The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, unless the
context of their usage clearly indicates another meaning:
The intensity of a sound expressed in decibels read from
a calibrated sound level meter utilizing the A-level weighting scale
and the slow meter response, as specified by the American National
Standards Institute.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands
immediate action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to
a safe condition following a fire, accident or natural disaster, or
which is required to protect persons or property from exposure to
danger, or which is required to restore public utilities.
Any real property within the limits of the city which is
not included in the definition of residential property as defined
in this section.
Any individual, association, partnership, or corporation.
The line along the ground surface, and its vertical extension,
which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person, and
the imaginary line which represents the legal limits of property of
any person who owns, leases or otherwise occupies an apartment, condominium,
hotel or motel room, office or any other type of occupancy.
Any street, avenue, boulevard, highway, road, thoroughfare,
sidewalk, alley or other property which is owned or controlled by
a governmental entity,
Any real property developed and used for human habitation
and which contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, unless such premises are actually
occupied and used primarily for purposes other than human habitation.
Any owner, operator, or lessee of the property or premises
from which a sound emanates, whether real property or personal property;
or any other person who causes, suffers, allows or permits a sound.
(Ordinance 09-01 adopted 3/23/09)
Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code, Each occurrence of any violation shall constitute a separate offense. To the extent that any conduct prohibited under this article also constitutes an offense under state law, then it shall be punishable as provided by state law.
(Ordinance 09-01 adopted 3/23/09)
(a)
No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property, whether residential or nonresidential property, on which the sound is being received that when measured as provided in section 8.05.008 of this article exceeds 85 dB(A) level.
(b)
The
dB(A) levels set forth in this section apply to the property where
the sound is being received. Any sound that when measured at the property
where the sound is being received exceeds the dB(A) levels set forth
in this section 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 section, when measured at the site where the sound is being
received, if available, shall be prima facie evidence of a sound nuisance
which unreasonably disturbs, injuries or endangers the comfort, repose,
health, peace or safety of others within the limits of the city in
violation of this article.
(Ordinance 09-01 adopted 3/23/09)
(a)
It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued or permit the continuance of any sound which either exceeds the maximum permitted sound levels specified in section 8.05.003 or, for purposes of sections 8.05.005 and 8.05.006, otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(b)
The
acts enumerated in the following sections of this article, among others,
are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this article, but
such enumeration shall not be deemed to be exclusive.
(c)
A
violation of this article established in the municipal court of the
city shall be deemed a nuisance. The prosecution of an offense under
this article shall not limit the city’s right to abate the nuisance
by all lawful means available, including but not limited to the use
of injunctive or other civil relief under this code or under state
law, rule or regulation.
(Ordinance 09-01 adopted 3/23/09)
The use of any automobile, motorcycle, or other vehicle so out
of repair, so loaded, or in such a manner so as to create loud and
unreasonable grating, grinding, rattling or any other loud and unreasonable
sound is hereby prohibited and declared to be unlawful.
(Ordinance 09-01 adopted 3/23/09)
(a)
It
is unlawful for any person to operate a radio, tape or CD player,
or other electronic or mechanical sound-making device from within
a motor vehicle in the city in a manner that emits sounds that are
audible on a public right-of-way, street, or highway, to the human
ear of a person with average and normal hearing, at a distance of
thirty-five (35) feet or more from the motor vehicle. It shall be
presumed that the driver of any vehicle is the operator of the sound-making
device(s).
(b)
The following exceptions shall apply to the prohibitions noted in subsection (a) above:
(1)
The provisions of this section shall not apply to any law enforcement
motor vehicle equipped with any communication device necessary in
the performance of law enforcement duties or to any emergency vehicle
equipped with any communication device necessary in the performance
of any emergency procedures.
(2)
The provisions of this section do not apply to motor vehicles used
for business or political purposes, which in the normal course of
conducting such business use sound-making devices.
(3)
The provisions of this section do not apply to the noise made by
a horn or other warning device required or permitted by state law.
(Ordinance 09-01 adopted 3/23/09)
The following defenses shall apply to any offense established
in this article:
(1)
The
emission of any sound was for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime or an authorized
test or drill for emergency, danger or attempted crime.
(2)
The
sound was produced by an authorized emergency vehicle.
(3)
The
sound was produced by emergency or regularly scheduled 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, or to collect garbage, or to
clean city streets with a street sweeper.
(4)
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 a lawfully scheduled amphitheater
event;
(D)
By patrons and participants using cannons and gunfire during historical
battle reenactments for which a pyrotechnic permit was obtained and
the explosives were inspected by the fire marshal;
(E)
By a pyrotechnic display that was inspected and approved by the fire
marshal;
(F)
By spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city; or
(G)
By any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
(5)
The
sound was produced by the erection, excavation, construction, demolition,
alteration, or repair work, or the permitting or causing thereof,
of any building or other structure, or facility, or the operation
or the permitting or causing the operation of any tools or equipment
used in any such activity, conducted between the hours of 7:00 a.m.
and 9:00 p.m. and which activity did not produce a sound exceeding
95 dB(A) when measured from the nearest residential property where
the sound is being received.
(6)
The
sound was produced by aircraft in flight or in operation at an airport,
or railroad equipment in operation on railroad rights-of-way.
(7)
The
sound was produced by operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or
garden tool, lawnmower, or any other similar device used between the
hours of 7:00 a.m. and 9:00 p.m. and used for the maintenance or upkeep
of the property on which it was used.
(8)
The
sound was produced by the operation of any air conditioning unit which
did not produce a sound exceeding 80 dB(A) on residential property
or 85 dB(A) on nonresidential property, when measured at or near fifteen
(15) feet from the air conditioning unit producing the sound being
measured.
(9)
The
sound was produced by church bells or church chimes when used as part
of a religious observance or service and which did not exceed five
continuous minutes in duration in any one-hour period.
(Ordinance 09-01 adopted 3/23/09)
Whenever portions of this article prohibit sound over a certain decibel limit, measurement of said sound shall be made with a calibrated sound level meter. Noise levels shall be measured in decibels. The unit of measurement shall be designated as dB(A). Meters shall be maintained in calibration and good working order. Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of said meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. Except as provided in sections 8.05.006 and 8.05.007(9), measurements shall be taken at or near the nearest property line of the property where the sound is being received.
(Ordinance 09-01 adopted 3/23/09)
