[R.O. 2006 §225.010; CC 1985 §13.5-1; Ord. No. 88.18, 3-8-1989]
It is found and declared that:
The making and creation of excessive, unnecessary or unusually loud noises within the limits of the City is a condition which has existed for some time and the extent and volume of such noises is increasing;
The making, creation or maintenance of such excessive unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City; and
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City and its inhabitants.
[R.O. 2006 §225.020; CC 1985 §13.5-2; Ord. No. 96.33 §1, 8-1-1996]
It shall be unlawful for any person to make, continue or allow to be made or continued any noise that can be heard within the limits of this City, which when measured from a distance of fifty (50) feet or more that exceeds eighty (80) decibels on an A-weighted scale during the hours of 7:01 A.M. to 10:00 P.M. or that measures seventy (70) decibels during the hours of 10:01 P.M. to 7:00 A.M.
[R.O. 2006 §225.030; CC 1985 §13.5-3; Ord. No. 96.33 §2, 8-1-1996]
The following uses and activities shall be exempt from noise level regulations:
Noises of safety signals and warning devices utilized for their intended purpose.
Noises resulting from any authorized emergency vehicle.
Noises resulting from any type of emergency work done for the public health, safety, or welfare.
Any other noise resulting from activities of a temporary duration permitted by law or for which a license or permit has been granted by this City.
Any aircraft operated in conformity with or pursuant to, Federal law, Federal air regulations, and air traffic control instruction. Also any aircraft operating under distress or emergency conditions.
[R.O. 2006 §225.040; CC 1985 §13.5-4; Ord. No. 96.33 §3, 8-1-1996]
Applications for a special permit for relief from the provisions of this Chapter shall be obtained from the City Administrator or his/her designated representative. Any permit granted by the City Administrator hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The City Administrator, or his/her duly authorized representative, may grant the relief as applied for if he/she finds:
Additional time is necessary for the applicant to alter or modify his/her activity or operation to comply with this Chapter;
The activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this Chapter;
No other reasonable alternatives are available to the applicant; and
The City Administrator may prescribe any conditions or requirements he/she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
[R.O. 2006 §225.050; CC 1985 §13.5-5; Ord. No. 88.18, 3-8-1989]
Any person violating any of the provisions of this Chapter shall be punished as provided in Section 100.190.
[R.O. 2006 §225.060; CC 1985 §13.5-6; Ord. No. 88.18, 3-8-1989; Ord. No. 96.33 §4, 8-1-1996]
The operation or main entrance of any device, instrument, vehicle, or machinery in violation of any provision hereof is declared to be a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.