(a)
Any
unreasonably loud or disturbing noise that causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate
vicinity thereof is hereby declared to be a nuisance and is hereby
prohibited. A noise is considered unreasonably loud or disturbing
if it is measured above 85 decibels (dBA) beyond the property of the
source, or 50 feet or more from the source if in a public right-of-way;
or if the noise creates a vibration which is above the vibration perception
threshold of an individual beyond the property of the source, or 50
feet or more if in a public right-of-way. It shall be prima facie
evidence that the decibel level is above 85 if the instrument used
to measure the noise level is approved by the city police department
and applied so as to provide a proper representation of the sound
being measured.
(b)
Additionally,
no person shall cause, suffer, allow, or permit any of the following
acts, which are declared to be noise nuisances. If a noise is made
on property which falls under more than one of the four categories
enumerated in this section, the lowest maximum decibel level shall
apply.
(1)
The making of noise which exceeds 85 decibels between the hours of
7:00 a.m. and 9:59 p.m. or 56 decibels between the hours of 10:00
p.m. and 6:59 a.m. in residential areas and all abutting public rights-of-way;
(2)
The making of noise which exceeds 85 decibels between the hours of
7:00 a.m. and 9:59 p.m. or 63 decibels between the hours of 10:00
p.m. and 6:59 a.m. on commercial or other business zoned property
as defined by the zoning ordinance of the city;
(3)
The making of noise which exceeds 85 decibels between the hours of
7:00 a.m. and 9:59 p.m. or 65 decibels between the hours of 10:00
p.m. and 6:59 a.m. on industrial zoned property as defined by the
zoning ordinance of the city; or
(Ordinance 08-O-56, sec. 2, adopted 10/27/2008; 2009 Code, sec. 8.04.001; Ordinance 20-O-06, sec. 8.04.001, adopted 1/27/2020)
As used in this article, the following words and terms shall
have the meanings respectively ascribed:
The unit of measurement for sound pressure level at a specific
location as measured on a sound level meter using the A-weighting
network.
Any street, road, roadway, highway, sidewalk, alley, or parking
area that is leased, owned, or controlled by a government entity.
All of the streets within the city, and all portions of any streets,
are hereby declared to be public streets.
The minimum ground-borne or structure-borne vibration necessary
to cause a reasonable person to be aware of the vibration by such
direct means, but not limited to, sensation by touch or by visual
observation of moving objects.
(Ordinance 08-O-56, sec. 3, adopted 10/27/2008; 2009 Code, sec. 8.04.002; Ordinance 20-O-06, sec. 8.04.002, adopted 1/27/2020)
The following acts, among others not hereinafter enumerated,
are declared to be “noise nuisances,” and are unlawful
and in violation of the provisions of this article when such acts
are done or accomplished or carried on in such a manner, or with such
volume, intensity, or with continued duration, so as to annoy, to
distress, or to disturb the quiet, comfort, or repose of a person
of reasonable nervous sensibilities, within the vicinity or hearing
thereof, or so as to endanger or injure the safety or health of humans
or animals, or so as to interfere with the physical well-being of
humans or animals, or so as to endanger or injure personal or real
property:
(1)
Loudspeakers.
(A)
The use of any stationary loudspeaker, amplifier, musical instrument
or electronic equipment including radio, television, phonograph, computer
and other electronic equipment in such a manner or with such volume
that annoys and disturbs persons of ordinary sensibilities in the
immediate vicinity or is between the hours of 11:00 p.m. and 7:00
a.m.
(B)
Upon application by the user of such devices, the city council may
make special exemption or exception of this clause for such time or
times as the city council feels will serve the public welfare (i.e.,
if the device is operated at a public event on property owned by the
city or at an event sponsored by a religious organization or educational
entity).
(2)
Compressed air.
The use of any mechanical device operated
by compressed air, unless the noise to be created is reduced so as
not to cause discomfort to persons of ordinary sensibilities.
(3)
Construction work.
Excessive noise that disturbs people
of reasonable sensibilities caused by the erection, including excavation,
demolition, alteration, or repair work, on any residential building,
or in any residential area, at any time other than between the hours
of 6:00 a.m. and 7:00 p.m. in the winter and between the hours of
5:00 a.m. and 8:00 p.m. in the summer, based on the daylight savings
calendar, except in cases of urgent necessity or in the interest of
public safety and convenience and then only by permit from the city
manager or his/her designee, which permit may be renewed by the city
council during the time the emergency exists.
(4)
Utility and roadway repairs and maintenance.
Any utility
or roadway maintenance or repairs in residential areas are prohibited
from the hours of 11:00 p.m. to 7:00 a.m. except emergency repairs
related to public health, safety and welfare of the residents.
(5)
Noise near schools, churches, and hospitals.
The creation
of any excessive noise adjacent to any church, school or institution
of learning while the same is in session, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions,
provided conspicuous signs or other evidence are displayed in such
manner as to indicate that such is a church, school or hospital.
