[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 11, Ch. 8, of the
2004 Code. Amendments noted where applicable.]
A.
Short title. This chapter may be cited as the "Noise Control Ordinance."
B.
Findings, policy and scope. Excessive sound is a serious hazard to
the public health and welfare, safety, and the quality of life. A
substantial body of science and technology exists by which excessive
sound may be substantially abated. The people have a right to an environment
free from excessive sound that may jeopardize their health, welfare,
or safety, or degrade the quality of life. It is the policy of the
City of Amery to prevent excessive sound which may jeopardize the
health and welfare or safety of its citizens or degrade the quality
of life. This chapter shall apply to the control of all sound originating
within the limits of the City of Amery.
C.
A-WEIGHTED SOUND LEVEL
AMBIENT NOISE
AMPLITUDE
ANSI
CONSTRUCTION
CYCLE
DAY
DECIBEL
DEMOLITION
EMERGENCY
EMERGENCY WORK
FLUCTUATING SOUND
FREQUENCY
IMPULSIVE SOUND
INTERMITTENT SOUND
MICROBAR
MUFFLER or SOUND-DISSIPATIVE DEVICE
NIGHT
NON-STEADY SOUND
PERIOD OF OBSERVATION
PERSON
PUBLIC RIGHT-OF-WAY
PURE TONE
REAL PROPERTY BOUNDARY
SOUND
SOUND ANALYZER
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SPECTRUM
STEADY SOUND
Definitions. All acoustical terminology shall be that contained in
ANSI S1.1, "Acoustical Terminology," and as follows:
The sound pressure level in decibels, as measured with a
sound level meter, using the A-weighted network. A level so read is
designed db(A) or dBA.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
The absolute value of the maximum displacement from zero
value during one period of oscillation.
American National Standards Institute or its successor bodies.
Any safe preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
A complete sequence of values of a periodic quantity that
occur during a period.
The hours between 7:00 a.m. and 10:00 p.m.
A standard unit of measuring sound pressure levels that is
equal to 1/10 of a bel and is a unit of level when the base of the
logarithm is the tenth root of 10, and the quantities concerned are
proportional to power; abbreviated "dB."
Any dismantling, intentional destruction, or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A sound whose sound pressure level varies significantly but
does not equal the ambient environmental level more than once during
the period of observation.
The reciprocal of the primitive period of a function periodic
in time. The unit is the cycle per unit time and must be specified;
typically this unit will be Hertz (Hz), i.e., cycles per second.
An impulsive sound is characterized by brief excursions of
sound pressure (acoustic impulses) which significantly exceed the
ambient environmental sound pressure. The duration of a single impulse
is usually less than one second.
A sound whose sound pressure level equals the ambient environmental
level two or more times during the period of observations. The period
of time during which the level of the sound remains at an essentially
constant value different from that of the ambient is on the order
of one second or more.
A unit of pressure commonly used in acoustics that is equal
to one dyne per square centimeter.
A device for abating the sound of escaping gases of an internal
combustion engine.
The hours between 10:00 p.m. and 7:00 a.m.
A sound whose level shifts significantly during the period
of observation.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the sound being measured and should also be at least 10 times as long
as the response time of the instrumentation. The greater the variance
in indicated sound level, the longer must be the observation time
for a given expected accuracy of the measurement.
Any person, persons, firm, association, copartnership, joint
venture, corporation, or any entity public or private in nature.
Any street, avenue, boulevard, highway, sidewalk, or alley
or similar place which is owned or controlled by a governmental entity.
A sound having a single frequency.
An imaginary line along the ground surface and its vertical
extension which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
An instrument including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of noise
and sound levels in a specified manner.
The sound pressure level, in decibels of sound, is 20 times
the logarithm to the base 10 of the ratio of the pressure of this
sound to the reference pressure, which reference pressure must be
explicitly stated.
