The purpose of this article is to make it unlawful for any person
or entity to make, cause to be made, or allow any unreasonably loud
and disturbing noise during an event or gathering of such a character,
intensity or duration as to be detrimental or offensive to the ordinary
and reasonable sensibilities of the citizens of the city, or which
materially interferes with the enjoyment of life, health or property
or interferes with the public peace.
(Ordinance 566-07 adopted 12/18/07)
It is the policy of the city that all contractors and subcontractors
of a permittee be required to comply with the provisions and intent
of this article. The person issued a permit for noise exception is
deemed to be in violation of this article if the permittee allows
any agent, employee or contractor to violate the terms of this article.
(Ordinance 566-07 adopted 12/18/07)
(a) 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:
dB(A)
means the intensity of a sound expressed in decibels.
Device
means any mechanism which is intended to produce, or which
actually produces, noise when operated or handled.
Noise disturbance
means any sound which disturbs, or which causes or tends
to cause an adverse psychological or physiological effect upon, the
sensibilities of a reasonably prudent adult person; any unreasonably
loud or disturbing noise which is offensive to the sensibilities of
a reasonably prudent adult person; and any unreasonably loud or disturbing
noise which materially interferes with the enjoyment of life, health
or property or interferes with public peace.
Noise disturbance per se
means not requiring evidence or proof to establish the existence
of a noise disturbance other than measuring the level of the sound.
Nonresidential district
means any district not classified by the city’s zoning
ordinance as containing residential homes, apartments or condominiums.
Person
means any individual, firm, association, partnership, corporation
or any other entity, public or private.
Property boundary or property line
means 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.
Quiet zone
means property on which a school, hospital, clinic, library
or other designated noise disturbance sensitive facility is located.
Residential district
means any district classified by the city’s zoning
ordinance as containing residential homes, apartments or condominiums.
(b) All
terminology used in this article and not specifically defined above
shall retain its meaning in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body and/or the latest volume of Webster’s Collegiate Dictionary.
(Ordinance 566-07 adopted 12/18/07)
Any person, firm, corporation or entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum in accordance with the general penalty provided in section
1.01.009 of this code. Each continuing day’s violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 566-07 adopted 12/18/07; Ordinance adopting 2017 Code)
In addition to and accumulative of all other penalties, the
city shall have the right to seek injunctive relief for any and all
violations of this article.
(Ordinance 566-07 adopted 12/18/07)
(a) No
person shall allow, make or cause to be made a noise disturbance or
noise disturbance per se, as defined herein.
(b) The following are activities that create a noise disturbance per se, unless a permit of exception was first obtained as provided in section
8.03.008:
(1) Sound-emitting devices or amplified sound.
(A) The using, operating or permitting to be played, used or operated
of any sound production or reproduction device, radio, receiving set,
musical instrument, drums, phonograph, loudspeakers and sound amplifiers
or other machine or device for the producing or reproducing of sound
within or adjacent to a residential district or quiet zone, or within
300 feet of any residence or quiet zone. Furthermore, any such activity
shall be a noise disturbance per se if the sound level exceeds 70
dB(A) at the property boundary of the location where sound is generated
between the hours of 9:00 p.m. and 8:00 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, 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.
(2) Vibration.
Using or causing the use of any device that
creates any ground vibration which is plainly perceptible without
instruments at any point on or beyond the property boundary of the
source.
(Ordinance 566-07 adopted 12/18/07)
(a)
(1) In addition to the violations established by the preceding sections of this article, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible beyond the property boundary on which the sound is being generated, that when measured as provided in subsection
(b) of this section exceeds 85 dB(A) between the hours of 8:00 a.m. to 9:00 p.m. and 70 dB(A) between the hours of 9:00 p.m. to 8:00 a.m. for the respective areas described above.
(2) Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in subsection
(c) of 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 shall be prima facie evidence of a noise violation per se that unreasonably disturbs or interferes with public peace in violation of this division.
(b) Regardless of the measurable dB(A) level established above and measured as provided in subsection
(c) of this section, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to experience physically detectable sound, vibrations or resonance at a distance of more than 1,000 feet from the property line of the property upon which the sound or vibration is generated (measured as set out below) for a continuous period of more than 60 seconds shall also be prima facie evidence of a sound that is unreasonably disturbing, that materially interferes with the enjoyment of life, health or property, or that interferes with public peace in violation of this article.
