A, B
or C as specified in ANSI specifications for sound level meters. If
frequency weighting employed is not indicated, the A-weighing shall
apply.
SOUND LEVEL METER
An instrument including a microphone, amp, output meter and
frequency waiting networks for the measurement of noise and sound
levels in a specified matter.
None of the terms of prohibitions of this chapter shall apply
to or be enforced against:
A. All safety signals and warning devices (for example, intrusion alarms,
backup alarms on trucks); authorized vehicles when responding to emergencies
(for example, police, fire and ambulance); or any other device used
to alert persons to an emergency or used during the conduct of emergency
work.
B. The provision, repair and maintenance of municipal services or public
utilities.
C. Bells, chimes or carillons used in conjunction with religious purposes,
national celebrations or public holidays.
D. Excavations or repairs on bridges, streets or highways by or on behalf
of the City, county or state during the night when the public welfare
and convenience renders it impossible to perform such work during
the day.
E. Musical, recreational and athletic events conducted by schools, local
government and nonprofit entities.
F. Construction operations from 7:00 a.m. to 6:00 p.m. on weekdays for
which building permits have been issued or construction operations
not requiring permits due to ownership of the project by an agency
of government, providing all equipment is operated in accordance with
manufacturers' specifications and with all standard equipment,
manufactures' mufflers and noise-reducing equipment in use and
in properly operating conditions.
G. Lawn mowers and agricultural equipment used between 7:00 a.m. and
9:00 p.m. when operated with all the manufacturers' standard
mufflers and noise-reducing equipment in use and in properly operating
condition.
H. Activities permitted by permit, as provided herein, according to
the terms and conditions of said permit.
The provisions of this chapter shall be enforced in the same
manner as other violations of the City Code of Ordinances. Any person
violating any of the provisions of this chapter shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $50 nor more than $250 for each offense, and each day that
such violation continues shall constitute a separate offense. This
chapter and the foregoing penalties shall not be construed to limit
or deny the right of the City or any person to such equitable legal
remedies as may be available by law.