Authorized emergency vehicle.
Vehicles of the fire department, police vehicles, public and private ambulances for which permits have been issued by the state board of health, emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private vehicles operated by volunteer fireman or certified emergency medical employees or volunteers while answering a fire alarm or responding to a medical emergency, and vehicles operated by blood banks or tissue banks, accredited or approved under the laws of the state or the United States, while making emergency deliveries of blood, drugs or medicines, or organs.
Decibel.
A logarithmic unit of measure used in describing the amplitude of sound, denoted as dB.
Device.
Any mechanism which is intended to produce, or actually produces, noise when operated or handled.
Director.
The director of the community development department or his/her designee.
Emergency work.
Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent danger.
Gross combination weight rating (GCWR).
The value specified by the manufacturer as the recommended maximum loaded weight of a combination vehicle in a case where trailer and tractor are separable.
Gross vehicle weight rating (GVWR).
The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle.
Motor vehicle.
Any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semitrailer, camper, motorcycle, minibike, go-cart, dune buggy, or racing vehicle.
Muffler.
Any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a significant reduction in sound emission.
Noise.
Any sound which is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings.
Person.
Any individual, firm, association, partnership, corporation or any other entity, public or private.
Property boundary.
An imaginary line at the ground surface and its vertical extension which separates the real property owned or occupied by one person from that owned or occupied by another person. In a multifamily dwelling or other multi-tenant structure, the property boundary shall be the wall between a noise source and a neighboring tenant.
Public and private projects.
Any activity other than the construction or alteration of a single-family dwelling that requires a building permit from the building inspection department.
Public right-of-way.
Any street, avenue, boulevard, highway, alley, or similar place, which is owned or controlled by a public governmental entity.
Public service work.
Work conducted by a governmental entity in the interest of the community.
Sound.
A temporal or 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.
Sound level meter.
An instrument, which includes a microphone, amplifier, RMS detector and 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 +1 dB and is of type I or type II as specified in ANSI S1.4-1971 or the latest approved revision thereof.
Stationary sound source.
Any device or motor vehicle, fixed or movable, which is located or used on property other than a public right-of-way.
Use district.
Those zoning districts established by the city zoning ordinance.
Vibration.
A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.
Vibration perception threshold.
The minimum ground or structure-borne vibrational motion necessary to cause a 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.
(2006 Code, sec. 30-52; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
The noise control program required by this article shall be administered by the community development department.
(2006 Code, sec. 30-53; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
Sound level measurements shall be made with a sound level meter, type II or better, using the A-weighting network, in accordance and conforming with the noise measurement standards promulgated by the American National Standards Institute.
(2006 Code, sec. 30-54; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
The police department shall have primary enforcement responsibility for the provisions of this article. In addition, any private citizen may enforce compliance with this article by filing a complaint in the municipal court of the city, which complaint shall be prosecuted forthwith.
(2006 Code, sec. 30-61; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
In order to implement and enforce this article, and for the general purpose of noise and vibration abatement and control, the duly appointed and authorized representative of the community development department, under the direct supervision of the director, shall have the power to make necessary inspections and tests with proper authorization or permission from the owner on any private or public property or place and/or stop any motor vehicle or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provisions of this article and issue a notice of violation and/or abatement order.
(2006 Code, sec. 30-62; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
Any written agreement, purchase order or instrument whereby the city is committed to the expenditure of funds in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing shall not be entered into unless such agreement, purchase order, or instrument contains provisions requiring that equipment and activities which are subject to the provisions of this article will be operated, constructed, conducted, or manufactured without causing violation of this article.
(2006 Code, sec. 30-63; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
Any person, firm, company, partnership, corporation or association violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than the maximum amount permitted by law for each such conviction.
(2006 Code, sec. 30-64; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
It shall be unlawful for any person to make, cause to be made or allow any unreasonably loud, disturbing noise in the city which is offensive to the ordinary sensibilities of inhabitants of the city, which noise renders the enjoyment of life or property uncomfortable or interferes with the public peace and comfort.
