Ambient noise.
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
excluding the alleged offensive sound, constituting the normal or
existing level of environmental noise at a given location, at the
time of comparison with the alleged offensive sound.
Bounding real property line.
An imaginary line at the ground and its vertical extension
which separates the real property owned or occupied by one person
from that owned or occupied by another person.
Construction.
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action, excluding demolition, for or on public
or private rights-of-way, structures, utilities or similar property.
Decibel (dB).
A unit for measuring the volume of a sound, equal to twenty
times the logarithm to the base ten of the ratio of the pressure of
the sound measured to the reference pressure, which is twenty micropascals
(twenty micronewtons per square meter).
Land use district.
Those classifications established by city code (i.e., the
term “residential” means all residential classifications;
the term “commercial/agricultural” means all commercial
and/or agricultural classifications; and the term “industrial”
means all industrial classifications). For purposes of this article,
planned development districts shall be considered as residential,
commercial or industrial according to the primary use.
Noise.
Any sound which:
(1)
Arises from a commercial enterprise which is susceptible to
objective metered measurement and exceeds the objective decibel standard
set forth in this article; or
(2)
Does not arise from a commercial enterprise or is not susceptible
to objective metered measurement and which disturbs a reasonable person
of ordinary sensibilities so as to cause an adverse psychological
or physiological effect on humans.
Public property.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley,
or other similar place which is owned or controlled by a governmental
entity.
Sound level.
The instantaneous sound pressure level measured in decibels
obtained by the use of a sound level meter set for A-weighting, unless
otherwise noted.
Sound level meter.
An instrument for the measurement of sounds that is sensitive
to pressure fluctuations and which meets American National Standard
Institute standards or most recent revision thereof for sound level
meters, or an instrument and the associated recording and analyzing
equipment which will provide equivalent data, and shall be of Type
II or better as so specified in ANSI Publication S1.4-1971 or its
successor body.
(a) Sound standards.
It shall be a violation of this article
for any person to operate or permit to be operated any stationary
source of sound which creates a sound level which exceeds 65 dba when
measured at the bounding real property line. For the purpose of enforcing
these provisions, a measurement period shall not be less than one
(1) minute or more than ten (10) minutes. This standard shall apply
to all property within the city limits unless otherwise specifically
provided for herein, or specifically exempted from its application.
(b) Method of sound measurement.
Sound measurements shall
be made with a sound level meter, Type II or better, using the A-weighting
network unless otherwise noted. For the purpose of enforcing this
provision, sound measurements shall not be less than one (1) minute
or more than ten (10) minutes and shall be measured from the complainant’s
bounding real property line. Violations shall be determined based
on the average reading in said measurement period. All measurement
levels shall be exclusive of any ambient sound that exists at the
time of the measurement.
(Ordinance 14-028 adopted 4/22/14)
The following sounds are hereby determined to not be readily
subject to objective decibel measurement and thus subject to evaluation
by whether the sound disturbs a reasonable adult of ordinary sensibilities
so as to cause an adverse psychological or physiological effect. A
decibel level measurement shall not be required for the enforcement
of this subsection. This subsection is intended to apply to, but is
not limited to, unreasonable sounds in the form of:
(1) Radios, television sets, musical instruments or other similar devices.
The playing of any radio, television, musical instrument or
other similar device in such manner as to violate the decibel levels
described herein or with such volume as to annoy or disturb the quiet,
comfort or repose of persons of ordinary sensibilities, in any house,
apartment, dwelling, hotel or other type of residence.
(2) Exterior loudspeakers.
Operating or permitting to be
operated any loudspeaker or sound amplifying equipment in a fixed
or movable position mounted upon any vehicle in or upon any street,
alley, sidewalk, place, public, and/or private property for the purpose
of commercial advertising, giving instructions, directions, talks,
addresses, lectures, or transmitting music to any persons or assemblages
or persons in such a manner as to violate the sound levels as listed
in this article or which unreasonably disturbs or interferes with
the peace, comfort, and repose of neighboring persons of ordinary
sensibilities unless a permit of variance is first obtained.
(3) Loudspeakers.
The use of any loudspeaker or sound amplifying
equipment for the purpose of commercial advertising, giving instructions,
directions, talks, addresses, lectures, or transmitting music to any
persons or assemblages of persons in such a manner as to violate the
sound levels as listed herein or which unreasonably disturbs or interferes
with the quiet, comfort, or repose of neighboring persons of ordinary
sensibilities unless a permit of variance is first obtained.
(4) Vehicular sound amplification systems.
Operating or
controlling any sound device which is part of, or connected to, any
radio, stereo receiver, compact disc player, cassette tape player,
digital audio or video device, or other similar device in a motor
vehicle, in such a manner that it:
(A) As audible at a distance of thirty feet (30') or more from the source;
or
(B) Causes a person to be aware of the vibration accompanying the sound
at a distance of thirty feet (30') or more from the source; or
(C) Is audible in a neighboring vehicle secured by sealed windows; or
(D) Causes a person in a neighboring vehicle secured by sealed windows
to be aware of the vibration accompanying the sound.
(5) Enclosed places of public entertainment.
Operating or
permitting to be operated in any place of public entertainment any
loudspeaker or other source of sound which produces, at a point that
is normally occupied by the customer, maximum sound pressure levels
of 100 dbA as read with the slow response on a sound level meter,
unless a conspicuous and legible sign is posted near each public entrance
stating: “WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING
IMPAIRMENT.” This provision shall not be construed to allow
the operation of any loudspeaker or other source of sound in such
manner as to violate the sound levels as listed herein.
