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 terminology used in this article not defined in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI), or its successor body.
Ambient sound pressure level.
The all-encompassing sound associated with a given environment, being usually a composite of sound from all sources, excluding the alleged offensive sound, at the location and approximate time at which a comparison with the alleged offensive sound is to be made.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration or similar action, excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
Cyclically varying noise.
Any sound which varies in sound level such that the same level is obtained repetitively at relatively uniform intervals of time.
Decibel (dB).
A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
Demolition.
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Device.
Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Director.
The mayor or his duly appointed representative.
Emergency vehicle.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Energy equivalent sound level (Leq).
The sound level corresponding to the average sound energy during a specified period of time. Its calculation involves the conversion of decibels (a logarithmic quantity) to corresponding intensities (a linear quantity), performing the averaging, and finally changing the average back to decibels.
Impulsive sound.
Sound characterized by a peak less than one second in length, an abrupt onset, a rapid decay, and a peak sound level which exceeds the ambient sound pressure level by 20 dB(A) or more.
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.
Noise.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise disturbance.
Any unreasonably loud or disturbing noise which is offensive to a reasonable adult person within the city, which noise renders the enjoyment of life or property unreasonably uncomfortable, or which interferes with individual or public peace and comfort taking into account the time of day and existing circumstances.
Noise maximum.
The maximum Leq permitted within the use districts and other areas of the city as set forth in section 8.03.006 of this article.
Property boundary.
An imaginary line exterior to any enclosed structure, at the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person.
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 similar place which is owned or controlled by a governmental entity.
Pure tone.
Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this article, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
Quiet zone.
Property on which a school, hospital, clinic or other noise-sensitive facility is operated.
Repetitive impulse sound.
Any sound which is composed of impulsive sounds that are repeated at sufficiently slow rates such that a sound level meter set at the “fast” meter characteristic will show changes in sound pressure level greater than ten dB(A).
Sound level.
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter.
An instrument for the measurement of sound, including a microphone, amplifier, RMS detector and integrator, time averager, output meter and weighted networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calibrated and is of type H [type II] or better so specified in ANSI publication S1.4-1971 or its successor body.
Sound pressure level.
Expressed in decibels, 20 times the logarithm to the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
Stationary sound source.
Any device, fixed or movable, which is located or used on property other than a public right-of-way.
Use districts.
Those districts as established and set forth by the city’s zoning ordinance. Planned development districts, for the purposes of this section, shall be considered as residential, commercial or industrial districts according to the primary use.
Vibration.
An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point.
(Ordinance 450-10, sec. 1, adopted 9/27/10)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance 450-10, sec. 9, adopted 9/27/10)
In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief or any other relief at law or in equity for any and all violations of the provisions of this article.
(Ordinance 450-10, sec. 10, adopted 9/27/10)
The mayor or the mayor’s designated representative (referenced herein as the “director”) will have enforcement responsibility for this article.
(Ordinance 450-10, sec. 2, adopted 9/27/10)
(a) 
In order to implement and enforce this article and for the general purpose of sound and vibration abatement and control, the director shall have the authority to, upon presentation of the proper credentials, make necessary inspections and tests with the proper authorization or permission from the owner on any private property or place.
(b) 
Sound level measurement shall be made with a sound level meter type II or better using the A-weighting network in accordance and conforming to the noise measurements standards promulgated by the American National Standards Institute or its successor body.
(Ordinance 450-10, sec. 3, adopted 9/27/10)
(a) 
The following noise standards, unless otherwise specifically indicated, shall apply to all property with [within] a designated land use district:
Use District
Time of Day
(Maximum) Energy Equivalent Sound Levels (Leq)
Residential
7:00 a.m. to 10:00 p.m.
62 dB(A)
10:00 p.m. to 7:00 a.m.
52 dB(A)
Office, retail and commercial
7:00 a.m. to 10:00 p.m.
67 dB(A)
10:00 p.m. to 7:00 a.m.
