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:
Noise nuisance
means any unreasonably loud, disturbing or unnecessary noise that causes material distress, discomfort or injury to a reasonable person of ordinary sensitivity in the immediate vicinity thereof, and/or any noise of such character, intensity and continued duration that substantially interferes with the comfortable enjoyment of private homes by reasonable persons of ordinary sensitivity.
(Ordinance 582, sec. III(A)(2), adopted 2/28/12)
It shall be unlawful for any person to make, assist in making, continue or allow or cause to be made or continued within the limits of the city, and within 5,000 feet beyond the city limits, any noise nuisance.
(Ordinance 582, sec. III(A)(1), adopted 2/28/12)
The following activities are declared to be a prima facie noise nuisance in violation of section 16-20 and are unlawful:
(1) 
Animals, birds.
The keeping or maintenance, or the permitting to be kept or maintained, upon any premises owned, occupied or controlled by any person of any animal or bird that by frequent, habitual or continued noise unreasonably disturbs or interferes with the peace, comfort or repose of a reasonable person of normal sensitivity within the immediate vicinity. In any prosecution for a violation of this subsection, the fact that any loud animal noise has disturbed any person and has occurred in an area zoned for residential use either:
a. 
During nighttime hours; or
b. 
When none of the residents who reside in the place where the animal or bird is being kept are at home;
shall create a rebuttable presumption that such noise was in violation of this section. The city animal control officer is hereby authorized to enforce this subsection.
(2) 
Construction.
The alteration or repair work of any building or other structure, construction, excavation, or demolition, other than between the hours of 6:00 a.m. and 8:00 p.m. on Monday through Saturday and between the hours of 9:00 a.m. and 8:00 p.m. on Sunday, except in the case of urgent necessity or in the interest of public safety and convenience, and then only with written permission from the city manager or designee.
(3) 
Firearms and fireworks.
The explosion of firecrackers, skyrockets, Roman candles, pinwheels or any other form of fireworks or the shooting of any firearms, except as specifically authorized by law or the proper official.
(4) 
Horns and signaling devices.
The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except when necessary to ensure safe operation, or the creation by means of any horn or signaling device of an unreasonably loud or harsh sound or a whistle.
(5) 
Peddlers.
The raucous shouting and crying of peddlers, hawkers and vendors within any area of the city zoned for residential uses.
(6) 
Radios, loudspeakers, musical instruments.
The playing of any radio, television, phonograph, computer, loudspeaker, megaphone, amplifier, or musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensitivity in any dwelling, hotel, or other type of residence.
(7) 
Schools, courts, churches, libraries, hospitals, rest homes, long-term medical or mental care facilities.
The creation of any excessive noise on any street or sidewalk adjacent to any school, institution of learning, court, church or library while the same are in use or adjacent to any hospital, rest home, or longterm medical or mental care facility, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the occupants of such institutions.
(8) 
Vehicles.
The operation or testing of any automobile, motorcycle, motor boat, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations.
(9) 
Heavy equipment.
The operation or testing of heavy equipment such as trucks, earth moving equipment, motor-driven pumps or compressors and any other loud equipment in such a manner as to produce noise that is a nuisance to residential areas except as otherwise permitted in this article.
(10) 
Yelling, shouting, etc.
Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place, so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of ordinary sensitivity in any office, or in any dwelling, hotel or other type of residence.
(11) 
Engine brakes and altered muffler system.
The use or operation of an unmuffled auxiliary or compression engine brake in a posted area on a street or highway on which such use is prohibited that produces any noise in addition to the normal operating engine noise within the city. This provision shall not be construed to prohibit the use of braking mechanisms by emergency vehicles while in the performance of their official or normal duties. This provision is not intended to prohibit the passage of vehicles equipped with engine or “Jake brakes” in posted areas but rather to prohibit the use of unmuffled engine or “Jake brakes” in posted areas.
(Ordinance 582, sec. III(B), adopted 2/28/12)
The following defenses shall apply to violation of section 16-20:
(1) 
Emergency, danger.
The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger or attempted crime.
(2) 
Emergency personnel and vehicles.
The sound was produced by police or fire personnel or an authorized emergency vehicle.
