Intrusive and excessive noise can pose a serious hazard to the public's health, welfare, safety, and quality of life. This chapter establishes standards for the regulation of intrusive noise in order to protect the public interest from detrimental impacts produced by noise hazards that can degrade the quality of life.
(Ord. 386-10)
All terminology used in this chapter shall be defined as follows:
"Agricultural property"
means any area in which agricultural uses are permitted.
"Ambient noise level"
means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environment noise at a given location.
"Amplified sound"
means any sound created by the use of sound-amplifying equipment.
"A-weighting"
means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.
"Commercial area"
means any area defined as commercial in this code.
"Construction"
means any site preparation, assembly, erection, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.
"Contracted service"
means performing work under agreement, whether oral or written, in exchange for anything of value, including without limitation money, goods, services, or good will.
"Decibel (dB)"
means a unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-Pascals.
"Demolition"
means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
"Emergency work or action"
means any work or action necessary to restore property to a safe and usable condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage, or work by public or private utilities to restore utility service.
"Fixed noise source"
means a stationary device which creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
"Impulsive sound"
means sound of short duration, usually less than two seconds, with an abrupt onset and rapid decay. Examples of impulsive sounds include striking objects and drop impacts.
"Intrusive noise"
means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence and tonal quality, as well as the prevailing ambient noise level.
"Noise control officer (NCO)"
means the designated Town Officer or agent responsible for administering and enforcing this chapter.
"Noise level measurement"
means the procedure of measuring sound consisting of the usage of a precision sound level meter (SLM), as defined in the section, set to "fast" response. If the sound level meter is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone shall be a minimum of three and one-half feet from any wall, floor or other large sound reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.
"Precision sound level meter"
means a sound pressure level measuring instrument which conforms to the International Electrotechnical Commission (IEC) specification 60651 or 60804 American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments or equivalent.
"Public right-of-way"
means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
"Public space"
means any real property or structures thereon which are owned or controlled by a governmental entity.
"Real property boundary"
means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by the one person from that owned by another person, but not including intra-building real property divisions.
"Residential area"
means any area defined as residential in this code.
"Sound-amplifying equipment"
means any device for the amplification of the human voice, music, or any other sound, excluding:
1. 
Standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed; and
2. 
Warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
(Ord. 299-00; Ord. 379-09; Ord. 386-10; Ord. 16-451)
A. 
It is unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any unnecessary, unusual or intrusive noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
B. 
The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. 
The sound level of the objectionable noise;
2. 
The sound level of the ambient noise;
3. 
The proximity and timing of the noise in relation to residential sleeping facilities and normal sleeping hours;
4. 
The nature and zoning of the area within which the noise emanates;
5. 
The number of persons affected by the noise source;
6. 
The time of day or night the noise occurs;
7. 
The duration of the noise and its tonal quality;
8. 
Whether the noise is continuous, recurrent or intermittent;
9. 
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 299-00; Ord. 379-09)
A. 
Exterior Noise. Exterior noise levels shall be measured at the property line of the affected church, commercial property, public facility, residential property, or school.
B. 
Noise Measurement Equipment. Any noise measurement made in compliance with this section shall be made with a sound level meter using the A-weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed before the recording of any noise data.
(Ord. 386-10)
A. 
General Restriction. It is unlawful for any person, at any location within the Town, to create any noise or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which does not comply with the provisions of this section, unless the provisions of Section 8.04.040 (Exemptions to noise regulations), below have been met.
B. 
Exterior Levels. Exterior noise levels, when measured at any receiving church, commercial, public facility, residential or school property, do not conform to the provisions of this section when they exceed the noise level standards established by Table 8-04-1.
C. 
Ambient Noise Level Adjustment. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted to equal the ambient noise level. For example, if the applicable noise level standard is 60 dB(A) and the ambient noise level is 63 dB(A), the applicable noise level standard would be adjusted to 63 dB(A).
D. 
Intruding Noise Source. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period to allow measurement of the ambient noise level, the noise level measured while the intruding noise source is in operation shall be compared directly to the applicable noise level standards in Table 8-04-1.
Table 8-04-1
NOISE STANDARD BY RECEIVING LAND USE
Noise Level Standards, dB(A)
Cumulative number of minutes in any hour
Day: 8:00 a.m. to 9:00 p.m.(2)
Night: 9:00 p.m.(2) to 8:00 a.m.
