It shall be the policy of the city to minimize exposure of citizens
to the psychological and physiological harm of excessive noise and
to protect, promote, and preserve the public peace, health, comfort,
convenience, safety and welfare. It is the intent of the city to control
noise in a manner that promotes commerce; protects the sleep and repose
of citizens; promotes the use, value, and enjoyment of property; and
preserves the quality of the environment.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-100)
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. All technical terminology
not defined in this article shall be interpreted in conformance with
applicable American National Standards Institute (ANSI) noise specifications.
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 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 A-weighted sound level exceeded ninety
(90) percent of the time (L90), based on a measurement period that
shall be neither less than ten (10) minutes nor more than thirty (30).
means the police chief for the city.
means a logarithmic unit of measure used in describing the
amplitude of sound, denoted as dB.
means any mechanism that is intended to produce, or which
actually produces, noise when operated or handled.
means 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.
means any vehicle propelled by mechanical power, such as,
but not limited to, any passenger car, truck, truck-trailer, semi-trailer,
camper, motorcycle, minibike, go-cart, or racing vehicle.
means 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.
means any sound that is unwanted or which causes, or tends
to cause, an adverse psychological or physiological effect on human
beings.
means:
Tenth percentile level: The A-weighted sound pressure level
that is exceeded ten (10) percent of the time in any measurement period
(such as the level that is exceeded for one (1) minute in a ten-minute
period), denoted as L10.
Ninetieth percentile level: The A-weighted sound pressure level
that is exceeded ninety (90) percent of the time in any measurement
period (such as the level that is exceeded for nine minutes in a ten-minute
period), denoted as L90.
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 that separates the real property owned or occupied by one
person from that owned or occupied by another person.
means 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.
means the weighted sound pressure level measured by the use
of a metering characteristic and weighted as specified in ANSI. The
sound pressure level of a sound expressed in decibels is twenty (20)
times the logarithm to the base ten (10) of the ratio of the pressure
of the sound to the reference sound pressure of twenty (20) micropascals.
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
means 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 levels when properly calculated with an acoustical
calibrator accurate to one (1) dB and is Type 1 or Type II as specified
in ANSI S1.4-1971, or the latest approved revision thereof.
means those zoning districts established by the city zoning
ordinance.
means a temporal and spatial oscillation of displacement,
velocity, or acceleration in a solid material.
means 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.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-101)
Sound level measurements shall be made with a sound level meter,
Type II or better, using the A-weighting network in accordance and
conforming to the noise measurement standards promulgated by the American
National Standards Institute.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-102)
(a)
It
shall be an offense for any person to operate or permit to be operated,
on property he or she owns, occupies or otherwise has the right to
control, any stationary sources of sound that create a tenth percentile
level (L10) or a ninetieth percentile sound level (L90) that exceeds
the limits set forth in the following table for the receiving land
use districts when measured five (5) feet above the property boundary.
For the purpose of this article, a measurement period shall not be
less than ten (10) minutes nor more than sixty (60) minutes.
|
LIMITING SOUND LEVELS IN dBA
| ||
|---|---|---|
|
|
(L10)
|
(L90)
|
|
Residential
|
|
|
|
7:00 a.m - 10:00 p.m.
|
65
|
55
|
|
10:00 p.m. - 7:00 a.m.
|
60
|
50
|
|
Sunday: 7:00 a.m. - 9:00 a.m.
|
60
|
50
|
|
Commercial/Agricultural
|
|
|
|
7:00 a.m. - 10:00 p.m.
|
72
|
62
|
|
10:00 p.m. - 7:00 a.m.
|
67
|
57
|
|
Industrial
|
|
|
|
7:00 a.m. - 10:00 p.m.
|
85
|
75
|
|
10:00 p.m. - 7:00 a.m.
|
85
|
75
|
(b)
It
shall also be an offense for any person to operate or permit to be
operated, on property he or she owns, occupies or otherwise has the
right to control, if the noise standards above plus twenty (20) decibels
are exceeded at any time in a measurement period. When a noise source
can be identified and its noise measured in more than one (1) land
use category, the limits of the most restrictive use shall apply at
the boundary and within the most restrictive land use category.
(c)
It shall also be an offense for any person to create any unreasonably loud, irritating, vexing or disturbing sound which causes distress, annoyance, discomfort or injury to or which interferes with the comfort or repose of any person of ordinary sensibilities in the vicinity of hearing thereof, or any sound which endangers the physical wellbeing of humans or animals, or any sound which endangers or injures persons or real property. For the purposes of this subsection, any noise which exceeds the limitations set forth in subsections (a) and (b) of this section is presumed to be unreasonable.
