[HISTORY: Adopted by the City Council of the City of Papillion 3-7-2017 by Ord. No. 1749. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 85.
Nuisances — See Ch. 137.
It is found and declared that:
A.
Making, continuing, or causing to be made any loud, unnecessary,
unnatural, or unusual sound which is prolonged, unusual, and unnatural
in its time, place, and use results in a noise that affects, and is
a detriment to the public health, comfort, convenience, safety, welfare,
and prosperity of the residents of the City.
B.
The necessity for the provisions and prohibitions hereinafter contained
and enacted is declared to be in the public interest, a matter of
legislative determination and public policy, and in pursuance of,
and for the purpose of, securing and promoting the public health,
comfort, convenience, safety, welfare, prosperity, peace, and quiet
of the City.
The following words and phrases when used in this chapter shall,
for the purposes of this chapter, have the meanings respectively ascribed
to them in this section, unless otherwise expressly stated or the
context clearly indicates a different meaning or construction:
An A-weighted unit used to measure sound levels to approximate
the way the human ear perceives the relative loudness of such sounds
in the air. Pursuant to this chapter, dBAs shall be measured by the
City using a sound level meter meeting American National Standards
Institute (ANSI) specifications for a Type II or better general-purpose
sound level meter.
An unweighted logarithmic unit used to measure sound levels.
Any occurrence of circumstances involving actual or imminent
physical or psychological trauma or property damage which demands
immediate action.
A special designation provided by the City Council to a public
use facility, place, or location which:
A sound, especially one that is loud or unpleasant or that
causes disturbance.
Any structure, place, or location which is open or accessible
to the general public or is specially designated for the public's
use, whether privately or publicly owned.
Vibrations that travel through the air or another medium
and can be heard when they reach a person's or animal's
ear and which may be described by duration, intensity, and frequency.
The following constitute, generally, the maximum sound levels
permitted within the City's corporate boundaries as measured
from the property line of the sound source:
|
Maximum Permitted Sound Levels
| ||
|---|---|---|
|
Area/Time
|
Maximum
(dBA)
| |
|
Residential districts
| ||
|
7:00 a.m. to 10:00 p.m.
|
70
| |
|
10:00 p.m. to 7:00 a.m.
|
55
| |
|
Office, civic, commercial, industrial, and agricultural districts*1
| ||
|
7:00 a.m. to 10:00 p.m.
|
70
| |
|
10:00 p.m. to 7:00 a.m.
|
55
| |
|
NOTE:
| |
|
1
|
Zoning districts within these area categories include: O, LC,
CC, GC, CBD, LI, GI, and AG.
|
Unless otherwise exempted under this chapter, it shall be unlawful
for any person with control, occupancy, or possession of the applicable
real or personal property to make, continue, or cause to be made or
continued, any sound within the City's corporate boundaries which
is:
B.
Loud, unnecessary, unnatural, or unusual, and prolonged in its time,
place, and use, and which, if continued, is detrimental to the public
health, comfort, convenience, safety, welfare, and prosperity of the
residents of the City, as determined by law enforcement personnel.
The following sounds, among others not listed herein, are declared to be noises that are detrimental to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the City, and therefore in violation of § 135-4B of this chapter, if prolonged in their time, place, and use:
A.
Horns; whistles; signaling devices. Sounding of any horn, whistle,
or other signaling device on any automobile, motorcycle, or other
vehicle, except as a danger warning.
B.
Sound production and amplification devices. Playing, using, operating,
or permitting to be played, used, or operated, any radio, television,
drum, musical instrument, loud speaker, sound amplifier, or other
device which produces, reproduces, or amplifies sound on any property,
or which produces, reproduces, amplifies, or casts sound for the purpose
of commercial advertising or attracting the attention of the public
to any performance, show, sale, building, structure, or property.
C.
Yelling; shouting; and the like. Yelling, shouting, hooting, whistling,
or singing so as to annoy or disturb the quiet, comfort, or repose
of persons in any office, or in any dwelling, hotel, or other type
of residence or of any reasonable person in the vicinity.
D.
Animal sounds. Howling, barking, squawking, or other frequent or
long-continued animal sounds, without provocation by the complainant,
of such character, intensity, and duration so as to annoy or disturb
the quiet, comfort, or repose of any reasonable person in the vicinity.
E.
Exhausts. Audibly discharging into the open air the exhaust of any
steam engine, stationary internal combustion engine, motor boat, motor
vehicle, or other vehicle or engine, unless the sound produced thereby
is controlled and muffled with a muffler device sufficient to deaden
such noise.