62 dB(A)
Industrial
Anytime
70 dB(A)
(b) 
It shall be unlawful for any person at any location to produce noise within the city, or to allow the creation of any noise within the city on or from property owned, leased, occupied or otherwise controlled by such person, that exceeds the noise maximum for each use district or other area as set forth in this section:
(1) 
The noise maximum in any measurement period not less than 15 minutes.
(2) 
The noise maximum, plus 15 dB(A), in any one-minute average of a measurement period.
(3) 
The noise maximum, plus 20 dB(A), at any time in a measurement period.
(c) 
For the purposes of this section, a measurement period shall not be less than 15 minutes.
(d) 
The noise maximums established in this section for residential districts shall also apply to all quiet zones.
(e) 
If the ambient sound pressure level exceeds an applicable noise maximum, the ambient sound pressure level shall be the sound level that is measured for enforcement purposes.
(f) 
If a stationary sound source produces noise continuously and cannot reasonably be discontinued or stopped for a time period whereby the ambient sound pressure level can be determined, then such noise combined with any ambient sound pressure level shall be measured directly against the noise maximums set forth in this section.
(g) 
Correction for character of sound. For any stationary sound source which emits a pure tone, cyclically varying noise or repetitive impulse sound, the noise maximums shall be reduced by five dB(A). Notwithstanding compliance with this subsection, it shall be a violation for any person to operate or permit to be operated a stationary sound source which emits a pure tone, cyclically varying noise, or repetitive impulse sound which creates a noise disturbance.
(h) 
When the use district designation of the property on which the source of sound originates differs from the designation of the property on which the sound is measured, the maximum permissible sound level of the more restrictive use district designation shall apply.
(i) 
For sound emitted on or from public property, the measurement distance shall be 50 feet (15 meters) outside of any property boundary of the public property, and the noise maximum for the use district from where the noise is measured shall apply.
(j) 
This section sets forth certain per se violations of this article that occur when a noise exceeds the noise maximums as measured by a sound level meter operated by the director or the director’s designee. However, this section is not intended to and does not limit the ways in which violations for creating noise or allowing noise may occur or be experienced, observed, measured, enforced or prosecuted.
(Ordinance 450-10, sec. 4, adopted 9/27/10)
(a) 
No person shall allow, make or cause to be made any noise disturbance in the city, and all such noise ordinances [disturbances] not properly permitted are declared to be a nuisance.
(b) 
The following nonexclusive list of activities are declared to be a nuisance in violation of this article if such activities or acts cause a noise disturbance within the city, unless a permit of variance as provided in section 8.03.009 of this article is first obtained, namely:
(1) 
Animals.
Owning, keeping, possessing or harboring any animals that make noise.
(2) 
Radios, television sets, musical instruments, amplifiers and similar devices; use of drum, loudspeaker, etc., for attracting attention.
Using, operating or permitting to be played, used or operated any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound. The operation of any such radio, instrument, phonograph, television set, machine, loudspeakers or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 200 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise so as to attract customers to any place of business.
(3) 
Loudspeakers or other devices on moving vehicle.
The use of mechanical devices, loudspeakers, sound amplifiers or other instruments or devices on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise.
(4) 
Yelling or other vocal noise.
Yelling, screaming, shouting, crying, hooting, yelping, whistling, singing, or other vocal noise created by any person(s).
(5) 
Loading operations.
The loading or unloading of any vehicle between the hours of 10:00 p.m. and 7:00 a.m. the following day on any premises in a residential district, or within 500 feet of any the [sic] property boundary of any residential property.
(6) 
Construction work.
Operating or permitting to be operated in a nonresidential district any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto. Operating or permitting to be operated in a residential district, or within 500 feet of any residence, any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, and/or the erection, including excavation, demolition, alteration or repair, of any building in a residential district, or within 500 feet of any residence, at times other than between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturday and Sunday.
(7) 
Vehicle repairs or testing.
The repairing, rebuilding, modifying or testing of any motor vehicle (including, without limitation, off-road vehicles and motorcycles) or watercraft on private property, on a public right-of-way, on a public space, on or within 500 feet of a residential use district or a quiet zone, between the hours of 7:00 p.m. and 7:00 a.m. the following day.