(3) 
Utilities and protection.
The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger following a fire, accident or natural disaster.
(4) 
Events and First Amendment.
The sound was generated:
a. 
At a lawfully scheduled stadium event;
b. 
By a parade and spectators and participants on the parade route during a permitted parade;
c. 
By spectators and participants at lawfully scheduled outdoor events;
d. 
By spectators and participants of any outdoor event, fun run, race, festival or concert that was sponsored, co-sponsored or permitted by the city; or
e. 
At any lawful activity that constitutes protected expression pursuant to the First Amendment to the United States Constitution.
(5) 
Bells and chimes.
a. 
Church, school and clocks.
The sound was produced by bells or chimes or any device used for the production or reproduction of the sounds of bells or chimes from any church when used as part of a religious observance or service, or from any clock or school, which is used during daytime hours, and which does not exceed five continuous minutes in duration in any one-hour period.
b. 
Ice cream vending machines.
The sound was produced by bells or chimes or any device used for the production or reproduction of the sound of bells or chimes from any ice cream vending machine during daytime hours.
(6) 
Property maintenance.
The sound was produced by operating or permitting the operation of any mechanically powered saw, chainsaw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used during daylight hours when the sound is being produced for the maintenance or upkeep of the property on which it is operated.
(7) 
Permitted sound.
The sound was produced in accordance with a permit issued under section 16-24.
(Ordinance 582, sec. III(C), adopted 2/28/12)
(a) 
In addition to the violations established by the sections of this article, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible beyond the property on which the sound is being generated that when measured as provided in this article exceeds 85 dB(A) during daytime hours and 70 dB(A) during nighttime hours.
(b) 
Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth is a violation of this article. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this article shall be prima facie evidence of a sound nuisance that causes material distress, discomfort or injury to a reasonable person of ordinary sensitivity in the immediate vicinity thereof in violation of this article.
(c) 
Regardless of the measurable dB(A) level established above and measured as provided by this article, the generation of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to experience physically detectable sound, vibrations or resonance at a distance of 50 feet from the source of the sound (measured as set forth below) caused by the sound shall also be prima facie evidence of a sound that causes material distress, discomfort or injury to a reasonable person of ordinary sensitivity in the immediate vicinity thereof in violation of this article.
(d) 
Whenever portions of this article prohibit sound over a certain decibel limit, measurement shall be made with a Type 1 or Type 2 calibrated sound level meter using the A-weighting scale and the slow meter response as specified by the American Standards Association. Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used. Traffic, aircraft, and other transportation noise shall not be considered in taking measurements except where such background noise interferes with the noise being measured and cannot reasonably be distinguished from the primary noise. Measurements of sound generated shall be taken from the curb line of the nearest public street to the property where the sound is generated and taken toward the source of the sound. In the event that there is not at least 50 feet of distance from the building in which sound is being generated and from which sound is being measured, then measurements shall be taken from the street curb line opposite the said building of the nearest public street to the property where the sound is generated.
(Ordinance 582, sec. III(D), adopted 2/28/12)
(a) 
The city manager or his designee may grant permits for relief from any provision of this article on the basis of undue hardship in cases where:
(1) 
The sound source will be of short duration and the activity cannot be conducted in a manner that complies with this article;
(2) 
Additional time is necessary for the applicant to alter or modify the applicant’s activity or operation to comply with this article; or
(3) 
No reasonable alternative is available to the applicant.
(b) 
An automatic variance will be granted without the payment of a permit fee for the purpose of conducting parades or other public events, provided that any noise disturbance created by such activity will be abated when such request is made by the city manager or his designee.
(c) 
The city manager or his designee may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects and may suspend any permit issued under this section for violating any provisions prescribed in the permit.
(d) 
A fee of $10.00 shall be charged to each applicant for processing permit applications.
(Ordinance 582, sec. III(E), adopted 2/28/12)
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(1) 
Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code. An offense under this article is a Class C misdemeanor.
(2) 
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to, the following:
a. 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
b. 
A civil penalty up to $100.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
c. 
Other available relief.
(Ordinance 582, sec. III(F), adopted 2/28/12; Ordinance 619, sec. II(F), adopted 9/10/13)