(a) 
This article shall be known as the noise ordinance.
(b) 
This article applies to the control of all sound and noise within the limits of the city and its extraterritorial jurisdiction (ETJ).
(c) 
This article is designed to regulate sound and noise through the use of objective standards to promote compliance and enforceability, which will enhance the public health, safety, and general welfare of the city.
(Ordinance 031219 adopted 5/14/19)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“A” ban level.
The total sound level of all noise as measured with a sound level meter using the A-weighting network.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition for or of public or private rights-of-way structure, utilities or similar property.
Daytime.
The continuous time period between 7:00 a.m. and 10:00 p.m.
Decibel (dBa).
A logarithmic unit of measure used in describing the amplitude of sound, which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.
Demolition.
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or other property.
Impulsive sound.
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay.
Motor vehicle.
Any vehicle which is propelled or drawn by a motor, such as, but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, motor cycles, motor scooters, minibikes, golf carts, and motorized watercraft.
Nighttime.
The continuous time period between 10:00 p.m. and 7:00 a.m.
Noise disturbance.
Any sound which:
(1) 
Endangers or injures the health or safety of humans or animals;
(2) 
Annoys or disturbs a reasonable person of normal sensitivities; or
(3) 
Endangers or injures personal or real property.
Public space.
Any real property or structures owned or controlled by a governmental entity.
Sound level meter.
An instrument which includes a microphone, amplifier, output meter, and weighing networks for the measurement of sound pressure. The output meter reads sound pressure level when properly calibrated, and the instrument is of the type two or better, as specified in the American National Standards Institute Publication section 1.4-1983.
Vibration.
A temporal and spatial oscillation or displacement, velocity, or acceleration in a solid material.
Vibration perception threshold.
The minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(Ordinance 031219 adopted 5/14/19)
No person within the town shall create, generate, emanate, make, continue or cause to be made or continued, any loud, unnecessary or unusual noise that annoys, disturbs, distresses, injures, or endangers the comfort, repose, convenience, health, peace, or safety or any person of ordinary sensibilities within the town.
(Ordinance 031219 adopted 5/14/19)
(a) 
Maximum decibel levels.
No person shall cause, allow or permit the making of a noise, in the city limits or the city’s extraterritorial jurisdiction, which exceeds 100 dBa during the daytime or 70 dBa during the nighttime as measured pursuant to subsection (b)(1) herein. A violation of this section is hereby declared a nuisance.
(b) 
Noise measurement.
Measurement of noise pursuant to this article shall be in accordance with this section.
(1) 
Method of measurement.
Noise shall me measured with a sound level meter meeting the standards prescribed by the American Standards Association. The measuring instruments shall be maintained in calibration and good working order. Prior to taking a measurement of the noise in question, the environment shall be observed to determine whether background noise is so close to the level of the sound being measured rendering a proper measurement impossible. Measurements recorded shall be taken so as to provide a proper representation of the noise being measured. The microphone shall be screened from wind and water and otherwise used in accordance with the manufacturer’s specification.
(2) 
Location of measurement.
Measurement of noise shall be taken upon city police having had their attention drawn to noise on view. Measurement of noise may also be taken from the real property line of the person alleging a violation of this article close to the point of origin of the noise.
(3) 
Any sounds determined to not be readily subject to objective decibel measurement is thus subject to evaluation by whether the sound disturbs a reasonable adult of ordinary sensibilities.
(Ordinance 031219 adopted 5/14/19)
The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this section:
(1) 
Vehicles.
(A) 
Horns, signaling devices.
The sounding of any horn or signaling device on any motor vehicle within the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for any unnecessary and unreasonable period or time; the use of any horn, whistle, or other device operated by engine exhaust. This section does not apply to authorized emergency vehicles, which may use warning sounds.
(B) 
Engine exhausts.
The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, motor vehicle, including motorized watercraft, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(C) 
Defect from vehicle or load.
The use within the city of any motor vehicle so out of repair or loaded in such a manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling, jarring noise or vibration.
(2) 
Construction, repairing of buildings.
The creation (including excavating), demolition, alteration, or repair of any building with the city, other than between the hours of seven o’clock (7:00 a.m.) and ten o’clock (10:00 p.m.), except in urgent necessity in the interest of public health and safety, and then only with a permit from the city, which permit may be granted up to three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days while the emergency continues.
(3) 
Pile drivers, hammers.
The operation within the city, other than between the hours of seven o’clock (7:00 a.m.) and ten o’clock (10:00 p.m.), of any pile driver, power shovel, pneumatic hammer, or other appliance, the use of which is attended by loud or unusual noises.
(4) 
Mechanically powered tools.
The operation within the city, other than between the hours of seven o’clock (7:00 a.m.) and ten o’clock (10:00 p.m.), of any noise-creating powered saw, sander, lawn or garden tools, blower, power fan, snow blower, drill, grinder, or other device, the operation of which causes loud disturbing noise.
(5) 
Loudspeakers, amplifiers, paging systems.
The playing, using, operating, or permitting to be played, used or operated any music player, radio receiving set, television, electronic device, musical instrument, phonograph, loudspeaker, sound amplifier, for producing or reproducing of sound which is cast upon the public streets of the city.
(6) 
Yelling, shouting.
Yelling, shouting, hooting, whistling, or singing on the public streets of Ransom Canyon between the hours of 10 o’clock (10:00 p.m.) and seven o’clock (7:00 a.m.) or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons within the city.
(7) 
Animals, birds.
The keeping of any animal or fowl that creates any bark, cry, howl, crow or other sound on a frequent, repetitive or continuous basis for 10 minutes or longer that disturbs the quiet, comfort or repose of persons of ordinary sensibilities in the immediate vicinity thereof.
(8) 
Parks.
It shall be unlawful for any person to use, operate or allow to be used or operated any device for the production of amplified sound in a town public park without prior written approval from the city.
(Ordinance 031219 adopted 5/14/19)
(a) 
Exceptions.
The provisions of this article shall not apply to:
(1) 
The town or any public utility;
(2) 
Sound generated by an emergency vehicle for the purposes of alerting persons to an emergency;
(3) 
Sound produced by duly authorized officers, agents, or employees of a government, business, or agency in the performance of a governmental function; or
(4) 
Sound generated at or by a parade route during a lawful and permitted parade, a scheduled civic or sporting event, an outdoor festival celebration, or a musical, movie, or theatrical production sponsored, co-sponsored, or authorized by the city.
(b) 
Variances.
The city may grant variances from the technical application of this article upon finding that:
(1) 
The activity, operation, noise, or vibration will be of temporary duration and cannot reasonably be done in a manner that will comply with this article;
(2) 
No reasonable alternative is available to the application;
(3) 
The variance is not contrary to the public interest; and
(4) 
Due to special circumstances, a literal enforcement of this article would result in undue hardship (which does not necessarily include financial hardship).
(Ordinance 031219 adopted 5/14/19)
Any unreasonable loud, disturbing noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. Additionally, any noise of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes, property owner’s association facilities, and government facilities by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereby prohibited.
(Ordinance 031219 adopted 5/14/19)
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00) per offense. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 031219 adopted 5/14/19)
Nothing in this article shall be construed a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty up to $500.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action for compliance with this article; and
(3) 
Other available relief.
(Ordinance 031219 adopted 5/14/19)