[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 53 of the 2000 Code. Amendments noted where applicable.]
For use in this chapter, the following terms are defined:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dBA.
Any property which is zoned for any commercial use as defined in Chapter 340, Zoning.
The implements used in an operation or activity, or everything
except personnel needed to build, to repair, or to erect.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
The device or combination of devices that collects the exhaust
from the engine or motor, delivers the exhaust to the atmosphere and
reduces the noise emissions. "Exhaust system" includes manifold or
headers, exhaust pipe, muffler, and tail pipe.
The implements used in an operation or activity, or everything
except personnel needed for cultivation or production of crops of
any nature, or raising of any type of animal embraced within the term
"livestock."[1]
Any property zoned for any industrial use as defined in Chapter 340, Zoning.
Every vehicle which is self-propelled.
For purposes of this chapter, means any transmission of sound
across a real property boundary from a source specifically limited
by this chapter, which exceeds the sound level limits set forth in
Table 1 entitled "Maximum Permissible Sound Levels From Limited Sources
by Receiving Land Use."
|
Table 1
Maximum Permissible Sound Levels From Limited Sources By Receiving
Land Use
| ||
|---|---|---|
|
Zoning Category of Receiving Land Use
|
Legal Time
|
Sound Level Limit
(dBA)
|
|
Residence district
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
|
60
50
|
|
Commercial district
|
At all times
|
65
|
|
Industrial district
|
At all times
|
75
|
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
For purposes of this chapter, the use or occupancy of the
property which receives the transmission of sound.
Any property on which is located a building or structure
used wholly or partially for living or sleeping purposes. This definition
does not include park custodial residences or school or college dormitories.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
which cause compression and rarefaction of that medium. The description
of sound may include any characteristic of sound, including duration,
density, and frequency.
The weighted sound pressure level contained by the use of
the sound level meter and A-weighting network, such as a, b or c as
specified in American National Standards Institute Specifications
for Sound Level Meters, ANSI S1.4. If the frequency weighting employed
is not indicated, the A-weighting shall apply.
[Amended 3-23-2023 by Ord. No. 23-02]
An instrument used to measure sound pressure.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared sound pressure to the reference pressure of
20 micropascals.
For purposes of this chapter, where either word appears,
shall be deemed to include the words "intended, designed, or arranged
to be used or occupied."
[1]
Editor's Note: The definition of "gross vehicle weight rating,"
which immediately followed this definition, was repealed 3-23-2023 by Ord. No. 23-02.
[Ord. No. 01-32]
A.
The following sound sources are
limited by this chapter:
(1)
No
person shall perform, create, cause or permit a radio, television
set, musical instrument or any other device to produce, reproduce
or amplify sound to create a noise which is audible at a distance
of 200 feet from such device when operated on or in a motor vehicle.
[Ord. No. 17-19]
(2)
No person shall operate a
motor vehicle radio or other equipment to emit sound through a motor
vehicle radio or other sound system if the sound emitted is plainly
audible for more than 200 feet from the vehicle.
[Ord. No. 17-19]
(3)
Every motor vehicle must at
all times be equipped with a muffler and exhaust system in good working
order and in constant operation to prevent excessive noise or annoying
smoke. The following constitutes evidence of rebuttable presumption
of a violation of this section:
[Ord. No. 17-19]
(a)
The use of a muffler cutout,
bypass, non-original equipment exhaust system without a muffler, or
other similar device upon a motor vehicle upon a street;
(b)
Equipment marked with either
"off-road use" or "not for street use";
(c)
Excessive revving and/or
acceleration which can be heard at a distance of at least 200 feet;
or
(d)
The operation of a vehicle
making excessive noise so as to be audible at a distance of at least
200 feet from the motor vehicle.
(4)
Animals and birds. No person
shall own, possess or harbor any animal or bird which frequently or
for continued duration emits sounds native to the species which are
a noise disturbance.
(5)
Radios, televisions, phonographs,
etc. No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound at a sound level which creates a noise disturbance. Church or
clock carillons, bells or chimes, parades or processions (provided
the conditions of the permit are met), mobile radio or telephone signal
devices and sanctioned racing events are all excepted from the provisions
of this subsection.
(6)
Lawn equipment. No person
shall use or operate or permit the use or operation of a power lawn
mower, power trimmer, leaf blower, leaf vacuum, garden tiller or other
gasoline or electric-powered device intended for mowing, trimming
or working on a lawn or garden between the hours of 10:00 p.m. and
7:00 a.m. the following morning if such use or operation creates a
noise disturbance as defined in this chapter. No person shall use
or operate or permit the use or operation of a gasoline-powered lawn
or garden equipment which does not have a muffler if such use or operation
creates a noise disturbance as defined by this chapter.
[Ord. No. 04-17]
(7)
Chain saws. No person shall
use or operate or permit the use or operation of a power chain saw
between the hours of 10:00 p.m. and 7:00 a.m. the following morning
if such use or operation creates a noise disturbance as defined in
this chapter.
(8)
Solid waste collection and/or
hauling equipment. No person shall use, operate or permit the use
or operation of any solid waste collection and/or hauling equipment
between the hours of 10:00 p.m. and 7:00 a.m. the following morning
if such use or operation creates a noise disturbance as defined in
this chapter.
(9)
Construction equipment. The
operation of construction equipment between the hours of 7:00 a.m.
to 10:00 p.m. shall not be subject to the limitations set out in Table
1 of this chapter.[1] However, no person shall use or operate or permit the
use or operation of construction equipment between the hours of 10:00
p.m. and 7:00 a.m. the following morning if such use or operation
creates a noise disturbance as defined in this chapter.
[Ord. No. 04-14]
B.
Exemptions.
(1)
Official vehicles. Governmental,
Police Department and Fire Department equipment, public utility company
equipment, railroad company equipment and emergency vehicles such
as ambulances and helicopters are exempt from the provisions of this
chapter.
(2)
Exempt equipment. Persons
operating the following equipment are exempt from the provisions of
this chapter: farm equipment, snowblowers and snowplows.
[Ord. No. 04-17]
(3)
Portland cement concrete joint
sawing equipment. A contractor performing duties in connection with
an approved subdivision plan or a City of Marion public improvement
project may perform necessary joint sawing of pavement upon approval
of the City Engineer and shall be exempt from this chapter.
[Ord. No. 17-19; amended 10-19-2023 by Ord. No.
23-25]
A.
The provisions of this chapter which prohibit the making, continuing, or causing the making or continuance of a noise disturbance shall be enforced only upon receipt of a complaint made or filed with City officials by a person disturbed by such noise disturbance, with the exception of violations of § 218-2A(1), (2) and (3). Certification by an official charged with enforcement of the provisions of this chapter that such complaint was made shall be sufficient to establish a rebuttable presumption that a violation of this statute has occurred.
C.
Any person
who fails to perform any act required by the provisions of this chapter
or commits an act prohibited by this chapter shall be guilty of a
simple misdemeanor or municipal infraction.
[Ord. No. 02-22]
The Council, on written application, for good cause shown, may grant a special permit to exceed the sound and/or time limits established in § 218-1 for specific activities generally or for limited times and/or dates, provided that the sound level does not exceed 75 dBA at the receiving land use.