A function of time and is a description of its resolution
into components, each of different frequency and usually of different
amplitude and phase and is also used to signify a continuous range
of components each of different amplitude and phase. A spectrum is
used to signify a continuous range of components usually wide in extent
within which waves have some specified characteristics such as "audio-frequency
spectrum" and is also applied to functions of variables other than
time.
A sound whose level remains essentially constant (i.e., fluctuations
are negligibly small) during the period of observation.
Excessive noise, as defined in this chapter, is hereby declared
to be a public nuisance and may be subject to summary abatement procedures
as described herein. Such abatement may be in addition to administrative
proceedings, forfeitures, and penalties as provided in this chapter.
It shall be the duty of the Police Department, upon complaint of a
nuisance, to determine if excessive noise exists as defined in this
chapter and to take the appropriate action as specified herein. Conditions
of excessive noise which are specifically exempted or for which a
variance permit has been issued in conformity with provisions of this
chapter shall be exempt from the above provisions.
The following activities shall be exempt from the regulations
of this chapter:
A.
Construction sites, public utility projects, public works. The daytime
criteria, as set forth in Tables I and II, shall not apply to construction
sites, public utilities, and public works projects and operations
during daytime hours Monday through Saturday, inclusive; provided,
however, that noise production shall be minimized through proper equipment
operations and maintenance. Stationary equipment on construction projects
lasting more than 10 days within residential districts shall be shielded
or located to prevent unnecessary noise.
B.
Emergency operations. Emergency short-term operations which are necessary
to protect the health and welfare of the citizens (such as emergency
utility and street repair, fallen tree removal, snow removal, or emergency
fuel oil delivery) shall be exempt from the criteria as set forth
in Tables I and II, provided that reasonable steps shall be taken
by those in charge of such operations to minimize noise emanating
from the same.
C.
Noises required by law. The provisions of Tables I and II shall not
apply to any noise required specifically by law for the protection,
health, welfare, or safety of people or property.
D.
Lawn mowers, garden tools, etc. Power equipment such as lawn mowers,
hand tools, small lawn and garden tools, riding tractors, and snow
removal equipment which is necessary for the maintenance of property,
if kept in good repair and maintenance, and which equipment, when
new, would not comply with the standards set forth in this chapter
shall be exempt. No person shall operate such equipment, with the
exception of snow removal equipment, between 10:00 p.m. and 7:00 a.m.
E.
Residential air conditioners. Noise emitted by residential air conditioners shall be judged by the criteria set forth in § 308-6.
F.
Airplanes and railroad operations. Aircraft and railroad operations
which are controlled specifically by federal law and enforcement shall
be exempt.
The City Council shall have the authority, consistent with this
chapter, to grant special variances in accordance with the following
provisions.
A.
Special variance permits.
(1)
General. A special variance permit may be issued upon request provided
that the work producing such noise is necessary to promote the public
health or welfare and reasonable steps are taken to keep such noise
at the lowest practical level.
(2)
Special community events. A special variance permit may be issued
for special events, such as circuses, 4th of July celebrations, and
similar community events, which are limited in duration and are generally
acceptable to the people of the community, provided that precautions
are taken to maintain the noises produced at the lowest practical
level.
(3)
Procedure. Any person seeking a special variance permit pursuant
to this chapter shall file an application with the Police Department
30 days prior to the commencement of the event or activity for which
the variance permit is requested. The Police Department, however,
may waive the time limit when compliance therewith is impractical.
The application for a special variance permit must be made in writing
to the Police Department and shall contain all the following pertinent
information:
(4)
Issuance. Special variance permits shall be granted by notice to
the applicant containing all necessary conditions, including a time
limit on the permitted activity. The special variance permit shall
not become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the special variance permit shall
terminate it and subject the person holding it to those provisions
of this chapter regulating the source of sound or activity for which
the special variance is granted.
(5)
Extension or modification. Application for extension of time limits
specified in special variance permits or for modification of other
substantial conditions shall be treated like applications for initial
special variances.
B.