(d)
It shall be an offense for any person to use or cause to be used or to permit to be used or operated, on property he or she owns, occupies or otherwise has the right to control, any device that creates vibration which is above the perception threshold of any individual at or beyond the property boundary of the source if on private property, or at fifty (50) feet from the source if on a public space or right-of-way, or that is perceptible within a business or residence the person causing or allowing the vibration has no right to occupy. For the purposes of this subsection, any noise which exceeds the limitations set forth in subsections (a) and (b) of this section is presumed to be unreasonable.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-103)
(a)
Specific noises, including, but not limited to, the following, shall be prohibited subject to the provisions of section 8.04.004:
(1)
Operating or permitting to be operated any radio receiving set, musical
instrument, television, phonograph, drum, or other machine or device
for the production or reproduction of sound in such a manner as to
violate the sound levels as listed above or which unreasonably disturbs
or interferes with the peace, comfort, and repose of neighboring persons
of ordinary sensibilities.
(2)
Operating or permitting to be operated any loudspeaker or sound-amplifying
equipment in a fixed or movable position mounted upon any street,
alley, sidewalk, park, place, or public property in such a manner
as to violate the sound levels as listed above or which unreasonably
disturbs or interferes with the peace, comfort, and repose of neighboring
persons of ordinary sensibilities.
(3)
The use of mechanical loudspeakers or sound amplifiers on trucks
or other moving vehicles for the purpose of advertising any show,
sale or display of merchandise in such a manner as to be offensive
to the ordinary sensibilities of inhabitants of the city and as to
interfere with the public peace and comfort or make the enjoyment
of life or property uncomfortable.
(4)
The playing of any radio, television, phonograph, stereo, drum, musical
instrument or other similar devices in such an unreasonable manner,
or at such an unreasonable volume, as to disturb the peace, quiet,
comfort or repose of persons of ordinary sensibilities in any dwelling,
apartment, hotel, or other type of residence, or any place of business
in the immediate vicinity thereof.
(5)
Owning, keeping, possessing, or harboring any animal or fowl that, by frequent or habitual noise-making, violates the sound levels as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities. The provisions of this subsection shall apply to all public and private facilities, including any animal shelter or commercial kennel that holds or treats animals. Enforcement of this article with respect to unreasonable noises created by such animals is subject to the provisions of section 3.01.007 of this Code of Ordinances (Noisy animals).
(6)
Noise from use-related loading or unloading operations that impact
residential areas other than between the hours of 7:00 a.m. (9:00
a.m. on Sundays) and 10:00 p.m.
(7)
Operating or permitting to be operated any equipment used in commercial
construction, blasting, and repair, alteration, or demolition work
on buildings, structures, streets, alleys, or appurtenances thereto
that exceeds the sound level for an industrial use as set forth above,
measured on the property line of the receiving land use, or which
unreasonably disturbs or interferes with the peace, comfort, and repose
of neighboring persons of ordinary sensibilities.
(8)
Operating or permitting to be operated any power equipment in residential
zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following
day (or 9:00 a.m. on Sundays), or which unreasonably disturbs or interferes
with the peace, comfort, and repose of neighboring persons of ordinary
sensibilities.
(9)
The intentional sounding or permitting the sounding outdoors of any
fire, burglar, or civil defense siren, alarm, whistle, or similar
stationary emergency signaling device for more than five (5) minutes
during any consecutive sixty-minute period or so as to violate the
sound levels as listed above except for those exemptions outlined
herein.
(10)
The blowing of any steam whistle attached to any stationary boiler
with an unreasonable frequency and at an unreasonable volume, except
to give notice of the time to begin or stop work or as a warning of
danger.
(11)
The discharge into the open air of the exhaust of any stationary
steam engine, stationary internal combustion engine or motorboat engine,
except through a muffler or other device which will effectively and
efficiently prevent unreasonably loud noises.
(12)
The discharge into the open air of the exhaust from any motor vehicle
except through a muffler, or other device, which will effectively
and efficiently prevent unreasonably loud noises.
(13)
The use of any mechanical device operated by compressed air, unless
the noise to be created thereby has been effectively muffled and reduced.
(14)
The erection, including excavation, demolition, alteration, or repair,
of any building in or adjacent to a residential area other than between
the hours of 7:00 a.m. and 10:00 p.m. (9:00 a.m. on Sundays), except
in the case of urgent necessity in the interest of public safety.
(15)
The creation of unreasonably loud, disturbing and unnecessary noise
on any street adjacent to any school or other institute of learning,
place of religious worship, or court which is in session, or adjacent
to any hospital or nursing home.
(16)
The shouting and crying of peddlers, hawkers, and vendors at a level
that violates the sound levels as listed above or which unreasonably
disturbs or interferes with the peace, comfort, and repose of neighboring
persons of ordinary sensibilities.
(17)
The use of any drum, or other instrument, or sound-amplifying equipment
for the purpose of attracting attention, by the creation of noise,
to any performance, show, or sale or display of merchandise or to
attract customers to any place of business 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 as to interfere with the public peace and comfort or make
the enjoyment of life or property uncomfortable.
(18)
The mechanical cleaning or sweeping of paved areas so as to violate
the sound levels as listed above, except for those exemptions outlined
herein.
