Construction.
Any phase of the on-site erection or removal, including,
but not limited to, excavation, demolition, alteration, or repair
of a building or structure conducted on that site.
Daytime.
The daylight hours from one-half hour before sunrise to one-half
hour after sunset with exact times of sunrise and sunset as designated
by the U.S. Naval Observatory for this regional time zone.
Immediate Vicinity.
A distance within 100 feet of the noise source, or an area
within the property line of the parcel or lot upon which the source
of noise is emanating; whichever is the greater distance from the
noise source.
Nighttime.
The dark hours from one-half hour after sunset to one-half
hour before sunrise with exact times of sunrise and sunset as designated
by the U.S. Naval Observatory for this regional time zone.
Noise Disturbance.
Any sound which annoys or disturbs, or which causes or tends
to cause an adverse psychological or physiological effect upon the
sensibilities of a reasonable, prudent, adult person; any unreasonably
loud or disturbing noise which is offensive to the sensibilities of
a reasonable, prudent, adult person; and any unreasonably loud or
disturbing noise which renders the enjoyment of life or property uncomfortable
or interferes with public peace and comfort.
Residential.
Any property used for temporary or permanent dwelling purposes.
Unreasonable Noise.
A loud, disturbing, or raucous sound which:
(1)
Causes distress, discomfort, or injury to persons of ordinary
sensibilities;
(2)
Which causes or tends to cause an adverse psychological or physiological
effect on humans; or
(3)
Which annoys or disturbs the quiet, comfort, or repose of a
person of ordinary sensibilities.
(Ordinance 3110 adopted 3/14/11)
(a) An
unreasonable noise is declared to be a nuisance and is prohibited.
(b) A person
commits an offense if the person makes or causes to be made an unreasonable
noise within the city.
(Ordinance 3110 adopted 3/14/11)
Unreasonable noises in violation of this article, include, but
are not limited to:
(1) Noise-producing
devices.
The use of a device to produce or reproduce
sound, electronically, mechanically, or otherwise, in a manner or
with such volume or intensity that it annoys or disturb the quiet,
comfort, or repose of a person of ordinary sensibilities in a dwelling,
hotel, or other type of residence.
(2) Sound
amplifiers.
The use of a mechanical or electronic sound
amplifier in a residential area between the hours of 10:00 p.m. and
7:00 a.m. on any day.
(3) Animals
and birds.
The keeping of an animal or bird, which by
causing frequent or long continued noise, disturbs the comfort and
repose of a person of ordinary sensibilities in the immediate vicinity.
(4) Horns
or other signal devices on vehicles.
Permitting an unreasonably
loud, harsh, or prolonged sounding of a horn, alarm, or other signal
device on a vehicle, unless:
(A) Necessary to ensure safe operation as authorized by state law, or
(B) Caused by mechanical failure beyond the operator’s control
and the operator takes all reasonable measures to stop the noise made
by the horn, alarm, or other device.
(5) Operation
of vehicles in disrepair.
The operation of an automobile,
motorcycle, or other vehicle so out of repair or loaded in such manner
as to create loud or raucous grating, grinding, jarring, or rattling
noises or vibrations that disturbs the comfort and repose of a person
of ordinary sensibilities in the immediate vicinity.
(6) Exhaust
without mufflers.
The discharge into the open air of
the exhaust of any internal combustion engine or motor vehicle or
boat engine, except through a muffler or other device which will effectively
prevent loud or explosive noises, or the running of any motor or engine
without a muffler which causes loud noise that annoys or disturbs
the comfort and repose of persons of ordinary sensibilities in the
immediate vicinity.
(7) Loading
and unloading vehicles.
The creation of any loud and
excessive noise in connection with the loading or unloading of any
vehicle or trailer, or the opening and destruction of bales, boxes,
crates, and containers.
(8) Motorcycles.
The use of any motorcycle, motorbike, dirt bike, or any other
type of all-terrain vehicle in a manner or in a place that annoys
or disturbs the quiet, comfort, or repose of persons of ordinary sensibilities
in the immediate vicinity.
(9) Devices.