Conditional variances.
(1)
Grounds. It may not be technically or economically feasible for certain
commercial or industrial sources of sound to comply with the standards
set forth herein. Therefore, the City Council may grant variances
from this section if it finds that strict compliance is unreasonable
because:
(a)
Conditions are beyond the control of the person granted such
variance.
(b)
Special circumstances exist which would render strict compliance
impractical due to special physical conditions or cause.
(c)
Strict compliance would result in substantial curtailment or
closing down of a business, plant, or operation.
(d)
Control technology is unavailable or available only at prohibitive
cost.
(e)
No other alternative facility or method is available.
(3)
Application for new sources. The owner, or an authorized agent, of
any source of sound may apply to the City Council for a conditional
variance. For a new source, the application shall be made not less
than 120 days prior to commencement of sound producing operations.
(4)
Hearing. The application shall state upon which of the permitted
exceptions it is grounded and inform the City Council as to why the
source of sound or activity for which the variance is sought should
be allowed. The City Council may find a controversy exists regarding
the object of the application and hold a public hearing after notice
thereof. Any person who may be affected by the variance may testify
orally or may file a written statement setting forth information for
the Council's consideration. Those who appear may be required to submit
such additional information as the City Council may reasonably require.
(5)
Findings. The City Council shall file findings of facts, conclusions
of law, and a decision with the Administrator/Clerk-Treasurer within
30 days after the hearing, or receipt of application if no hearing
is held.
(6)
Compliance with conditions. Conditional variances shall not be issued
until the applicant has agreed to the conditions therein. The City
Council may require the applicant to post a performance bond prior
to issuing the variance. The variance shall be voidable upon written
notice and hearing at the option of the City Council in the event
any of the stated conditions are violated.
Appeals of an adverse decision of the City Council shall be
made to the Zoning Board of Appeals.
A.
Regulated. No person shall operate or cause to be operated on private
or public property any source of sound in such a manner as to create
a sound level which exceeds the limits set for the zone categories
in Table I; provided, however, that when sound is emitted from an
industrial zone into a residential zone or commercial zone, or from
a commercial zone into a residential zone, the limits set forth in
Table II shall apply.
C.
Measurement.
(1)
Measurement shall be made at or beyond the property line of the property
on which such noise is generated or at or within the property line
of the property on which such noise is perceived, as appropriate.
Measurement shall be done four feet above the ground and at least
three feet from large reflecting surfaces such as building walls.
(2)
Measurement of sound shall be made either with a sound level meter
that meets or exceeds the ANSI requirements of the American Standard
Specification for Sound Level Meters, Type I or Type II (ANSI S1.4
- 1971) or with an Octave Band Analyzer that meets or exceeds the
requirements of ANSI (S1.6 - 1960) or any subsequent nationally adopted
standards superseding the above standards. In both cases, the instruments
should be maintained in calibration and good working order.
(3)
When a sound level meter is used, it shall be set to the A-weighting
scale and in the FAST response mode. A windscreen shall be mounted
on the microphone and the noise limitations shall be the A-scale levels
set forth in Tables I and II. An octave band analyzer may be employed
when there is a concentration of sound energy within a limited number
of bands, but its use shall not be restricted to such situations.
When an octave band analyzer is used, a standard octave band analysis
shall be conducted that spans the frequency range set forth in Tables
I and II.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
A.
Immediate order. The Chief of Police may order an immediate halt to any sound which exposes any person, except those excluded in Subsection B to sound levels in excess of those shown in Tables III and IV.[1] Within five days following issuance of such an order,
the City may apply to the appropriate court for an injunction to replace
the order.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B.
Exemptions. No order shall be issued if the only persons exposed
to sound levels in excess of those listed in Tables III and IV are
exposed as a result of:
Any person who violates an order issued pursuant to this chapter shall, upon conviction, be subject to a penalty pursuant to § 1-5. Each day of violation of said order shall constitute a separate offense.
