[1]
Editor's note—Ordinance 281, secs. 1-5, adopted April 18, 1994, did not specifically amend this Code; hence, inclusion as Art. IX, Div. 2, secs. 11-181-11-185, was at the discretion of the editor. The user's attention is also directed to secs. 11-16 and 11-17 of this chapter and in the event of conflict it is presumed that the more recent provisions shall prevail.
It is hereby declared to be the policy of the City of El Lago to minimize the exposure of citizens to the harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare. It is the express intent of the city council to control the level of noise in a manner which promotes the use, value, and enjoyment of property and preserves the quality of the environment.
(Ordinance 281, sec. 1, adopted 4/18/94)
All technical language used in this division, not defined in this section, shall be interpreted in conformance with applicable American National Standards Institute (ANSI) Noise Specifications, including, but not limited to, Section 1.1, 1960 and Section 1.4, 1971.
means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.
means the sound level of the all encompassing sound associated with a given environment, being usually a composite of sounds from many sources. It is also the average A-weighted instantaneous sound level exceeded based on a measurement period which shall not be less than fifteen (15) seconds or more than two (2) minutes.
shall mean the city council of the City of El Lago, or their duly appointed representative.
means the logarithmic unit of measure used in describing the amplitude of sound; denoted as dB. A unit for measuring the volume of a 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) micropascals (20 micronewtons per square meter).
means any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
means any sound which causes sound levels which exceed the maximum sound levels established by this division.
means any individual, firm, association, partnership, corporation or any other entity, public or private.
means an imaginary line at the ground surface and its vertical extension which separates the real property owned or occupied by one (1) person from that owned or occupied by another person.
means any street, avenue, boulevard, highway, alley or similar place which is owned or controlled by a public governmental entity.
means any property outside the real property boundary of the sound source.
means any property used for noncommercial purposes as a place of abode or residence by any person and including single-family residential uses, two-family residential uses and multiple-family residential apartment, condominium or townhouse uses.
means a temporal and spatial oscillation in pressure, or other physical quantity in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
means that sound which exceeds the ambient, or baseline, sound and which is measured so as to determine whether or not a noise violation has occurred. It is also the A-weighted sound level measurement.
means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, section 1.4, 1971. The sound pressure level of a sound expressed in decibels is twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference sound pressure of twenty (20) micropascals. If the frequence weighting employed is not indicated, the A-weighting shall apply.
means an instrument, which includes a microphone, amplifier, RMS detector, integrator, time averager, output meter and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure level when properly calibrated with an acoustical calibrator accurate to two (2) dBA and is of Type II so specified in ANSI Publication, section 1.4 1971.
means any device, fixed or movable, which is located or used on property other than a public right-of-way.
means those districts established by the City of El Lago Zoning Ordinance.
(Ordinance 281, sec. 2, adopted 4/18/94)
(a)
Maximum permissible sound levels by receiving real property.
(1)
No person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table I, subsection (b), of this section when measured at or within the property boundary of the receiving use. Sound levels in excess of said limits shall constitute “noise disturbance violations.”
(2)
No person who owns, operates, manages, leases, or who otherwise is in lawful control of residential or commercial premises shall authorize or permit any other person to operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table I, subsection (b), of this section when measured at or within the property boundary of the receiving use. Sound levels in excess of said limits shall constitute “noise disturbances.”
(b)
Maximum sound levels.
TABLE I. MAXIMUM SOUND LEVELS | ||
|---|---|---|
Receiving Real Property | Time | Deviation Above Ambient Sound Levels (baseline) |
Residential real property | From 7:00 a.m. to 9:00 p.m. any day of the week | +10 dBA |
From 9:00 p.m. to 7:00 a.m. any day of the week | +5 dBA | |
Other property | At all times | +10 dBA |
(c)
Exemptions.
The provisions of this division shall not apply to:
(1)
Holiday fireworks displays conducted or supervised by the city.
(2)
The unamplified human voice.
(3)
Church bells or similar calls to worship and outdoor religious services conducted on recognized religious holidays, including but not limited to Easter Sunrise Services.
(4)
Fire alarms, burglar alarms, sirens, or warning devices of an emergency nature.
(5)
Lawn care devices operated between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. and 7:00 p.m. Saturdays and Sundays; and air conditioners, home heating units, or other devices used to cool, heat or purify the air in a residence operated any time.
(d)
[Sound disturbances controlled by other laws.]
Impulsive sound disturbances such as the discharge of firearms or the unauthorized and/or unsupervised detonation of fireworks and noise emanating from boats on waterways and vehicles on roadways shall be and are governed by the provisions of other city ordinances and state statutes and are specifically exempted from the provisions of this division.
(Ordinance 281, sec. 3, adopted 4/18/94; Ordinance 417, sec. 2, adopted 3/19/14)
(a)
The Lakeview Police Department shall administer and enforce this division. In order to implement said enforcement any city police officer may:
(1)
Make necessary inspections and tests to determine whether compliance is achieved or a noise disturbance is caused, created, or has been or is being authorized or permitted.
a.
Measurement of sound may be made, as applicable, with a sound level meter or with an octave band analyzer meeting the standards prescribed by the American National Standards Institute (ANSI).
A calibration check may be made annually and after the time a citation is issued.
Sound measurements shall be obtained in a manner that provides proper representation of the sound in question. A microphone windscreen shall be used when necessary to avoid interference from the wind. The instrument shall be positioned at arms length or positioned on a stationary tripod with the microphone positioned in such a manner that will avoid any unnatural enhancement or diminution of the sound in question. Traffic, aircraft, and other sound shall not be considered except in instances where they interfere with the sound of interest or ambient samples.
To establish a representative sound sample for each condition, at least three (3) sound measurements should be taken within a fifteen-minute period. Sound samples shall be obtained specifically during sound producing and non-producing or ambient conditions.
Ambient sound pressure level shall be obtained in the same manner as described above during periods of ambient conditions. Ambient sound pressure levels shall be obtained as soon as possible and at the same location used to obtain sound pressure levels of the sound of interest.
b.
The city or its designated agents or representatives may inspect from time to time any installation, premises, equipment, devices and appurtenances thereto that may, can or do cause sounds or vibrations and the city may take measurements and make analysis of such sound or vibration. Where directed, the owner shall provide assistance in obtaining normal operating conditions during periods of measurement.
c.
The city may order the owner, lessee or any agent of any source of sound and/or vibration which may be or is in excess of that permitted by this chapter or the regulations adopted hereunder to furnish such information, plans, specifications, analysis, performance data and tests or examinations as will disclose the nature, effects, extent, quantity, watts or degree of sound or vibration which are or may be discharged from such source.
(2)
Cause the immediate abatement or lowering of said noise disturbance by the issuance of an appropriate order.
(3)
Warn the operators of sound devices and/or the owners, managers, lessors, or any other persons lawfully in control of the use of residential or commercial property to abate a noise disturbance or be penalized hereunder as a violator of this ordinance.
(4)
File a complaint in municipal court.
(b)
The city council shall evaluate all applications for permits of variance from the requirements of this article and may grant said variances. The city council shall consider the magnitude of nuisance caused by the offensive noise and the uses of property within the area of impingement by the noise.
(Ordinance 281, sec. 4, adopted 4/18/94)
Any person who violates any provision of this division shall be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day any such violation is committed or permitted to continue shall constitute a separate offense; however, a first offender of this division shall not be fined more than five hundred dollars ($500.00).
(Ordinance 281, sec. 5, adopted 4/18/94)