[HISTORY: Adopted by the City Council of the City of DuBois
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-2014 by Ord. No. 1794]
As used in this article, the following terms shall have the
meanings indicated:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
A unit for measuring the sound pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(micronewtons per square meter).
A sound which is neither part of the neighborhood residual
sound nor comes from the source under investigation.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
That measured value which represents the summation of the
sound from all of the discrete sources affecting a given site at a
given time, exclusive of extraneous and transient sounds and the sound
from the source of interest.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound, which:
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. "Person" includes
the owner or operator of the noise disturbance source; the owner,
tenant or manager of real property from which the noise disturbance
emanates; and any other individual responsible for producing the noise
disturbance or allowing such disturbance to occur.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a string
of single pitches.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
to public right-of-way.
Either:
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
The vertical and horizontal boundaries of a dwelling unit that
is one in a multidwelling unit building; or
The vertical and horizontal boundaries of a dwelling unit or
commercial unit of a mixed residential-business use building.
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 characteristics of such sound, including
duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified in ANSI specification S1.4-1971.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
The level of a sound measure in dB units with a sound level
meter, which has a uniform ("flat") response over the band of frequencies
measured.
A sound whose level does not remain constant during measurement.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day, Monday through Friday, which is not a legal holiday.
Those which have been enacted by the City Council of the City of DuBois in Chapter 450 of the Code of the City of DuBois, as many be amended from time to time.
A.
No person shall unnecessarily and repeatedly sound the horn of any
vehicle or use any loud signaling device thereon except an emergency
vehicle or a vehicle on emergency business.
B.
No person shall operate or cause to be operated any audio amplification
or reproduction device, including but not limited to an oversized
hand-carried radio, cassette, compact disc player, or one that is
installed in or audio powered by a vehicle, on a City street or sidewalk,
in a City park, on a public conveyance, or in any other public property
which generates an A-weighted sound level in excess of 100 dB(A) in
a residential area measured at, or adjusted to, a distance of 50 feet
from the source. If an A-weighted sound device is not present, a violation
has occurred if the disturbance is audible to an officer standing
in excess of 100 feet away from the source of the disturbance. The
subsection shall not apply to audio amplification devices used for
open-air musical concerts or any other private or public events.
C.
No person shall operate or cause to be operated any audio amplification
system on public or private property, which generates an A-weighted
sound level in excess of 100 dB(A) in a residential area measured
at, or adjusted to, a distance of 100 feet beyond the boundary of
the property in which the audio amplification or reproduction system
is located.
A person operating an audio amplification or reproduction device
shall be exempt from this article, provided that:
A.
The device is being operated to request assistance or warn of a hazardous
situation;
B.
The device is an authorized emergency vehicle or a vehicle operated
by a gas, electric, communications or water utility; or
C.
The device is being used in connection with a parade, political activity,
amusement activity or a community event that is being conducted under
any permit issued by the City and is otherwise in compliance with
the applicable sections of the City of DuBois Code, provided that
the recommended sound level in the applicable section is not exceeded
between the hours of 11:00 p.m. and 7:00 a.m.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person, firm or corporation who shall violate § 279-2 shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment, to imprisonment for a term not to exceed 90 days. Each day that a violation continues shall constitute a separate offense.
Prior to the effective date of this article, the Chief of Police
of the City of DuBois shall develop a comprehensive noise education
program for the purpose of informing, educating and soliciting voluntary
cooperation in noise reduction.