(6)
Motor vehicles.
(A)
The operation of a motor vehicle not equipped with a muffler or other
sound-dissipative device in good working order and in constant operation
that will effectively prevent loud or explosive noises therefrom.
(B)
Every motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent excessive
or unusual noise and no person shall use a muffler cut-out, bypass,
or similar device upon a motor vehicle on a public right-of-way. All
available and reasonable sound-deadening and muffling devices and
practices shall be employed.
(C)
Operating or permitting to be operated any vehicle which, by virtue
of disrepair, or manner of operation, or so loaded, alone or in combination
with other motor vehicles, creates a grating, grinding, rattling,
or any other loud noise that violates this article.
(D)
Operating any motor vehicle with a dynamic braking device (commonly
known as an engine brake) engaged.
(E)
Personal or commercial vehicular music amplification or reproduction
equipment operated in such a manner that violates this article.
(F)
The sounding of any horn or signal device on any motor vehicle, other
than using said horn or signal device as a warning device.
(G)
Unloading. The creation of any unreasonably loud and excessive, prolonged
noise in connection with the loading or unloading of any vehicle or
the opening and destruction of bales, boxes, crates and containers
in a residential area.
(H)
Operation of vehicles. The running of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
unreasonably loud or unnecessary grating, grinding, jarring or rattling
noise or vibrations.
(I)
Sound from vehicles. To operate any sound equipment from or in a
vehicle that is audible or causes a vibration fifty (50) feet from
the equipment.
(7)
Refuse collection.
The collection of garbage, waste
or refuse between the hours of 10:00 p.m. and 7:00 a.m. in any area
zoned residential or within three hundred (300) feet of an area zoned
residential is prohibited.
(Ordinance 08-O-56, sec. 4, adopted 10/27/2008; 2009 Code, sec. 8.04.003; Ordinance 20-O-06, sec. 8.04.003, adopted 1/27/2020; Ordinance adopting 2023 Code)
The provisions of this article shall not apply to:
(1)
The
emission of sound for the purpose of alerting persons to an emergency;
(2)
Sound
produced by emergency vehicles;
(3)
Sound
produced by a vehicle motor in good working order while the vehicle
is moving on a public right-of-way, public waterway, airport runway,
or railroad;
(4)
Sound
produced by any governmental body in the performance of a governmental
function;
(5)
Sound
generated at a scheduled stadium event, by parade spectators and participants
in the parade route during a permitted parade, or by outdoor celebration
participants for the general welfare of the public;
(6)
Amplifiers
used on vehicles to attract patrons that are operated by ice cream
and snow cone vendors that produce jingles or music; or
(7)
The
use and operation of bells or an amplified, mechanical bell system
in connection with the use and occupancy of a church structure.
(Ordinance 08-O-56, sec. 5, adopted 10/27/2008; 2009 Code, sec. 8.04.004; Ordinance 20-O-06, sec. 8.04.004, adopted 1/27/2020)
Whenever portions of this article prohibit noise over a certain
decibel limit, measurement of said noise shall be made with a decibel
meter meeting the standards prescribed by the American National Standards
Institute. The instruments shall be maintained in calibration and
good working order. Calibration corrections shall be employed in meeting
the response specifications prior to every sampling of noise. 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. A windscreen for the microphone shall be used. Traffic, aircraft
and other transportation noise sources and other background noises
shall not be considered in taking measurements except where such background
noise interferes with the primary noise being measured. Except as
otherwise provided, measurements may be taken at a point on adjacent
public or 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 generated.
(Ordinance 08-O-56, sec. 6, adopted 10/27/2008; 2009 Code, sec. 8.04.005; Ordinance 20-O-06, sec. 8.04.005, adopted 1/27/2020)
(a)
Eligibility to apply for temporary permit.
The following
persons or entities may apply for a temporary permit to create or
allow noise which would otherwise be prohibited by this article:
(1)
A person or entity seeking a permit for the noise-generating construction
activities prohibited without such permit;
(2)
A person or entity which has applied for a special event permit from
the city and seeks to be allowed to use sound equipment creating noise
which exceeds the decibel levels permitted by this article during
the special event; and
(3)
An outdoor music venue located in a nonresidential zoning district
which seeks to use sound equipment outdoors creating noise which exceeds
the decibel levels permitted by this article for temporary events.
(b)
Application.
