The word “person,” as used in this article, shall
include corporations, companies, societies, associations and churches.
It is the expressed intent of the city to minimize the exposure
of persons to excessive noise and to protect, promote and preserve
the public health, comfort, convenience, safety and welfare. It is
also the express intent of the city to control the level of noise
in a manner which promotes commerce; protects the sleep and repose
of citizens; promotes the use, value and enjoyment of property; and
preserves the quality of the environment.
Any unreasonably loud, disturbing, irritating, or raucous noise which either exceeds the maximum permitted sound levels specified in section
8.04.006(1) or otherwise causes material distress, discomfort or injury to persons of reasonable nervous sensibilities and of ordinary tastes, habits, and modes of living, originating from a nearby property, is hereby declared to be a noise nuisance and is prohibited.
No person, while on public or private grounds adjacent to any
hospital or to any building in which a school or any class thereof
is in session, shall willfully make or assist in the making of any
noise or diversion which disturbs or tends to disturb the peace or
good order of such school session, class, or hospital.
The following acts, among others, are declared to be noise nuisances
in violation of this article, but said enumeration shall not be deemed
to be exclusive:
(1) The
playing of any radio, phonograph, compact disc player, amplifier,
sound system, musical instrument, or other machine or device for the
production or reproduction of sound, on any private or public property
in the city, and in such manner or with such volume as to annoy or
disturb the quiet, comfort or repose of persons of reasonable nervous
sensibilities and of ordinary tastes, habits, and modes of living
in any dwelling, hotel or other type of residence.
(2) The
use of any stationary loudspeaker or sound amplifier of such intensity
that annoys and disturbs the quiet, comfort or repose of persons of
reasonable nervous sensibilities and of ordinary tastes, habits, and
modes of living in the immediate vicinity thereof.
(4) The
continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus, streetcar or other vehicle except as
a danger or warning signal; the creation by means of any such signal
device of any unreasonably loud or harsh device for any unnecessary
and unreasonable period of time.
(5) The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(6) The
use of any mechanical device operated by compressed air, unless the
noise to be created is effectively muffled and reduced.
(7) The
erection, including excavation, demolition, alteration or repair work
on any building other than between the hours of 7:00 a.m. and 7:00
p.m. on weekdays, except in case of urgent necessity in the interest
of the public safety and convenience, and then only by permission
from the city council.
(8) The
use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention by the creation of noise to any performance,
show or sale of merchandise, in such a way as to disrupt the quiet,
comfort or repose of persons of reasonable nervous sensibilities.
(Ordinance 2011-04, sec. 2, adopted 3/24/11; Ordinance adopting Code)
In determining whether a noise is loud, unnecessary, unusual,
or disrupts the quiet, comfort or repose of persons of reasonable
nervous sensibilities, the following factors shall be considered:
(1) Noises
in excess of 80 decibels between 7:00 a.m. and 7:00 p.m. and 75 decibels
between 7:00 p.m. and 7:00 a.m. as measured by a calibrated decibel
meter, discernable at any location beyond the property line of the
property on which the noise is being generated, shall be deemed reasonably
calculated to disrupt the comfort of persons of reasonable nervous
sensibilities;
(2) Proximity
to residential properties;
(3) Whether
the noise is recurrent, intermittent, or constant;
(4) Whether
the noise has been enhanced in volume or range by any type of electronic
or mechanical means; and
(5) Whether
the noise is subject to being controlled without unreasonable effort
or expense to the creator thereof.
It shall be unlawful for any person to create, maintain or cause
any ground or airborne vibration which is perceptible without instruments
at any point on any affected property adjoining the property or in
the near vicinity of the property in which the vibration source is
located.
A violation of this article shall be considered a class C misdemeanor and shall be punishable by a fine as provided in section
1.01.009 of this code. Each hour that the violation continues shall constitute a separate offense.
This article shall not apply to:
(1) 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;
(2) Noise
generated at a scheduled stadium event by parade spectators and participants
on the parade route during a city-permitted parade;
(3) Noise
generated by outdoor celebration participants sponsored or cosponsored
by the city for the general welfare of the public;
(4) Noise
produced solely for the purpose of encouraging citizen participation
in elections;
(5) Officers
and employees of the city, the county, the state, the United States
or any official governmental entity when such noise is being used
by such officer or employee while engaged in his/her official duty.
(Ordinance adopting Code)