F.
Vehicles. Using, repairing, rebuilding, modifying, or testing any
motor vehicle, motorcycle, motorboat, or other vehicle in a manner
which creates loud and unnecessary grating, grinding, rattling, or
other loud and unnecessary noises.
G.
Construction equipment; power tools; and the like. Operating any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist, blower, power fan, or other power tools, unless the sound produced
thereby is controlled and muffled with a muffler device sufficient
to deaden such noise.
The following sounds are exempt from the application of this
chapter:
A.
Sounds resulting from devices used solely for the purpose of warning,
protecting, or alerting the public, or some segment thereof, of the
existence of an emergency situation.
B.
Sounds of safety signals, warning devices, and emergency pressure
relief valves.
C.
Sounds resulting from any authorized emergency vehicle when responding
to an emergency call or acting or operating within the scope of the
authority of said agency or as is necessary for the safety of the
public during a time of emergency.
D.
Sounds of bells and chimes of places of public or religious assembly.
E.
Sounds resulting from operations by City departments and other government
agencies.
F.
Sounds emanating from duly licensed, permitted, and/or authorized athletic events, parades, and public celebrations, including, but not limited to, the annual Papillion Days Celebration, marching and performance bands, and fireworks displays (subject to the regulations set forth under Chapter 117 entitled Fireworks).
G.
Sounds emanating from designated entertainment venues.
H.
Sounds emanating from industrial facilities operating in industrial zoned areas of the City, provided that such sounds are incidental to the normal operations of such facility, and further provided that such facility is operating in accordance with all City, state and federal codes, statutes, regulations, special use permits, and other enforceable orders. For the purpose of this Chapter 135, sounds shall be considered incidental to the normal operations of such industrial facilities only so long as such sounds are minor, not continuous, and occurring merely by chance or without intention or calculation.
[Amended 8-7-2018 by Ord.
No. 1814]
I.
Sounds of lawn care equipment in normal usage between the hours of
7:00 a.m. and 10:00 p.m. if used and maintained in accordance with
the manufacturers' specifications.
J.
Except as set forth in § 135-5 of this chapter, sounds of motor vehicles on public roads. However, this section is not intended and shall not be construed to interfere with the enforcement of any City, state or federal statute, regulation, ordinance, code, or like regulations of motor vehicles.
K.
Sounds of aircraft, railroad trains, transit buses, school buses
and other transportation vehicles operated for the general public.
L.
Sounds emanating from the operations of, or sanctioned by, the proper
authorities (such as public utilities, or City, state or federal government)
for the protection of persons or property where imminent physical
trauma or property damage demands immediate action.
Temporary waivers from the application of this chapter may be
granted under the following instances:
A.
Events. The Chief of Police or his or her designee may temporarily waive from time to time the application of § 135-4 of this chapter for a period not to exceed three days to allow for the lawful making or continuing of loud sounds in connection with certain events to be held at public use facilities which the Chief of Police or his or her designee determine would not pose a significant threat to public health, safety, and welfare upon proper consideration of the facts and circumstances surrounding such events. Formal application for such temporary waiver shall be submitted to the office of the Chief of Police. The relevant facts and circumstances upon which the determination for such temporary waiver is based may include, but not be limited to, the following items:
B.
Building construction or repair. The Chief Building Official or his or her designee may temporarily waive the application of § 135-4 of this chapter to allow for the lawful making or continuing of loud sounds in connection with the erection (including excavation), demolition, alteration, or repair of any building, but only in case of urgent necessity in the interest of public health and safety, which waiver may be granted for a period not to exceed three days while the emergency continues. If the Chief Building Official determines that the public health and safety will not be impaired by the erection (including excavation), demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 10:00 p.m. and 7:00 a.m., and further determines that loss or inconvenience would otherwise result to any party in interest, the Chief Building Official may grant permission for such work to be done within the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is issued or during the progress of work.
[Added 8-7-2018 by Ord.