(6) Animals.
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 ten (10) minutes or longer that disturbs the
quiet, comfort or repose of persons of ordinary sensibilities in the
immediate vicinity thereof.
(7) Horns or other signaling devices.
The continued or frequent
sounding of any horn or other signal device on any automobile or other
vehicle except as a danger or warning signal.
(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 City of Greenville public park without an approved facility reservation agreement as provided in section A16.04.001 and section A16.04.004 of the fee schedule in appendix
A to this code and an amplified sound permit. Approval of the facility reservation agreement and/or amplified sound permit may be determined by the director of parks and recreation or his or her designee.
(9) Institutions of learning, worship and hospitals.
The
creation of any excessive or unreasonable noise on any street or premises
adjacent to any school, place of religious worship, or other institution
of learning while the same is in session, or any hospital, which unreasonably
interferes with the operation or use of any such institution.
(Ordinance 16-007 adopted 2/9/16)
The following activities and sounds shall be exempt from the
requirements herein:
(1) Activities conducted on public parks property with an approved facility reservation agreement as provided in section A16.04.001 and A16.04.004 of the fee schedule in appendix
A to this code and an amplified sound permit available from the parks and recreation department office, public or private school grounds, including, but not limited to, school athletic and school entertainment events conducted during the hours of 7:00 a.m. to 10:00 p.m.;
(2) Occasional outdoor gatherings, public events, shows or sporting events
conducted during the hours of 7:00 a.m. to 10:00 p.m., provided the
events are conducted pursuant to a permit or license issued by the
appropriate jurisdiction relative to the staging of such events;
(3) Sounds generated by any governmental body and its contractors in
the performance of a governmental function;
(4) Noncommercial public speaking and public assembly activities conducted
on any public space or public right-of-way, provided that if loudspeakers
are used the decibel levels comply with the standards herein;
(5) Emergency signaling devices. The intentional sounding or permitting
the sounding outdoors of any fire, burglar, or civil defense alarm,
siren, whistle or similar emergency device to the extent reasonably
required;
(6) Any activity to the extent regulation thereof has been preempted
by state or federal law. This exemption specifically includes all
activities at the Greenville Majors Field Airport;
(7) Any sound within the maximum decibel level permitted by this article
produced by a commercial enterprise;
(8) Amplified jingles or music used on vehicles to attract patrons that
are operated by ice cream vendors are hereby exempt between the hours
of 10:00 a.m. and 9:00 p.m. Such amplified jingles or music shall
not be done in a loud manner so as to be offensive to the ordinary
sensibilities of a reasonable and prudent person. Amplified jingles
or music shall also be turned off while a sale is in progress; and
(9) Music entertainment in the central area zone district from 7:00 a.m.
to midnight at a decibel level of 85 dba or fewer and from midnight
to 7:00 a.m. at a decibel level of 65 dba or fewer as measured with
a sound-level reader using the A-level weighting scale with slow response
and measured at the property line.
(Ordinance 14-028 adopted 4/22/14; Ordinance 14-055 adopted 8/26/14; Ordinance
15-065 adopted 11/10/15)
Construction and construction-related activities within the
city limits or the extraterritorial jurisdiction (ETJ) of the city
shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through
Friday and 8:00 a.m. to 7:00 p.m. on Saturday. Reasonable working
hours outside of this limit will be allowed only after receiving written
permission from the city manager or his designee. There shall be no
construction allowed on Thanksgiving Day, Christmas Day or New Year’s
Day. The construction related activity includes, but is not limited
to, the maintenance, servicing and fueling of construction equipment.
The delivery of construction-related materials and/or construction
equipment shall be limited to the hours noted in this article. It
is the responsibility of the developer/contractor to use good judgment
when scheduling work in construction zones, located in close proximity
to residence, schools, churches, businesses, and the like. This is
to ensure that citizens are not subjected to undesirable or excessive
construction noise. At locations where voluntary compliance is not
being observed, the city may issue written orders to stop work or
further regulate site construction working hours if site work is being
done outside the above-noted defined time guidelines or is interfering
with the reasonable tranquility of a neighborhood. The city may also
issue citations if it is determined that a violation of this article
exists.
(Ordinance 14-028 adopted 4/22/14)
The provisions of this article shall be enforced primarily by
Greenville Code Enforcement Officers or the Greenville Police Department.
(Ordinance 16-007 adopted 2/9/16)
A person who violates this article is guilty of a separate offense
for each day or part of day the violation is committed, continued,
or permitted. Each offense, upon conviction, is punishable by a fine
not to exceed $2,000.00 per violation.
The city manager or his designee shall evaluate all applications
for permits of variance from the requirements of this article and
may grant said variances with respect to time for compliance, subject
to such terms, conditions, and requirements as the city manager may
deem reasonable to achieve compliance with the provisions of this
article. Each such variance shall set forth in detail the approved
method of achieving compliance and a time schedule for its accomplishment.
In determining the reasonableness of the terms of a proposed permit
or variance, the city manager shall consider the magnitude of nuisance
caused by the offensive noise, the uses of property within the area
or impinged by the noise, the time factors related to study, design,
financing, and construction of remedial work, the economic factors
related to age and useful life of the equipment, and the general public
interest and welfare.
(Ordinance 14-028 adopted 4/22/14)