[Ord. No. 1260 §1, 7-19-2012]
It is the intent and purpose of this Article to prevent excessive noise and excessive vibration and to limit, control and eliminate excessive noise and excessive vibration in general from whatever source.
[Ord. No. 1260 §1, 7-19-2012; Ord. No. 1850, 7-15-2020]
A. 
For purposes of this Article IV, the following words and phrases are defined and shall be construed as defined below unless it shall be apparent from the context that a different meaning is intended.
A-WEIGHTING SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using an A-weighting network. The level so read is designated dBA.
AMBIENT NOISE LEVEL
The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources.
AMERICAN NATIONAL STANDARDS INSTITUTE or ANSI
American National Standards Institute, Inc., or its successor bodies.
CITY
The City of Cottleville, Missouri.
CITY ADMINISTRATOR
The City Administrator of the City of Cottleville, Missouri, or his/her designee(s).
DECIBEL (dB)
A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micronewtons per square meter.
DIRECTOR OF PUBLIC WORKS or DIRECTOR
The Director of Public Works for the City of Cottleville, Missouri, or such other person designated by the City Administrator.
DWELLING
Shall have the same meaning set forth in Section 405.020, as amended.
DWELLING UNIT
Shall have the same meaning set forth in Section 405.020, as amended.
DWELLING, MULTIPLE-FAMILY
Shall have the same meaning set forth in Section 405.020, as amended.
DWELLING, SINGLE-FAMILY
Shall have the same meaning set forth in Section 405.020, as amended.
DWELLING, TWO-FAMILY
Shall have the same meaning set forth in Section 405.020, as amended.
EMERGENCY WORK
Work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
EXCESSIVE NOISE
Any noise which violates the factors or standards set forth in this Article.
EXCESSIVE VIBRATION
The presence of a vibration or vibrations of such intensity, duration, frequency or character which annoy, disturb, or cause or tend to cause adverse psychological or physiological effects on persons, or damage or tend to damage personal or real property.
FACILITY
The area, buildings and equipment used by any person at a single location in the conduct of business.
HOUSE OF WORSHIP
Any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.
LAND USE CATEGORY
1. 
Commercial zoning districts;
2. 
Industrial zoning districts; or
3. 
Residential zoning districts.
NOISE
An undesired sound.
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 ten (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.
PERSON
Any individual, association, partnership or corporation and including any officer, employee, department, agency or instrumentality of the United States, the State of Missouri or any political subdivisions thereof.
"SLOW" RESPONSE
A metering function to be used in measurement of sound for determination of enforcement of the objective sound standards — allowable levels stated within this Article.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium resulting in air pressure variations perceptible by the human ear. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
The unweighted ("flat") or weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such A, B or C as specified in the American National Standards Institute specifications for sound level meters (ANSI S1.4). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
Any instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound pressure levels in a specified manner which complies with Type 2 of better standards established in the ANSI S1.4-1971 "Specification for Sound Level Meters."
SOUND PRESSURE LEVEL
Twenty (20) times the logarithms to the base ten (10) of the ratio of the roof mean squared (DBMS) sound pressure to the reference pressure of twenty (20) micronewtons per square meter.
SOUND RECEPTOR
The location or property boundary receiving sound from a sound source.
SOUND SOURCE
The location of property boundary from which a sound emanates.
VEHICLE
Shall have the meaning set forth in Section 300.010.
VIBRATION
An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given point.
ZONING DISTRICT
Districts established by the zoning ordinances of the City and found in Chapter 405 of the Municipal Code of the City of Cottleville, Missouri, as amended.
ZONING DISTRICTS, COMMERCIAL
Each zoning district that provides for the commercial use of property as a principal use.
ZONING DISTRICTS, INDUSTRIAL
Each zoning district that provides for the industrial use of property as a principal use.
ZONING DISTRICTS, RESIDENTIAL
Each zoning district that provides for the residential use of property as a principal use.
B. 
All acoustical terminology used in this Article not defined in subsection (A) of this Section shall have the same meaning as contained in ANSI/ASA S1.1-2013 "Acoustical Terminology," published by the American National Standards Institute.
[Ord. No. 1260 §1, 7-19-2012]
It shall be unlawful for any person to willfully make, continue or cause to be made any loud, disturbing, unusual, or unnecessary noise which disturbs the peace or quiet of the City or any part thereof or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
[Ord. No. 1260 §1, 7-19-2012; Ord. No. 1850, 7-15-2020[1]]
A. 
Enforcement Factors. In the enforcement of Section 215.120, the Director of Public Works, or his/her designee, may determine if a particular sound is sufficiently loud, disturbing, unusual, or unnecessary or otherwise so offensive that it would unreasonably disturb other persons in the vicinity so as to constitute a violation of Section 215.120. Factors which may be considered by the Director of Public Works, or his/her designee, when making such determinations, may include, but are not necessarily limited to, the following:
1. 
The level of the sound.
2. 
Whether the nature of the sound is usual or unusual.
3. 
Whether the origin of the sound is natural or man-made.
4. 
The volume and intensity of the background sound, if any.
5. 
