The following words, phrases, and terms as used in this chapter
shall have the meaning as indicated below:
"Ambient base noise level"
shall mean the maximum loudness level normally found to be acceptable for given land uses and that serves as the basis for determining loudness noise violations pursuant to the provisions of Section
8.48.040 of this chapter.
"Ambient noise level"
shall mean the all-encompassing background noise associated
with a given environment, being usually a composite of sounds from
many sources near and far.
"Commercial use"
shall mean any enterprise whose principal endeavor is the
sale of goods and/or services.
"Decibel (dB)"
shall mean a unit that denotes the ratio between two quantities
that are proportional to power: the number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio. The commonly used unit for measuring sound
pressure levels.
"Emergency"
means operations made necessary to restore property to a
safe condition following a public calamity, or work required to protect
persons or property from an imminent exposure to danger or work by
private or public utilities when restoring utility service.
"Industrial use"
means any facility or operations involved in the manufacturing,
repairing, testing, processing, warehousing, wholesaling, researching,
and treatment of products.
"Institutional use"
means an establishment maintained and operated by a society,
church, corporation, individual, foundation, or public agency for
the purpose of providing religious, charitable, social, educational,
fraternal, or similar services.
"Noise"
means any sound that exceeds the appropriate actual or presumed
ambient noise level, that annoys or tends to disturb humans, or that
causes or tends to cause an adverse psychological or physiological
effect on humans of normal sensitiveness.
"Residential use"
means any structure utilized principally for human habitation,
excluding hotels, motels, and recreational vehicle parks.
"Sound amplifying equipment"
means any device for the amplification of the human voice,
music, or any other sound and does not include standard automobile
radios when used and heard only by the occupants of the vehicle in
which the automobile radio is installed or devices on authorized emergency
vehicles or horns or other warning devices on any vehicle used only
for traffic safety purposes.
"Sound level meter"
means an instrument meeting American National Standard Institutes
Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an equivalent
standard.
(2660 § 2, 2005; 2802 § 1, 2011)
All noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section
8.47.020, using a fast needle response, utilizing the dB(A) scale.
(2660 § 2, 2005; 2802 § 1, 2011)
The ambient base noise levels contained in the following chart
shall be utilized as the basis for determining noise levels in excess
of those allowed by this chapter unless the actual measured ambient
noise level occurring at the same time as the noise under review is
being investigated exceeds the ambient base noise level contained
in the chart. When the actual measured ambient noise level exceeds
the ambient base noise level, the actual measured ambient noise level
shall be utilized as the basis for determining whether or not the
subject noise exceeds the level allowed by this section. In situations
where two adjoining properties exist within two different use designations,
the most restrictive ambient base noise level will apply. This section
permits any noise level that does not exceed either the ambient base
noise level or the actual measured ambient noise level by 5 dB(A),
as measured at the property line of the noise generation property.
USE CATEGORIES
|
USE DESIGNATIONS
|
AMBIENT BASE NOISE LEVELS
|
TIME OF DAY
|
---|
Sensitive
|
Residential Use
|
55 dB(A)
50 dB(A)
|
7:00 a.m.—10:00 p.m.
10:00 p.m.—7:00 a.m.
|
Conditionally Sensitive
|
Institutional Use
Office-Professional Use
Hotels & Motels
|
65 dB(A)
65 dB(A)
65 dB(A)
|
Any Time
Any Time
Any Time
|
Non-Sensitive
|
Commercial Uses
Commercial/ Industrial Uses within
150 feet of Residential
Industrial Use
|
70 dB(A)
65 dB(A)
50 dB(A)
70 dB(A)
|
Any Time
7:00 a.m.—10:00 p.m.
10:00 p.m.—7:00 a.m.
Any Time
|
(2660 § 2, 2005; 2802 § 1, 2011)
A. Noise
disturbance criteria. It shall be unlawful for any person to willfully
make, continue, or cause to be made or continued, any loud, unnecessary,
or unusual noise that disturbs the peace or quiet of any neighborhood,
or that causes discomfort or annoyance to any person of normal sensitiveness.
B. The
criteria that shall be utilized in determining whether a violation
of the provisions of this section exists shall include, but not be
limited to, the following:
2. The
frequency of occurrence of the noise.
3. Whether
the nature of the noise is usual or unusual.
4. The
level and intensity of the background noise, if any.
5. The
proximity of the noise to residential sleeping facilities.
6. The
nature and zoning of the area within which the noise emanates.
7. The
density of the inhabitation of the area within which the noise is
received.
8. The
time of day or night the noise occurs.
9. The
duration of the noise.
C. Duration
of noise. The following criteria shall be used whenever the noise
level exceeds:
1. The
noise standard for a cumulative period of more than 30 minutes in
any hour;
2. The
noise standard plus five dB(A) for a cumulative period of more than
15 minutes in any hour;
3. The
noise standard plus 10 dB(A) for a cumulative period of more than
five minutes in any hour;
4. The
noise standard plus 15 dB(A) for a cumulative period of more than
one minute in any hour; or
5. The
noise standard plus 20 dB(A) for any period of time.
D. In the
event the ambient noise level exceeds any of the first four noise
limit categories above, the cumulative period applicable to said category
shall be increased to reflect said ambient noise level. In the event
the ambient noise level exceeds the fifth noise limit category, the
maximum allowable noise level under said category shall be increased
to reflect the maximum ambient noise level.
(2660 § 2, 2005; 2802 § 1, 2011)
A. Radios,
television sets, and similar devices.