(2006 Code, sec. 30-51; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
It shall be a violation of this article for any person to operate or permit to be operated any stationary source or sources of sound which create or creates a sound level, as measured in decibels, in any residential use zone or within 300 feet of any residential use zone greater than 50 decibels between the hours of 9:00 p.m. and 7:00 a.m. the following day. It shall also be a violation of this article for any person to operate or permit to be operated any stationary source or sources of sound which create or creates a sound level, as measured in decibels, in any commercial use zone greater than 60 decibels between the hours of 9:00 p.m. and 7:00 a.m. the following day. For the purpose of enforcing these provisions, a measurement period shall not be less than ten minutes or more than 30 minutes. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category.
(2006 Code, sec. 30-55; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
(a) 
It shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify, amplify or reproduce the human voice or any other sound on any public street within the corporate limits of the city. The use of a loudspeaker is allowed with the approval of a block party permit.
(b) 
It shall be unlawful for a person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify, amplify or reproduce the human voice or to produce, or reproduce, intensify or amplify any other sound in any building or any premises in the city, whereby the sound therefrom is cast directly upon a public street or which is so placed or operated that the sounds therefrom can be heard to the material disturbance of travelers on any streets or public places, or of persons in the neighboring premises.
(c) 
Amplifiers used on vehicles operated by ice cream and snow-cone vendors to produce jingles or music to attract children as patrons are exempt from this article. However, such amplified jingles or music shall not be produced by said vendors in a loud manner offensive to the ordinary sensibilities of inhabitants of the city or in such a manner so as to interfere with public peace or comfort. Nor shall such amplified jingles or music be produced between 9:00 p.m. and 7:00 a.m. on the following morning.
(d) 
The use and operation of an amplified mechanical bell system in connection with the use and occupancy of a permanent church structure within the city is exempt from this section. However, such systems shall not be used or operated in a manner as to be offensive to ordinary sensibilities of inhabitants of the city or in such a manner as to interfere with the public peace and comfort.
(e) 
The purpose of this section is to prevent any noise in or near any public street which is reasonably calculated to disturb the peace and good order of the neighborhood or of persons owning, using or occupying property adjacent to such public streets.
(f) 
The city manager and/or his designee shall have the authority, upon request, to waive the application and enforcement of the provisions of this section and authorize the use or operation of any mechanical or electrical device, machine, apparatus or instrument to intensify, amplify or reproduce the human voice, or any other sound, on any public street within the corporate limits of the city or in any building or any premises in the city. In granting such permission, the city manager and/or his designee may impose whatever restrictions he deems necessary to ensure that the primary intent of this section shall be enforced. Under no circumstances may a permit be issued for the amplification of sound in a loud manner offensive to ordinary sensibilities of inhabitants of the city or in such a manner as to interfere with public peace and comfort.
(2006 Code, sec. 30-56; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
The following acts, among others, are declared to create loud, disturbing noises, in violation of this article, but such enumeration shall not be deemed to be exclusive:
(1) 
Animals.
Owning, keeping, possessing or harboring any animal or animals which, by frequent or habitual noise-making, unreasonably disturb or interfere with the use, comfort and repose of neighboring persons of ordinary sensibilities. The provisions of this article shall apply to all public and private facilities, including any animal shelter, commercial kennel, or veterinary clinic, which hold or treat animals.
(2) 
Radios, television sets, musical instruments and similar devices.
Operating or permitted to be operated any radio receiver set, musical instrument, television, phonograph, stereo, drum machine or device in such a manner as to unreasonably disturb or interfere with the peace, comfort and repose of neighboring persons of ordinary sensibilities.
(3) 
Exterior loudspeakers.
Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted on any vehicle in or upon any street, alley, sidewalk, park, place or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, or lectures, or transmitting music to any person or persons or assemblages of persons in such a manner as to be offensive to the ordinary sensibilities of inhabitants of the city and so as to interfere with the public peace and comfort or make the enjoyment of life or property uncomfortable.
(4) 
Construction work.
