[R.O. 2006 §225.010; CC 1985 §13.5-1; Ord. No. 88.18, 3-8-1989]
A.
It is
found and declared that:
1.
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;
2.
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
3.
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]
A.
The following
uses and activities shall be exempt from noise level regulations:
1.
Noises
of safety signals and warning devices utilized for their intended
purpose.
2.
Noises
resulting from any authorized emergency vehicle.
3.
Noises
resulting from any type of emergency work done for the public health,
safety, or welfare.
4.
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.
5.
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]
A.
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:
1.
Additional
time is necessary for the applicant to alter or modify his/her activity
or operation to comply with this Chapter;
2.
The
activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with this Chapter;
3.
No other
reasonable alternatives are available to the applicant; and
4.
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.