Hospital, Library, Religious Institution, Residential, or School Uses
30 (1)
55
50
15
60
55
5
65
60
1
70
65
0
75
70
Commercial Uses
30
65
60
15
70
65
5
75
70
1
80
75
0
85
80
Notes:
(1)
For example, this means the measured noise level may not exceed 55 dB(A) for more than 30 minutes out of any one-hour time period.
(2)
The start of day hours shall be 8:00 a.m. unless otherwise specified in this chapter; the start of night hours shall be seasonally adjusted in summer months (defined as June 1st to September 30th) to coincide with sunset and may extend to one hour past sunset but not later than 10:00 p.m.
DECIBEL COMPARISON CHART
Decibel level
What we hear
10 dB
Normal breathing
20 dB
Rustling leaves, mosquito
30 dB
Whisper
40 dB
Stream, refrigerator humming
50—60 dB
Quiet office
50—65 dB
Normal conversation
60—65 dB
Laughter
70 dB
Vacuum cleaner, hair dryer
75 dB
Dishwasher
78 dB
Washing machine
80 dB
Garbage disposal, city traffic noise
84 dB
Diesel truck
Prolonged exposure to any noise above 85 dB can cause gradual hearing loss.
70—90 dB
Recreational vehicle
88 dB
Subway, motorcycle
85—90 dB
Lawnmower
100 dB
Train, garbage truck
97 dB
Newspaper press
98 dB
Farm tractor
Regular exposure of more than one minute risks permanent hearing loss.
103 dB
Jet flyover at 100 feet
105 dB
Snowmobile
110 dB
Jackhammer, power saw, symphony orchestra
120 dB
Thunderclap, discotheque/boom box
110—125 dB
Stereo
110—140 dB
Rock concerts
130 dB
Jet takeoff, shotgun firing
145 dB
Boom cars
(Ord. 386-10)
A. 
Animals. It is unlawful for any person to keep, or maintain, or permit to be kept or maintained upon any premises owned, occupied, or controlled by such person any animal or animals (except barking dogs, which are regulated by Section 6.04.050) which by any frequent or long-continued noise, shall cause annoyance or discomfort to two or more reasonable persons of normal sensitivity who reside in separate residences, including apartments and condominiums. However, the NCO may proceed on the basis of a complaint from only one person if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual. Any noise which is audible continuously for 10 minutes, or intermittently for 30 minutes shall be prima facie evidence of such annoyance or discomfort. Factors which may be used to evaluate excessive animal noise include but are not limited to: pitch; pattern; duration; and frequency of occurrence.
B. 
Contracted Services. No person engaged in work as a contracted service shall operate or cause the operation of any tools or equipment, including petroleum or electrically powered equipment such that the sound therefrom creates intrusive noise across a residential or commercial real property boundary, except: (1) between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday (excluding holidays); (2) between the hours of 9:00 a.m. and 12:00 p.m. on Saturdays on the condition that a property owner or tenant is present; or (3) except by permit issued pursuant to Section 8.04.040(E).
C. 
Property Owner or Tenant Activity. No person engaged in work on a property which such person owns or rents shall operate or cause the operation of any tools or equipment, including petroleum or electrically powered equipment, such that the sound therefrom creates intrusive noise across a residential or commercial real property boundary, except: (1) between the hours of 9:00 a.m. and 6:00 p.m., seven days a week; or (2) by permit issued pursuant to Section 8.04.040(E).
D. 
Fixed Noise Sources. Any fixed noise sources shall be sufficiently enclosed or muffled and maintained so as not to create an intrusive noise across a real property boundary.
E. 
Sound-Amplifying Equipment. It is unlawful for any person to use or operate for any purpose any sound amplifying equipment, loudspeaker, loudspeaker system or similar device, such that the sound creates an intrusive noise, or, if emanating from private property can be heard across a real property line, except for any activity for which a sound amplification permit pursuant to Section 8.04.050, a use permit or special event permit has been issued by the Town.
F. 
Holidays Defined. As used in this section, the term "holiday" shall mean Dr. Martin Luther King's Birthday, President's Day, Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving, Friday following Thanksgiving, Christmas, and New Years Day. If any of the preceding holidays occur on a weekend day, then the prior Friday if on a Saturday or the following Monday if on a Sunday shall be defined as the holiday for the purposes of noise prohibition.
(Ord. 299-00; Ord. 386-10; Ord. 16-451)
A. 
Emergency Exemption. The provisions of this chapter shall not apply to:
1. 
The emission of sound for the purpose of alerting persons to the existence of an emergency; or
2. 