Operating or permitting to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(5) 
Power equipment.
Operating or permitting to be operated any power equipment in residential zones outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(6) 
Powered model or mechanical devices.
Flying of model aircraft powered by internal combustion engines, whether tethered or not, or the flying or operating of model rocket vehicles or similar noise-producing devices, in a residential area between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(7) 
Refuse collection.
The collection of garbage, waste, or refuse between the hours of 10:00 p.m. and 6:00 a.m. the following day in any area zoned residential, or within 300 feet of an area zoned residential.
(8) 
Horns or signal devices on vehicles.
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger signal, and as may be required by the law, if another vehicle is backing, starting or turning in such a way as to likely cause a collision.
(9) 
Motor vehicles out of repair.
The use of any automobile, motorcycle or other vehicle so out of repair, or so loaded, which emits or creates loud grating, grinding or rasping noise.
(10) 
Motor vehicle exhaust.
The discharge into the open air of the exhaust of any motor vehicle except through a muffler, or other device, which will effectively and efficiently prevent loud and unusual noises and annoying smoke.
(11) 
Peddlers, hawkers and vendors.
The raucous shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(12) 
Concrete batch plants.
The operation of concrete batch plants shall be limited to between the hours of 8:00 a.m. to 6:00 p.m. weekdays. Concrete batch plants are not allowed to operate on city designated holidays and weekends. A waiver of this requirement may be submitted to the city manager or his/her designee for review under special circumstances. Special circumstances could include, but are not limited to, the size of a concrete pour or extreme heat.
(2006 Code, sec. 30-57; Ordinance 09-05-798, sec. 2, adopted 5/18/09; Ordinance 11-01-869, sec. 2, adopted 1/4/11)
(a) 
Limitation of sound levels.
No person shall drive or move or permit to be driven or moved a motor vehicle or combination of motor vehicles at any time on a public right-of-way under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the sound limits set forth in the table below for the appropriate category of motor vehicle. Measurements shall be made at a distance of 25 feet (seven and five-tenths meters) for class 1 and class 2 vehicles, measured from the near side of the nearest lane being monitored at a height of at least four feet above the immediate surface.
Motor Vehicle and Motorcycle Sound Limits
Vehicle Class
Posted Speed Limit 40 mph or Less
Class 1. Any motor vehicle, motorcycle, or combination of vehicles towed by any motor vehicle with a GVWR or GCWR less than 10,000 pounds
80 dB
Class 2. Any motor carrier vehicle with a GVWR or GCWR of 10,000 pounds or more
96 dB
(b) 
Exhaust system modifications.
No person shall operate or cause to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe or resonator where the original vehicle design included a tailpipe and resonator. Such exhaust system shall be:
(1) 
Equipped with a muffler which is in good working order (free of damage to the baffles contained in the muffler) and is in constant operation; and
(2) 
Not equipped with any cutout, bypass or similar device.
(c) 
Tires.
It is unlawful for any person to operate a motor vehicle in such manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, provided that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section.
(d) 
Off-highway motor vehicles.
No person shall operate or permit to be operated any motorized vehicle off a public right-of-way in such a manner as to exceed the sound levels as listed in this section at the receiving property boundary.
(2006 Code, sec. 30-58; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
All airport, airpark, and/or aircraft operations within the city must be conducted in all respects in accordance with or pursuant to applicable laws and regulations of the U.S. Environmental Protection Agency and the U.S. Department of Transportation Federal Aviation Administration.
(2006 Code, sec. 30-59; Ordinance 09-05-798, sec. 2, adopted 5/18/09)
Sound caused in the performance of emergency or public service work, including public utility operations, acting to protect the health, safety, or welfare of the community shall not be subject to the provisions of this article. Nothing in this section, however, shall be construed to permit law enforcement, ambulance, fire or other public service personnel to make excessive noise in the performance of their duties when such sound is clearly unnecessary.
(2006 Code, sec. 30-60; Ordinance 09-05-798, sec. 2, adopted 5/18/09)