(19)
Relating to the use or operation of motor vehicles: The use of any
automobile, motorcycle, streetcar, bus, or vehicle so out of repair,
or so loaded, that emits or makes loud and raucous noise; operating
or causing to be operated any motor vehicle unless the vehicle is
equipped with an exhaust system which includes a tailpipe and resonator
where the original vehicle design included a tailpipe and resonator;
operating a motor vehicle in such a 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; the sounding of any horn
or signal device on any motor vehicle, except as a danger signal,
as required by law; or operating or causing to be operated any motor
vehicle so as to violate the sound levels for the receiving land use
as listed above or which unreasonably disturbs or interferes with
the peace, comfort, and repose of neighboring persons of ordinary
sensibilities.
(20)
The operation of any radio, tape player, cassette player, compact
disc player, digital video disc player or any machine or device for
reproducing sound from or near a motor vehicle, other than an authorized
emergency vehicle, in such a manner that the sound can be heard at
a radius distance of fifty (50) feet or more from the vehicle, or,
when operated, causes a person to be aware of the vibration accompanying
the sound at a distance of fifty (50) feet from the source. In the
prosecution of an offense under this section, it shall be presumed
that the following persons are causing, permitting or allowing the
operation of the sound amplification system:
(A)
Any operator or owner of the vehicle present at the time of the offense;
(B)
An owner or tenant of the property present at the time of the offense;
and
(C)
An absent owner or tenant who has not taken reasonable and prudent
steps to prevent violations of this article on the property upon which
the violation occurred.
(21)
No vehicle shall be equipped with, and no person shall use upon a
vehicle, any bell, siren or compression or exhaust whistle, except
that vehicles operated in the performance of duty by law enforcement
officers, the fire department and ambulances may attach and use a
bell, siren or compression or exhaust whistle.
(b)
For the purposes of this section, any noise which exceeds the limitations set forth in section 8.04.004(a) and (b) is presumed to be unreasonable.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-104)
The city’s police department shall have primary responsibility
for the provisions of this article.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-105)
The chief or his/her designee shall evaluate all applications
for permits of variance from the requirements of this article and
may grant such variances with respect to time for compliance, subject
to such terms, conditions, and requirements as the chief may deem
reasonable to achieve compliance with 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 variance
or permit, the chief shall consider the magnitude of nuisance caused
by the offensive noise; the uses of property within the area of impingement
by the noise; the time factors related to the 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 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-106)
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 police department,
under the direct supervision of the chief, 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
reasonably suspected of violating any provision of this article.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-107)
It shall be a defense to the prosecution of any offense under
this article if the noise or the activity complained of is as follows:
(1)
The
operation of properly maintained residential-type heating, ventilating,
and/or air conditioning devices (if within sound levels specified
by the manufacturer or similar to sound levels produced by equivalent,
adjacent devices).
(2)
Sound
caused in the performance of emergency or public service work including
law enforcement, fire, emergency medical services and public utility
operations, acting to protect the health, safety, or welfare of the
community.
(3)
The
unamplified human voice in the normal course of residential activities,
such as children playing, etc.
(4)
Railway
locomotives and cars.
(5)
Aircraft
operations.
(6)
The
use of bells or chimes in conjunction with places of religious worship.
(7)
Sounding
or permitting the sounding of any fire, burglar or civil defense alarm,
siren, whistle or similar stationary or emergency signaling device
for the purpose of alerting persons to the existence of an emergency,
the emission of sound in the performance of emergency work, or for
testing.
(8)
Occasional
outdoor gatherings, public dances, parades, shows, and sporting and
entertainment events, provided that the events are conducted pursuant
to a permit or license issued by the city relative to the staging
of the events.
(9)
The
use of lawn maintenance equipment between the hours of 7:00 a.m. (9:00
a.m. on Sundays) and 10:00 p.m.
(10)
Repair of a personal use vehicle between the hours of 7:00 a.m. (9:00
a.m. on Sundays) and 10:00 p.m.
(11)
Home repair of a place of residence between the hours of 7:00 a.m.
(9:00 a.m. on Sundays) and 10:00 p.m.
(12)
Loading and unloading operations that impact residential areas, between
the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-108)
If a person engages in conduct that would otherwise violate
this article but consists of speech or other communication, of gathering
with others to hear or observe such speech or communication, or of
gathering with others to picket or otherwise express in a nonviolent
manner a position on social, economic, political or religious questions,
the person must be ordered to move, disperse or otherwise remedy the
violation prior to arrest or citation. Said order may be given by
a peace officer, a firefighter, or a person with authority to control
the use of the premises.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-109)
Any private citizen may enforce compliance with this article by filing a complaint in the municipal court of the city, prosecution of which will be at the sole discretion of the city attorney’s office. Any person, firm, company, partnership, corporation or association violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009, and each and every day’s continuance of any violation of this article shall constitute and be deemed a separate offense.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-110; Ordinance adopting 2021 Code)