The use of any radio, television set, musical instrument, loudspeaking
amplifiers and similar device in a manner or in a place that annoys
or disturbs the quiet, comfort, or repose of persons of ordinary sensibilities
in the immediate vicinity.
(A) The 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 within a residential district or quiet zone,
or within five hundred feet (500') of any residence or quiet zone,
in such a manner as to cause a noise disturbance. Furthermore, any
such activity shall create a noise disturbance per se if conducted
between the hours of 7:00 p.m. and 7:00 a.m.
(B) The 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 within a nonresidential area in such a manner
as to cause a noise disturbance.
(C) The 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 that produces or reproduces
sound 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 attention to such cause, demonstration or premises when
such use is done in a manner which causes a noise disturbance.
(D) The 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 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 when such use is done in a manner which causes a noise
disturbance.
(10) Vehicular
sound amplification systems. Operating or controlling a motor vehicle
in either a public or private place within the town and operating
any sound device which is part of, or connected to, any radio, stereo
receiver, compact disc player, cassette tape player, or other similar
device in the motor vehicle, in such a manner that, when operated,
it is audible at a distance of thirty feet (30'), or when operated,
causes a person to be aware of the vibration accompanying the sound
at a distance of thirty feet (30') from the source when such operation
is done in a manner which causes a noise disturbance.
(11) Construction work.
Engaging in construction other than
during the daytime, Monday through Sunday, except in case of urgent
necessity in the interest of public safety and convenience, and then
only by permit from the mayor.
(12) Near schools or hospitals.
The creation of a loud and
raucous noise on a street adjacent to a school or institution of learning
that is in session, or adjacent to a hospital, nursing home, or assisted
living home.
(13) Trash pickup.
Conducting commercial or industrial trash
or waste pickup within 1,000 lineal feet of a residential dwelling
during the nighttime.
(14) Commercial noise.
Operating, as part of a business,
equipment or machinery, including but not limited to, combustion engines,
fans, blowers, grinders, welders, loaders, washers, winches, lifts,
and hoists, whether independent or attached to a motor vehicle, during
the nighttime within 1,000 lineal feet of any residential dwelling.
This provision does not apply to the operation of a gin.
(Ordinance 3110 adopted 3/14/11)
Section
8.1402 does not apply to the following activities:
(1) Athletic,
musical, or cultural activities or events, including practices and
rehearsals, conducted by or under the auspices of public or private
schools;
(2) Sounds
created while conducting daytime yard work or lawn maintenance during
the daytime, including, but not limited to, lawn mowing, leaf blowing,
brush clearing, and use of chainsaws;
(3) Sounds
created as a part of new construction, remodeling, or maintenance
activities on a building or structure during the daytime, excluding
Sundays, or new construction, remodeling or maintenance activities
indoors on Sunday during the daytime and which do not produce any
clearly audible noise outside of the immediate vicinity;
(4) Sounds
created during construction, maintenance, or repairs conducted by
or on behalf of a governmental entity providing basic utility services
or roadway projects approved by the city council;
(5) Sounds
created by agricultural operations when the operations are related
to activities directly associated with agricultural business, including
raking, baling, plowing, planting, harvesting, milking, feeding, and
mowing; and traffic flow;
(6) Sounds
created by railroad traffic and typical roadway noises from vehicles.
(Ordinance 3110 adopted 3/14/11)
The city council may authorize a variance to any restriction
set forth in this article. Before granting a variance, the city council
must determine that a literal enforcement of this article would create
an unnecessary hardship or a practical difficulty on the applicant,
that the situation causing the unnecessary hardship or practical difficulty
is unique to the affected property and is not self-imposed, that the
variance will not injure and will be wholly compatible with the use
and permitted development of adjacent properties, and that the granting
of the variance will be in harmony with the spirit and purpose of
this article. A person may request a variance from this article by
filing the request with the director of public works.
(Ordinance 3110 adopted 3/14/11)
Any person found guilty of violating any of the provisions of this article shall be fined in accordance with the general penalty provision found in Section
1.109 of this code, and each and every violation of the various provisions of this article shall constitute a separate offense, as shall each day that violation continues.
(Ordinance 3110 adopted 3/14/11)