The proximity of the sound source to residential sleeping facilities.
6. 
The nature and zoning of the area within which the sound emanates.
7. 
The density of the inhabitation of the area in which the sound emanates.
8. 
The time of the day or night the sound occurs.
9. 
The duration of the sound.
10. 
Whether the sound is recurrent, intermittent or constant.
B. 
Objective Noise Standards. It shall be presumed that a violation of Section 215.120 exists whenever any sound is projected from one (1) property in the City onto another if such sound, measured from the exterior wall of any building on the property receiving the sound, exceeds the following decibel standards at a measurement location, as set forth in Subsection (C) of this Section, appropriate to determine the level of disturbance. When the sound emitted is measured upon property which is located in a different land use category than the property upon which the stationary sound source is located, the levels applicable to the property where the sound emitted is measured shall be used to determine if a violation exists.
Objective Noise Standards — Allowable Sound Levels
15 min
8 min
2 min
In residential zoning districts:
7:00 A.M. to 10:30 P.M.
10:30 P.M. to 7:00 A.M.
59 — 61 dB
54 — 56 dB
62 — 64 dB
57 — 59 dB
68 — 70 dB
63 — 65 dB
In commercial zoning districts:
7:00 A.M. to Midnight
Midnight to 7:00 A.M.
69 — 71 dB
64 — 66 dB
72 — 74 dB
67 — 69 dB
78 — 80 dB
73 — 75 dB
In industrial zoning districts:
7:00 A.M. to Midnight
Midnight to 7:00 A.M.
74 — 76 dB
74 — 76 dB
77 — 79 dB
77 — 79 dB
83 — 85 dB
83 — 85 dB
Two-family and multiple-family dwellings shall have the same sound level limits between units as for single-family or detached dwellings in residential zoning districts, as measured at any point in the interior of the sound receptor residential dwelling unit with windows closed.
C. 
Measurement Methodology. This Subsection describes acceptable methods of techniques for the measurement and reporting of sound for the purpose of determining compliance with the allowable sound levels set forth in Subsection (B) of this Section.
1. 
Measurement Location. Measurement of sound must be made at the exterior wall of any building on the property receiving the sound.
2. 
Calibration. All sound level measuring devices must be calibrated by a certified agency or the City.
3. 
Sound Level Meter. Sound level measurement shall be made with a sound level meter using the A-weighting sound level scale set on "slow" response. Sound level meters shall be at least Type S1A meeting American National Standard Institute requirements set forth in ANSI/ASA S1.4-1971. Persons using the sound levels shall be trained in sound level measurement and the operation of sound level measurement equipment.
4. 
Measurement Procedures. The following procedures must be followed to obtain representative sound level measurements.
a. 
Measurement location must be at least three (3) feet above the ground and not more than ten (10) feet above ground.
b. 
Measurement shall be taken in location on receptor property with line of sight to the sound source if possible.
c. 
Measurements made in sustained winds over ten (10) knots may be subject to review and considered not valid. Precipitation or other sounds which result in a difference of less than 10 dBA between the background or ambient noise level and the sound source being measured may also invalidate measurements.
d. 
Measurements must be made with the sound level meters set for "A" weighting and "slow" response.
e. 
Measurements are to be made when possible and appropriate to the sound source over a two (2), eight (8) or fifteen (15) minute period with the sound level meter in the "averaging" or Leq mode or manual observations. Measurements should be made over a continuous period, unless a transient event which is easily identified, such as an aircraft overflight, occurs. In this case, the averaging period may be paused for the duration of the transient event and the measurement restarted when the transient event sound level is 10 dBA below the sound source being measured.
5. 
Measurement Documentation. A record of all sound level measurements must be completed and signed by the person marking the measurements. Such record sheet should include:
a. 
Date.
b. 
Time of measurement.
c. 
Location (street address if possible).
d. 
Sound source.
e. 
Wind speed and direction (measured, estimate or from airport or weather service records).
f. 
Temperature (if readily available).
g. 
Humidity (if readily available).
h. 
Make, model and serial number of sound level meter, date of last certification/calibration.
i. 
Field calibration results.
j. 
Ambient (background) noise level.
k. 
Name of complainant (if available).
[1]
Editor's Note: Ord. No 1850 also changed the title of this Section from "Standards" to "Factors And Standards."
[Ord. No. 1260 §1, 7-19-2012]
No person shall discharge, or allow the escape of sounds or vibrations of a nature which are prohibited by or are in excess of that permitted by this Article, or which result in or cause noise or excessive vibration.
[Ord. No. 1850, 7-15-2020]
A. 
The following are exempt from Sections 215.120 to 215.140:
1. 
Crowd noise and noise generated from musical instruments emanating from scheduled outdoor athletic events.
2. 
Crowd noise from festivals, concerts and activities operating under permit issued by the City.
3. 
Noise of safety signals, warning devices, or emergency pressure relief valves.
4. 
Noise resulting from house of worship bells or chimes, either actual or electronic, or artificial sound reproduction system intended to reproduce house of worship bells or chimes sounds operated between the hours of 6:00 A.M. and 10:30 P.M.
5. 