A person seeking a permit under this section shall complete and file a written application for a permit with the director on the form provided by the director and pay a fee as set forth in the fee schedule in appendix A of this code to cover expenses of processing the application, or such amended amount as may be established by ordinance. Such application shall be submitted at least 20 business days prior to the date on which the noise will commence. An application for permit shall include:
(1)
The name, address, and telephone number of the applicant. If the
applicant is a business, the application shall be filled out by the
owner or duly authorized agent of the business and shall list the
name, address, and telephone number of the business, the responsible
owner of the business, and the operator of the business, if different;
(2)
The nature and location of the noise source for which the application
is made;
(3)
The time during which the noise will be generated and the level of
noise that will occur;
(4)
A signed statement that the applicant has obtained a copy of this
article and related rules and agrees to comply with this article,
the related rules provided, and the terms and conditions of a permit
issued to the applicant;
(5)
The reason for which the permit is requested, including the hardship
that will result to the applicant, his/her client, or the public if
the permit is not granted; and
(6)
A description of noise control measures to be taken for the applicant
to minimize noise and the impacts occurring therefrom and the schedule
under which said measures will be implemented.
(c)
Restrictions on issuance of permit.
No permit shall
be approved unless the director is satisfied based upon the application
and other proof provided by the applicant that:
(1)
Noise levels occurring during the period of the variance will not
constitute a danger to public health;
(2)
Compliance with this article would impose an unreasonable hardship
on the applicant or the public without greater benefits to the public;
and
(3)
The applicant has fully complied with the application procedures.
(d)
Considerations in determining whether to grant permit.
In making the determination of whether to grant a permit, the director
shall consider:
(1)
The character and degree of injury to, or interference with, the
health and welfare or the reasonable use of property that is caused
or threatened to be caused;
(2)
The value to the community of the activity for which the variance
is sought;
(3)
The ability of the applicant to apply the best practical noise control
measures; and
(4)
Proximity to residences at which reasonable persons would be disturbed
by the noise.
(e)
Other restrictions.
(1)
The director shall consider each application on the same basis as
that used for other similarly situated applicants and shall make each
variance decision free from consideration of race, sex, national origin,
religion, the content of speech, or any other factors not provided
for in this article.
(2)
No permit shall be issued for the operation of sound equipment at
nighttime from a motor vehicle or for a location within 100 feet of
a residential or noise-sensitive area.
(3)
No permit shall be issued if the applicant has been convicted of
more than two violations of a regulation under this article or there
have been more than two convictions for violations of this article
at the location for which the permit is sought in the six months prior
to the date on which the application is submitted.
(f)
Issuance or denial of permit.
(1)
The director shall grant or deny the permit within ten business days
of receiving the properly completed application. An application for
the same applicant or location may not be submitted for a period of
30 days following the denial of an application.
(2)
If the director determines a permit should be issued pursuant to
the criteria established in this section, a permit shall be issued
which states the type of sound permitted, the location at which the
sound will be permitted, the maximum decibel level to be allowed,
the times at which the sound will be allowed to be produced, and the
expiration date of the permit.
(3)
The decibel limits on a permit issued pursuant to this section shall
be set at ten decibels over the limits which would otherwise apply
unless the director determines a different limit is required under
the circumstances.
(g)
Time and frequency limits on permit.
(1)
For an outdoor music establishment which uses sound equipment in
a manner which produces sound audible beyond the real property line
of the property on which the equipment is operated, a permit shall
not exceed one year in duration. A new permit application shall be
required for a new permit to be issued for any subsequent year. Any
such permit shall terminate upon change in the owner or operator of
the establishment listed on the application and a new permit application
by the new owner will be required to obtain a new permit.
(2)
A permit for construction noise shall be issued for the expected
duration of the noise for which the permit is issued.
(3)
In all other cases, a permit shall be issued for a maximum period
of 24 hours and no such permit shall be issued for the same location
within 30 days of the date of expiration of the previous permit.
(h)
Revocation of permit.
The permit may be revoked by the
director if the terms of the permit are violated, if it is learned
that there were material misrepresentations made in the permit application,
or if there is a material change in any of the circumstances relied
upon by the director in granting the permit.
(Ordinance 20-O-06, sec. 8.04.006,
adopted 1/27/2020; Ordinance adopting
2023 Code)
(a)
The
provisions of this article may be enforced by peace officers and such
other persons as are designated by the city.
(b)
It
shall be unlawful for any person to interfere with, obstruct, resist
or oppose any person authorized to enforce the provisions of this
article.
(c)
The
enforcement official has the authority to have any device removed
or turned off instantly until it can be otherwise operated in compliance
with this article.
(d)
It
shall be unlawful for a person to do or perform any act prohibited
by this article, and it shall be unlawful for a person to fail to
do or perform any act required by this article. A violation of this
article is a class C misdemeanor offense, no culpable mental state
or criminal intent is required, and upon conviction, a person shall
be fined an amount not less than fifty dollars ($50.00) and not more
than five hundred dollars ($500.00) for each day that a violation
exists or occurs; a separate offense shall be deemed committed on
the same day if the violation continues after the person has been
warned or charged.
(Ordinance 08-O-56, sec. 7, adopted 10/27/2008; 2009 Code, sec. 8.04.006; Ordinance 20-O-06, sec. 8.04.007, adopted 1/27/2020)