(8) 
Impulsive sounds.
Causing impulsive sound, including but not limited to the use of fireworks, explosives, or the firing of guns or other explosive devices in such a manner as to cause a noise disturbance. This is not intended to repeal or modify any existing ordinances prohibiting such acts and in the event of any conflict the most restrictive regulations shall apply.
(9) 
Malfunctioning motor vehicle, residential or other alarms.
Causing or allowing a motor vehicle alarm, residential alarm, or other alarm with audible sirens, horns or other devices to operate in a condition that causes repetitive or continuous false alarms due to malfunction or hypersensitivity.
(10) 
Powered model mechanical devices.
The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar devices, between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(11) 
Refuse compacting vehicles.
Operating or permitting to be operated any refuse compacting, processing or collection vehicle or parking lot sweeper between the hours of 10:00 p.m. and 7:00 a.m. the following day in any residential district, or within 500 feet of any residence.
(12) 
Creating noise in quiet zone.
Creating a noise on any street adjacent to any school, hospital, clinic or other noise-sensitive facility, when conspicuous signs are located at such streets indicating that schools, hospitals, clinics or other noise-sensitive facilities are adjacent thereto.
(13) 
Vibration.
Using or causing the use of any device that creates any ground vibration which is perceptible without instruments at any point on or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way.
(14) 
Stationary nonemergency signaling devices.
Sounding or permitting the sounding of any electronically activated or amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place for more than five minutes during any consecutive 60-minute period.
(Ordinance 450-10, sec. 5, adopted 9/27/10)
(a) 
The following sources of potentially excessive sound shall be exempt from noise control regulation:
(1) 
Safety signals, storm-warning sirens or horns and the testing of such equipment, emergency vehicle sirens or horns used when responding to an emergency, and emergency pressure relief valves.
(2) 
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.
(3) 
Sounds caused by natural phenomena.
(4) 
Activities conducted on public parks, public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events.
(b) 
Neither the city, nor its employees or representatives acting within the scope of authorized duties, are subject to the regulations in this article.
(Ordinance 450-10, sec. 6, adopted 9/27/10)
(a) 
The director is authorized to grant written permits for relief from any provision of this article in the following situations:
(1) 
The noise will be of short duration and the activity cannot be conducted in a manner as to comply with this article.
(2) 
It is reasonable to allow additional time as necessary for a person to alter or modify their activity or operation to comply with this article.
(3) 
No reasonable alternative is available to the applicant and the harm to others is temporary and de minimus.
(b) 
An automatic variance will be granted without the payment of permit fees 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 a city official authorized to enforce this article.
(c) 
The mayor or designated representative may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects of noise created pursuant to a permit of variance and may suspend any permit issued for abuse or violating any provisions prescribed in the permit of variance.
(d) 
A fee shall be charged to each applicant for processing permit applications. Fee schedules shall be approved and provided by city council ordinance.
(Ordinance 450-10, sec. 7, adopted 9/27/10)
(a) 
Any applicant who has been denied a permit of variance or any permittee whose permit has been suspended shall have the right to a hearing before the city council.
(b) 
Requests for a hearing shall be made in writing and received by the director within ten days of the date of the denial or the issuance date of the notice of suspension or the appeal is waived. The director shall schedule a hearing before the city council within 30 days of receipt of the request.
(c) 
The city council shall have the authority to review all pertinent files and information regarding the applicant/permittee which are in the custody of the director and the applicant/permittee. Additionally, the city council shall have the authority to accept written and verbal testimony from the director, the applicant and interested citizens.
(d) 
The city council shall have the authority to assess whether the director acted properly and with authority under this article in denying or suspending a permit. The majority vote of the city council shall determine whether to uphold or reject the director’s action. Upholding the action of the director shall affirm the denial or suspension. Rejection of the director’s action shall automatically reinstate a suspended permit.
(e) 
No person whose permit has been denied or suspended shall create or allow the creation of the noise in dispute prior to final determination by the city council.
(Ordinance 450-10, sec. 8, adopted 9/27/10)