Noise resulting from any authorized emergency vehicle.
6. 
Noise resulting from parades, lawful picketing or other public demonstrations protected by the U.S. Constitution or Federal law for which a local permit has been granted by the City, provided such activity is of a temporary duration lasting no longer than two (2) hours during any twenty-four (24) hour period. Regulation of sound emanating from activities under permit shall be according to the conditions and limits stated in this Article and according to any additional conditions stated on the permit.
7. 
Unamplified and amplified sound at public affairs or events conducted, sponsored or sanctioned by the City, so long as such sound remains within the parameters of this Article.
8. 
All noises coming from the normal and legal operations of properly equipped aircraft.
9. 
Noise from fireworks at times allowed under a pyrotechnics permit issued by the City pursuant to Section 210.700, as amended, or at times as otherwise permitted under Section 210.700, as amended.
10. 
Noise from trains and associated railroad rolling stock when operated in a proper manner.
11. 
Emergency work.
[Ord. No. 1260 §1, 7-19-2012]
Any violation of this Article is declared to be a public nuisance, and it shall be unlawful for any person, including the owner or occupant of any premises within the boundaries of the City and within one-half (1/2) mile of the boundaries thereof, to maintain or permit to be maintained such public nuisance.
[Ord. No. 1260 §1, 7-19-2012; Ord. No. 1850, 7-15-2020]
A. 
The Director of Public Works shall have the following powers and duties:
1. 
The Director of Public Works shall be responsible for the administration and enforcement of this Article.
2. 
The Director shall have the power to effect compliance by:
a. 
Order or warning notice commanding all necessary actions or forbearances, and specifying a maximum period of time for installation of any equipment or any other measures necessary to achieve compliance; or
b. 
Initiation of appropriate legal proceedings in any court of law:
(1) 
For the imposition of a penalty; or
(2) 
In order to prevent, restrain or abate excessive noise or excessive vibration prohibited by this Article.
3. 
The Director shall investigate complaints about noise or excessive vibration, make observations and maintain surveillance of the discharge or escape of sound or excessive vibration.
4. 
The Director may inspect from time to time any installation, premises, equipment, devices and appurtenances thereto that may, can or do cause noise or excessive vibration, and the Director of Public Works may take measurements and make analyses of such sound or excessive vibration. Where directed, the owner shall provide assistance in obtaining normal operating conditions during periods of measurement.
5. 
The Director shall prescribe standard methods and procedures for the measurement and the analysis of sound and vibration, as may be required or necessary to evaluate performance and compliance with this Article.
6. 
The Director may require from the owner of any source of sound or vibration which may be or is in excess of that permitted by this Article, such information, plans, specifications, analyses, performance data and tests or examinations as will disclose the nature, effects, extent, quantity or degree of sound or vibration which are or may be discharged from such source.
7. 
The Director may order the owner, lessee or his/her agent, of any applicable facility, to conduct at his or her expense such tests as are necessary in the opinion of the Director to determine whether such facility is in compliance with this Article. Test results shall be submitted to the Director within ten (10) days after the tests are completed. Such tests shall be conducted by professionally competent personnel and in a manner approved by the Director and subject to witness by the Director.
8. 
The Director may require the submission of information on the sources of sound or vibration which may be or is in excess of that permitted by this Article, including the nature, characteristics, intensity and frequency, the period of operation, the effects and the location of such sources.
9. 
The Director may classify sound sources and identify those which tend to create sound or excessive vibration problems. At such designated sound sources, he/she may order the installation and operation of testing or measuring equipment or other measures to detect sound or excessive vibration, on a continuous or periodic basis, to determine the intensity and frequency, the period of operation, the effects and the location of such sound sources and to record this information on time charts subject to inspection by the Director. The Director may require that the installations be equipped to activate alarms, control equipment, and process regulators.
10. 
The Director may require the designation of a person, or persons, to be responsible for noise or excessive vibration control operations and the submission of reports and information.
11. 
The Director may approve improvement plans and schedules for compliance for the renovation of existing equipment, the installation of new systems of noise or excessive vibration control, or a change in basic processes. The Director may establish special operational requirements necessary to minimize noise or excessive vibration during this period as a condition of approval. Violations of these conditions shall be considered a violation of this Article. The existence of such an approved improvement plan will have no bearing on any violations due to conditions not covered by the plan.
[Ord. No. 1260 §1, 7-19-2012]
A. 
The Director is authorized to make inspections, including the requiring of information and reports, the taking of measurements, and the performance of tests, as necessary, to determine compliance with this Article. For this purpose, the Director is authorized to enter and examine any establishment, institution or private residence at all reasonable times, as provided by law.
B. 
If any owner or person in charge of any premises refuses to admit the Director for the purpose of making inspections, the Directors shall, with the aid of the Municipal Prosecuting Attorney or the City Attorney, seek a search warrant or other appropriate order from a court of competent jurisdiction.
[Ord. No. 1260 §1, 7-19-2012]
Any person determined to be in violation of any provision of this Article shall, upon conviction, be assessed a fine not to exceed five hundred dollars ($500.00). Each day such violation continues shall constitute a separate violation.