As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
"Ambient noise"
is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated, identifiable sources, at the location and time of day near that at which a comparison is to be made.
"Decibel"
means a unit of level when the base of the logarithm is the 10th root of 10 and the quantities concerned are proportional to power.
"Emergency work"
means work 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.
"Frequency"
of a function periodic in time means the reciprocal of the primitive period. The unit is the hertz and shall be specified.
"Hertz"
means the complete sequence of values of a period quantity which occurs during a period.
"Microbar"
means a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
"Period"
of a periodic quantity means the smallest increment of time for which the function repeats itself.
"Periodic quantity"
means oscillating quantity, the values of which recur for equal increments of time.
"Person"
means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.
"Sound level"
(noise level), in decibels (dB) is the sound measured with the "A" weighting and slow response by a sound level meter.
"Sound level meter"
means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirement in American Standard Specifications for sound level meters, S1. 4-1971 or the most recent revision thereof.
"Motor vehicles"
include all-terrain vehicles including minibikes, go-carts, motorbikes, motorcycles and other such vehicles.
"Sound amplifying equipment"
means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment," as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
"Sound truck"
means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.
"Commercial purpose"
means and includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment.
"Noncommercial purpose"
means the use, operation or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.
"Intensive commercial"
means those office and commercial zones within the City which exhibit ambient noise levels in excess of the "Office and Commercial" areas defined in Section 17-16.030.
(Prior code § 27.1)
The following criteria will be used as a base (ambient noise level) from which noise levels can be compared.
Zone
Time
Sound Level A (decibels) Community Environment Classification
R1 and R2
10 p.m. to 7 a.m.
45
R1 and R2
7 p.m. to 10 p.m.
50
R1 and R2
7 a.m. to 7 p.m.
55
Multi-family
10 p.m. to 7 a.m.
50
Multi-family
7 a.m. to 10 p.m.
55
Office & Commercial
10 p.m. to 7 a.m.
55
Office & Commercial
7 a.m. to 10 p.m.
60
Intensive Commercial*
10 p.m. to 7 a.m.
55
Intensive Commercial
7 a.m. to 10 p.m.
65
Industrial
Anytime
70
Notes:
*
See Appendix B as set forth on a map on file in the office of the City clerk.
(Prior code § 27.3)
Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards 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:
(A) 
The level of noise;
(B) 
The intensity of the noise;
(C) 
Whether the nature of the noise is usual or unusual;
(D) 
Whether the origin of the noise is natural or unnatural;
(E) 
The level and intensity of the background noise, if any;
(F) 
The proximity of the noise to residential sleeping facilities;
(G) 
The nature and zoning of the area within which the noise emanates;
(H) 
The density of the inhabitation of the area within which the noise emanates;
(I) 
The time of the day or night the noise occurs;
(J) 
The duration of the noise;
(K) 
Whether the noise is recurrent, intermittent or constant;
(L) 
Whether the noise is produced by a commercial or noncommercial activity.
(Prior code Ch. 27, Art. I, Div. 5)
Every person who violates any provision of this chapter is guilty of a misdemeanor. Each day a violation is committed, or permitted to continue after notification to desist, is a separate offense.
(Prior code § 27.4; Ord. 3238 § 28(b), 1996)
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance cause discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Prior code § 27.5)