The emission of sound in the performance of emergency work or action.
3. 
The performance of a public works project where the Town Manager determines that the project has the potential to disrupt traffic and that this disruption could be alleviated by authorizing construction work outside the permitted hours or that due to time constraints on project completion it is necessary to allow work outside the permitted hours.
B. 
Warning Devices. Warning devices necessary for the protection of public safety, as for example police, fire and ambulance sirens, and train horns, shall be exempt from the provisions of this chapter.
C. 
Outdoor Activities. The provisions of this chapter shall not apply to temporary events and special events provided such events are conducted pursuant to licenses or permits issued pursuant to Chapter 8.24, or the zoning ordinance, and then only as specifically required by such chapters or any standards adopted by resolution of the Council for the purpose of implementing such chapters. The provisions of this section shall not apply to public agency sanctioned recreational activities/programs conducted in public parks.
D. 
Agricultural Operations. The provisions of this chapter shall not apply to all mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural property.
E. 
Special Circumstances. The Town Manager may grant an exception to the provisions of this chapter upon written application if the Town Manager determines that: (1) the activity is otherwise permitted by this code; and (2) the benefit to be derived by the applicant from conducting such activity at the time and place specified in the application outweighs the detriment, if any, to the neighborhood in which the activity will be conducted.
F. 
Established, Entitled, and/or Service Activities. The activities listed below are established, permitted, or otherwise routine activities that have the potential to exceed adopted standards for relatively short periods of duration. These activities are exempt from the noise standards; however, chronic and continued nuisance noise produced by such uses will be cause for conciliation with Town staff to discuss modification of operations to mitigate and abate the nuisance.
1. 
Deliveries to commercial establishments and residences;
2. 
Moving activities within residential areas;
3. 
Occasional social gatherings within residential areas within daytime hours;
4. 
Street and parking lot sweeping;
5. 
Garbage, recycling, and green waste collection;
6. 
Hot air balloon launches and low level operations;
7. 
Religious events. Chimes, bells, and other temporary noise associated with religious institutions;
8. 
Special events. Any event or use for which a special event permit has been issued by the Town that specifically allows noise levels to be exceeded;
9. 
Conditional use permits. Any use for which a use permit has been issued by the Town that specifically allows noise levels to be exceeded;
10. 
Town, State, Federal, and public utility projects and activities. Construction work performed by the Town, the State, Federally regulated activities, and/or public utilities, and their respective agents or contractors, for maintenance, repair, or construction projects or activities regulated or exempted by these agencies (e.g., the Wine Train) or activities that cannot be performed within the defined construction hours;
11. 
Schools/athletic fields/playgrounds/parks/public tennis courts/public recreation facilities/community center. Any organized athletic events or activities occurring on school grounds, athletic fields, playgrounds, the community center, parks, tennis courts, or other public recreation facilities owned or operated by the school district, the Town; provided, no amplified music or sound system is utilized unless specifically permitted.
(Ord. 299-00; Ord. 386-10)
A. 
Application. Any person desiring to obtain an amplification permit shall submit a written application to the Town Manager. The application shall describe in detail the following information:
1. 
The activity proposed to be conducted for which the sound amplification permit is requested; and
2. 
The amplification equipment or devices to be used; and
3. 
The steps that the applicant will take to insure that the sound amplification will not unreasonably disturb other people within the vicinity; and
4. 
The location where the sound amplification is to take place; and
5. 
The neighborhood surrounding the location where the sound amplification is to take place; and
6. 
The name of the person who shall be responsible for monitoring and insuring compliance with the terms of any permit that is granted; and
7. 
Shall include any other information that the Town Manager may require.
B. 
Granting or Denial of Permit. The Town Manager may grant the sound amplification permit if he or she determines that the sound amplification will be conducted in such a manner as not to unreasonably disturb the neighbors or other persons in the vicinity of the sound amplification, and if he or she further determines that if actually implemented, the steps to be taken by the applicant to minimize or avoid such disturbance will be adequate. In granting the permit, the Town Manager may impose such conditions as may be appropriate or necessary in order to protect the public peace and safety.
C. 
Revocation of Permit. Any permit granted pursuant to this section shall be revocable at any time by the Town Manager for good cause.
D. 
Appeal. Any person aggrieved by a decision rendered by the Town Manager pursuant to this chapter shall have the right to appeal the decision to the Town Council, as provided in Chapter 1.30.
(Ord. 73 1972; Ord. 299-00; Ord. 386-10)