No. 1814]
From time to time, the Mayor and City Council may approve, by resolution, a mixed-use agreement or a permit for the waiver of the maximum permitted sound level(s) (dBA), set forth in § 135-3 of this chapter, for any development or property, whether privately or publicly owned, which has been or is being approved for civic, office, commercial and/or industrial use types. Such resolution may establish: (1) whether the waiver of the maximum permitted sound level shall be for a limited period of time or on a permanent basis; (2) the adjusted maximum permitted sound level(s) (dBA) that will be allowed, which is above the maximum permitted sound level(s) set forth in § 135-3 of this chapter; and (3) any other conditions that must be satisfied by the owner of the specific development or property. Any waiver of the maximum permitted sound level(s) (dBA) in § 135-3 shall be based upon proper consideration of the best interests of the general public and the particular facts and circumstances surrounding the specific development or property, including, but not limited to, the nature, purpose, and need for the waiver, the surrounding land uses, any development agreements in place related to the surrounding land uses, existing or anticipated uses of surrounding land, and the prior experiences of the City in its contacts and dealings with the owner of the specific development or property. Any waiver of the maximum permitted sound levels of Chapter 135 which is granted by the Mayor and City Council may be revoked or modified by resolution of City Council in the event that the City determines that the owner of the specific development or property has failed to satisfy and comply with the conditions upon which the waiver was granted. The City shall deliver to the owner of such development or property a written notice of intent to revoke or modify the waiver granted under this section prior to any formal action by the Mayor and City Council to revoke or modify such waiver, and such owner shall have 30 days after delivery of such written notice to satisfy and comply with the conditions upon which the waiver was granted. In the event that the owner fails to satisfy and comply with the conditions for the waiver within the aforementioned thirty-day compliance period, such failure shall constitute sufficient grounds for the Mayor and City Council to take formal action to revoke or modify the waiver by resolution. Any owner aggrieved by any decision of the Mayor and City Council to revoke or modify the waiver granted under this section may seek review of such decision by the District Court located in Sarpy County in the manner provided by the laws of the state. Formal application for the waiver of the maximum permitted sound levels of § 135-3 shall be submitted to the Planning Department for review, using the formal application process established by the City.
[Amended 8-7-2018 by Ord.
No. 1814]
From time to time, the Mayor and City Council may, by resolution,
designate any public use facility, whether privately or publicly owned,
as an entertainment venue. Such resolution may establish whether such
designation is intended for a limited period of time or on an ongoing
basis, as well as the maximum permitted sound level(s) (dBA) for such
entertainment venue. Any maximum permitted sound level(s) (dBA) allowed
for a particular entertainment venue shall be determined based upon
proper consideration of the best interests of the general public and
the facts and circumstances surrounding the specific entertainment
venue, including, but not limited to, the nature and purpose of the
specific entertainment venue, the surrounding land uses, any development
agreements in place related to the surrounding land uses, and the
prior experiences of the City in its contacts and dealings with the
public use facility and/or its operators. An entertainment venue designation
or conditions placed upon an entertainment venue may be revoked or
modified by resolution of City Council. The City shall deliver to
the applicant of such designated entertainment venue a written notice
of intent to revoke or modify the entertainment venue designation
granted under this section prior to any formal action by the Mayor
and City Council to revoke or modify the entertainment venue designation,
and such applicant shall have 30 days after delivery of such written
notice to satisfy and comply with the conditions upon which the entertainment
venue designation was granted. In the event that the applicant fails
to satisfy and comply with the conditions for the entertainment venue
designation within the aforementioned thirty-day compliance period,
such failure shall constitute sufficient grounds for the Mayor and
City Council to take formal action to revoke or modify the entertainment
venue designation by resolution. Any applicant aggrieved by any decision
of the Mayor and City Council to revoke or modify the entertainment
venue designation granted under this section may seek review of such
decision by the District Court located in Sarpy County in the manner
provided by the laws of the state. Formal application for the entertainment
venue designation shall be submitted to the City Clerk using the formal
application process established by the City.
[Amended 8-7-2018 by Ord.
No. 1814]
Any person, firm, or corporation who violates any of the prohibitions
or provisions of any section of this chapter, neglects or refuses
to comply therewith, or opposes the enforcement thereof shall be guilty
of a Class III misdemeanor. Unless otherwise specified in the section
which the person stands convicted of violating, the penalty for each
such violation shall be in an amount not less than $50 and not to
exceed $500 and/or imprisonment for any length of time not to exceed
three months, in the discretion of the court. Every day on which such
violation, neglect, or refusal continues shall be deemed to be a separate
violation. In addition to such penalty, any person, firm, or corporation
who violates this code may be required by the City to immediately
cease or modify those acts which have made or caused such unreasonably
loud or unnecessary sound, as determined appropriate under the circumstances
by the City. Further, in the event of repeat violations by the same
person, firm, or corporation, such person or entity may be required
by the City to monitor and periodically report to the City the dBA
levels and/or frequency of sounds along the property line of the sound
source as a means by which to bring such sounds in compliance with
this chapter.