(c) Whenever
portions of this article prohibit sound over a certain decibel limit,
measurement shall be made with a type 1 or type 2 calibrated sound
level meter utilizing the A-weighting scale and the slow meter response
as specified by the American Standards Association. Measurements recorded
shall be taken so as to provide a proper representation of the sound
being measured. The microphone of the meter shall be positioned so
as not to create any unnatural enhancement or diminution of the measured
sound. A windscreen for the microphone may be used. Traffic, aircraft,
and other transportation noise shall not be considered in taking measurements
except where such background noise interferes with the noise being
measured and cannot reasonably be distinguished from the primary noise.
Measurements of sound generated shall be taken at the property line
upon which the sound or vibration is generated, or at other appropriate
distances, and taken toward the source of the sound. In the event
that the measurement cannot be made at the property line, then measurements
shall be taken from the nearest public street to the property where
the sound is generated.
(Ordinance 566-07 adopted 12/18/07)
(a) Permits authorized.
The city administrator, or designee,
is authorized to grant permits for:
(1) Events, concerts or sound occurrences that are anticipated to exceed
the sound levels herein if:
(A) The event or occurrence happens infrequently, not exceeding six times
a year in the city;
(B) The sound levels permitted are not medically or physically harmful
to anyone exposed to the sound;
(C) Reasonable measures are taken by the permittee to mitigate impact
on the geographic areas where there will be noise dB(A) exceedance;
and
(D) A specific procedure is adopted and implemented by the permittee
to respond to noise complaints or sound levels that exceed permit
levels.
(2) Relief of any provision in this article on the basis of undue hardship
in cases where:
(A) The sound source will be of short duration and the activity cannot
be conducted in a manner as to comply with this article; and
(B) No reasonable alternative is available to the applicant.
(b) Application; contents.
(1) The application for a permit shall be submitted to the city administrator,
or designee, and contain the following information:
(A) The date of the application and the date and hours for which the
permit is requested.
(B) The name and address of the applicant.
(C) The name, address and mobile telephone number of the person who will
have charge of the sound-amplifying equipment and who will be responsible
for sound complaints while the sound event is occurring.
(D) The address and a description of the location where the sound equipment
will be used.
(E) A description of the type of sound-amplifying equipment to be used.
(F) A statement of the maximum noise level and/or the exception requested.
(2) All approved permits shall specify the date, hours and location the
permit is valid; the maximum sound level permitted; a description
of the equipment that may be used under the permit; and any other
details necessary.
(c) Events organized by political subdivision.
An automatic
variance will be granted without the payment of permit fees for the
purpose of conducting parades or other events organized by a political
subdivision; provided that any noise disturbance created by such activity
will be abated when such request is made by the city administrator,
or designee.
(d) Authority of city administrator.
The city administrator,
or designee, may prescribe any reasonable conditions or requirements
deemed necessary to minimize adverse effects of the sound event and
may immediately suspend any permit issued for violating any provisions
or terms prescribed in the permit or variance.
(e) Permit fee.
A fee in the amount established by city
council shall be charged to each applicant for processing permit applications.
(Ordinance 566-07 adopted 12/18/07; Ordinance adopting 2017 Code)
(a) Any
applicant who has been denied a permit or 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 filed with the city administrator
within ten (10) days of the date of the denial or the date of the
notice of the suspension. The city administrator may review the appeal
at a staff level. If the city administrator upholds the denial or
suspension of a permit, the applicant may request a hearing before
the city council within thirty (30) days of the city administrator’s
finding.
(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 city. Additionally, the city council shall have the
authority to accept written and verbal testimony from the city administrator,
any appropriate city staff, the applicant/permittee and any interested
citizens. The city council shall also have the authority to place
time restrictions on the testimony to be given at the hearing.
(d) The
city council shall have the authority to determine whether the city
administrator acted properly and within the powers granted under this
article in the denial or suspension of a permit. A majority vote of
a quorum of the city council shall determine whether to uphold or
reject the city administrator’s action. Upholding the action
of the city administrator shall affirm the denial or suspension. Rejection
of the city administrator’s or his/her designee’s action
shall automatically grant a permit or reinstate a suspended permit.
The decision of the city council shall be final.
(e) No
person whose permit has been denied or suspended shall create or allow
the creation of the noise disturbance in dispute prior to final determination
by the city council.
(Ordinance 566-07 adopted 12/18/07)