The following words and terms shall have the meanings ascribed:
The sound level pressure in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
All properties in the city having a zoning designation of
public use, office professional, mixed use, commercial or central
business district.
The hours beginning 30 minutes before sunrise and ending
30 minutes after sunset.
All properties in the city having a zoning designation of
industrial or light industrial.
Any loud, irritating, vexing, or disturbing sound which causes
distress, annoyance, discomfort or injury to or which interferes with
the comfort or repose of any person of reasonable nervous sensibilities
in the vicinity of hearing thereof, or any sound which endangers or
injures the safety or health of humans, or any sound which interferes
with the physical well-being of humans.
All properties in the city having a zoning designation other
than commercial or industrial.
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 (ANSI S1.4-1971). If the frequency weighting
employed is not indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighing
network to measure sound pressure levels.
(Ordinance 426, sec. 1(b), adopted 11/13/07)
Any person who has not previously been convicted of an offense
under this article and violates any portion of this article is guilty
of a misdemeanor and shall, on conviction, be subject to a fine of
not less than $35.00 or more than $1,000.00. For the second or subsequent
conviction within a twelve-month period, said person shall be fined
not less than $70.00 or more than $2,000.00.
(Ordinance 426, sec. 2(e), adopted 11/13/07)
It shall be unlawful for any person, firm, or corporation to
make, continue or cause to be made or continued any loud, unnecessary
or unusual noise which is offensive to the ordinary sensibilities
of the inhabitants of the city, interferes with the enjoyment of life
or property or disturbs the public peace, comfort and repose.
(Ordinance 426, sec. 1(a), adopted 11/13/07)
The following acts are hereby declared to be prima facie of
such a character as to violate the terms of this article as being
unnecessarily loud, but such enumeration shall not be deemed to be
exclusive:
(1)
The
sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar, or other vehicle, except as a danger signal as required
by state law.
(2)
The
playing of any radio, compact disc player, cassette player, phonograph,
or any electrical or mechanical device which emits sound or the playing
of a musical instrument in the city in such a manner, or with such
volume, as to disturb the peace, quiet, comfort, or repose of persons
of ordinary sensibilities. This provision shall not apply to church
bells or chimes when tolled or played at the normal times for such
instruments.
(3)
The
use of any automobile, motorcycle, bus, streetcar, or vehicle so out
of repair, so loaded, or operated in such manner as to create loud
unnecessary noises such as spinning or squealing tires, grating, grinding,
rattling, or other noise.
(4)
The
use of any mechanical device operated by compressed air, except pneumatic
drills, unless the noise thereby created is effectively muffled and
reduced.
(5)
The
erection, including excavation, demolition, alteration, or repair,
of any building in or adjacent to a residential area other than during
daytime hours on weekdays and Saturdays, and daytime hours without
heavy equipment on Sundays, except in the case of urgent necessity
or in the interest of public safety, for which a permit must be obtained
from the city manager, or his designee, prior to any deviation from
these hours, or at any time such that the sound level at or across
a real property boundary exceeds 80 dBA.
(6)
The
creation of loud and raucous noise on any street adjacent to any school
or court which is in session, or adjacent to any hospital, which unreasonably
interferes with the working of such institution, provided that conspicuous
signs are located in such streets indicating that schools, hospitals,
and courts are adjacent thereto.
(7)
The
creation of a loud and excessive noise in connection with the loading
or unloading of any vehicle or the opening and destruction of bales,
boxes, crates, and containers.
(8)
The
sounding of any bell or gong attached to any building or premises,
which is reasonably calculated to disturb a person of ordinary disposition
if such person were in the vicinity thereof.
(9)
The
use of any drum or other instrument or sound-amplifying equipment
for the purpose of attracting attention by the creation of noise to
any performance, show, sale, or display of merchandise as to attract
customers to any place of business.
(10)
The use of mechanical loudspeakers or sound amplifiers on trucks
or other moving vehicles for the purpose of advertising any show,
sale, or display of merchandise.
(11)
The keeping of any animal or fowl which emits or makes an unreasonable
or loud and raucous noise.
(12)
The making of a noise on residential zoned property which exceeds
63 decibels when measured from property under ownership different
from the ownership upon which the noise is made.
(13)
The making of a noise on commercial zoned property which exceeds
70 decibels when measured from property under ownership different
from the ownership upon which the noise is made.
(14)
The making of a noise on industrial zoned property which exceeds
73 decibels when measured from property under ownership different
from the ownership upon which the noise is made.
(Ordinance 2010.11.3 adopted 11/9/10; Ordinance 426, sec. 2(a), adopted 11/13/07)
The city council shall have the authority to issue permits for
local celebrations within the city, and musical entertainment or other
entertainment which emits sound at such celebration shall not be considered
to be a violation of the terms of this article if such emissions are
part of the regular activity of the celebration and during the regular
hours during which same is conducted.
(Ordinance 426, sec. 2(b), adopted 11/13/07)
It shall be unlawful for any person owning, leasing, operating,
managing, or supervising any public place of business or entertainment
to permit or allow any such loud noise as specified in this article,
or to allow or permit the operation or playing of any radio, phonograph,
television, drum, musical instrument, sound amplifier, or similar
device which produces, reproduces or amplifies in any place of entertainment
at a sound level greater than 80 dBA, as read by the slow response
on a sound level meter, at a point that is customarily occupied by
a customer or patron, unless a sign, legible and conspicuous to ordinary
public view and at least 225 square inches in area, is located outside
such place, near each public entrance, stating the following in letters
at least two inches high: “WARNING: SOUND LEVELS WITHIN MAY
CAUSE HEARING IMPAIRMENT.”
(Ordinance 426, sec. 2(d), adopted 11/13/07)
If conduct that would otherwise violate this article consists
of 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, the person or
persons must be ordered to move, disperse, or otherwise remedy the
violation prior to arrest or citation.
(Ordinance 426, sec. 2(c), adopted 11/13/07)
This article shall not apply to city sponsored or co-sponsored
or local fiestas, celebrations, parades, public events or scheduled
school stadium events within the city or to musical or other entertainment
which emits sound at such fiestas, celebrations, parades, public events
or scheduled school stadium events.
(Ordinance 426, sec. 2(f), adopted 11/13/07)
Whenever portions of this article prohibit noise over a certain
decibel level, measurement of said noise shall be made with a decibel
meter meeting the standards prescribed by the American Standards Association.
The instruments shall be maintained in calibration and good working
order. Measurements recorded shall be taken so as to provide a proper
representation of the noise being measured. The microphone shall be
positioned so as not to create any unnatural enhancement or diminution
of the measured noise. Traffic, aircraft and other transportation
noise sources or other background noises shall not be considered in
taking measurements except where such background noise interferes
with the primary noise being measured. Measurements may be taken at
any point on adjacent private property or on either side of an adjacent
public right-of-way at or near the boundary line of the property where
the noise is being generated or emitted.
(Ordinance 426, sec. 3, adopted 11/13/07)