1. Use restricted. It shall be unlawful for any person within any residential area of the City to use or operate any radio receiving set, musical instrument, stereo equipment, television set, or other machine or device for the producing or reproducing of sound between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to disturb the peace, quiet, and comfort of any person of normal sensitiveness residing in the area, as determined utilizing the criteria established in Section
8.47.050(A).
2. Prima
facie violation. Any noise level exceeding the ambient base level
at the property line of any property (or, if a condominium or apartment
house, within any adjoining apartment) by more than five decibels
shall be deemed to be prima facie evidence of a violation of the provisions
of this section.
B. Musical
instruments—use restricted. It shall be unlawful for any person
to use any drum or other instrument or device of any kind for the
purpose of attracting attention by the creation of noise within the
City. This section shall not apply to any person who is a participant
in a duly licensed parade or who has been otherwise duly authorized
to engage in such conduct.
C. Machinery,
equipment, fans, and air conditioning. It shall be unlawful for any
person to operate any machinery, equipment, pump, fan, air conditioning
apparatus, or similar mechanical device in any manner so as to create
any noise that would cause the noise level at the property line of
any property to exceed either the ambient base noise level or the
actual measured ambient noise level by more than five decibels.
D. Construction of buildings and projects. It shall be unlawful for any person within a residential area, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a person of normal sensitiveness, as determined utilizing the criteria established in Section
8.47.050(B), is caused discomfort or annoyance unless such operations are of an emergency nature.
E. Vehicle repairs. It shall be unlawful for any person within any residential area of the City to repair, rebuild, or test any motor vehicle in such a manner that a person of normal sensitiveness residing in the area is caused discomfort or annoyance, as determined utilizing the criteria established in Section
8.47.050, unless such operations are of an emergency nature.
F. Motor driven vehicles. It shall be unlawful for any person to operate any motor driven vehicle within the City in such a manner that a person of normal sensitiveness residing in the area is caused discomfort or annoyance, as determined utilizing the criteria established in Section
8.47.050(B), unless such operations are of an emergency nature; provided, however, any such vehicle that is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section.
G. Amplified
sound.
1. Purpose.
While recognizing the constitutional rights of freedom of speech and
assembly, the City nevertheless feels obligated to reasonably regulate
the use of sound amplifying equipment in order to protect the rights
of the citizens of the City to privacy and freedom from excessively
loud and unnecessary noise.
2. Registration.
It shall be unlawful for any person, other than personnel of law enforcement
or governmental agencies, to install, use, or operate within the City
a loudspeaker or sound amplifying equipment mounted upon any vehicle
for the purposes of warnings, giving instructions, directions, talks,
addresses, lectures, or transmitting music to any persons or assemblages
of persons without first filing a registration statement at least
seven days prior to the date on which the sound amplifying equipment
is intended to be used and obtaining approval from the Zoning Administrator.
3. Approval.
The Zoning Administrator shall return to the applicant an approved
copy of the registration statement unless he or she finds that:
a. The conditions of the motor vehicle movement are such that use of
the equipment would constitute a detriment to traffic safety; or
b. The conditions of pedestrian movement are such that use of the equipment
would constitute a detriment to traffic safety.
4. Disapproval.
In the event the registration statement is disapproved, the Zoning
Administrator shall endorse upon the statement the reason for disapproval
and return it to the applicant.
5. Appeals.
Any decision by the Zoning Administrator may be appealed to the City
Council within seven days of action of the Zoning Administrator by
filing a notice of appeal with the City Clerk.
H. Waste
haulers/commercial sweepers and leaf blowers. It shall be unlawful
for any person within any commercial, industrial, or office complex
area of the City to operate any refuse compacting, processing or collection
vehicle, parking lot sweeper or leaf blower within 150 feet of residential
property between the hours of 10:00 p.m. of one day and 7:00 a.m.
of the following day.
I. Loading/unloading.
It shall be unlawful for any person in any commercial or industrial
area of the City that abuts or is located adjacent to any residential
property between the hours of 10:00 p.m. of one day and 7:00 a.m.
of the following day to load or unload any vehicle, or operate any
dollies, carts, forklifts, or other wheeled equipment that causes
any noise that disturbs the peace or quiet of the residential neighborhood.
(2660 § 2, 2005; 2802 § 1, 2011)
A. Emergency
activities. The provisions of this chapter shall not preclude the
operation, maintenance, and repair of equipment, apparatus, or facilities
of essential public services, including those of governmental agencies
and public utilities providing those activities are of an emergency
nature or are necessary to maintain the health, safety, and welfare
of the citizenry.
B. Community activities. Community events, as described in Section
8.08.060 of the Municipal Code, outdoor gatherings, school bands, dances, shows, and athletic events are hereby exempted from the provisions of this chapter provided such activities are conducted pursuant to a duly authorized license or permit.
C. State
and federal preemptions. Motor vehicle and aircraft operations and
any other activity whose regulation has been preempted by state or
federal law is hereby exempted from the provisions of this chapter.
(2660 § 2, 2005; 2802 § 1, 2011)
The City Manager or his or her designee and his or her duly
authorized representatives are hereby directed to enforce the provisions
of this chapter by requiring that the alleged offender correct violations
and achieve compliance with the provisions of this chapter within
a reasonable period of time.
A. The City Manager or his or her designee shall have the power and duty to enforce the following noise control provisions of this Code: Section
8.47.050, Section
8.47.060(A)(2),
(C),
(H), and
(I).
B. The Police Department shall have the power and duty to enforce the following noise control provisions of this Code: Section
8.47.060 (A)(1), (B), (E), (F), (G)(1) and (2).
C. The Building Official shall have the power and duty to enforce the following noise control provisions of this Code: Section
8.47.060(D).
(2660 § 2, 2005; 2802 § 1, 2011)