The council enacts this article for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.
(Prior code § 11-72; Ord. 4973 § 23, 1991)
It is 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 in a fixed or movable position, or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in, or upon any street, alley, sidewalk, park, place, public space, public right-of-way or public property without first filing a registration statement and obtaining approval thereof as provided in this chapter.
(Prior code § 11-73; Ord. 4973 § 24, 1991)
A. 
Filing of Registration Statement. Every user of sound-amplifying equipment shall file a registration statement with the city clerk five days prior to the date which the sound-amplifying equipment is intended to be used and which shall contain the following information:
1. 
Name and address of both the owner and user of the sound-amplifying equipment;
2. 
The maximum sound-producing power of the sound-amplifying equipment to be used which shall include the wattage to be used; the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound-amplifying equipment;
3. 
License and motor number if a sound truck is to be used;
4. 
A general description of the sound-amplifying equipment which is to be used;
5. 
Whether commercial or noncommercial use.
B. 
Approval of Registration Statement. The city clerk shall return to the applicant an approved certified copy of the registration statement unless it is found that one of +the following conditions exists:
1. 
Conditions of motor vehicle movement are such that, in the opinion of the police chief, sound-amplifying equipment for commercial purposes would constitute a detriment to traffic safety;
2. 
Conditions of pedestrian movement are such that, in the opinion of the police chief, sound-amplifying equipment for commercial purposes would constitute a detriment to traffic safety;
3. 
There has been a failure to comply with the “Warning” requirements set forth in Section 8.36.150 where the noise level exceeds 95 dbA;
4. 
The application required in this chapter reveals that the applicant would violate the regulations prescribed in this article or any other provisions of this code.
C. 
In the event that the city clerk does not approve the registration statement, the city clerk shall endorse upon the application the reasons for disapproval and return it forthwith to applicant.
(Prior code § 11-74; Ord. 4973 § 25, 1991)
The provisions of Chapter 2.88 relating to appeals shall be applicable.
(Prior code § 11-75; Ord. 4973 § 26, 1991)
Prior to the issuance of the registration statement, as provided above, a fee to be established or modified by resolution shall be paid to the city for the operation of a loudspeaker or sound-amplifying equipment for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound-amplifying equipment for noncommercial purposes.
(Prior code § 11-75.1; Ord. 4973 § 27, 1991)
Commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
A. 
The only sound permitted shall be either music or human speech or both.
B. 
The operation of sound-amplifying equipment shall only occur between the hours of seven a.m. and ten p.m. each day except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of seven a.m. and ten p.m.
C. 
No sound emanating from sound-amplifying equipment shall exceed fifteen dbA above the actual or presumed ambient, as measured at any property line.
D. 
Notwithstanding subsection C of this section, sound-amplifying equipment shall not be operated within two hundred feet of churches, schools, hospitals, libraries or city or county buildings.
E. 
In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility, or interfere with comfort, peace, quiet, repose or endanger the health of inhabitants of the area.
(Prior code § 11-75.2; Ord. 4973 § 28, 1991)
The following activities shall be exempted from the provisions of this chapter:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency works is exempt for as long a period of time as is necessary to constitute adequate alerting of persons to the existence of the emergency or the emergency work;
B. 
Warning devices for the protection of public safety, as for example, police, fire, ambulance, train horns, automobile horns, vehicle alarm devices are exempt as long as they are used for the purpose of warning for the protection of public safety;
C. 
Activities conducted on public parks or playgrounds and public or private school grounds including but not limited to school athletic and school entertainment events or outdoor activities such as public dances, shows, sporting events, and entertainment events provided such events are conducted pursuant to a permit issued by the city where otherwise required;
D. 
Public health and safety activities conducted by public utilities, transportation, flood control and utility company maintenance and construction operations any time on public right-of-way and these situations which may occur on private real property deemed necessary to serve the best interest of the public and to protect the public’s health and well-being, including but not limited to, police, fire, street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and main gas lines, oil lines and sewers;
E. 
Any mechanical device, apparatus or equipment used, related to, or connected with emergency machinery or vehicle work;
F. 
All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during the periods of potential or actual frost damage or other adverse weather conditions or other crop sources;
G. 
Noise sources associated with maintenance of real property, provided such activities take place between 8:00 a.m. and 5:00 p.m.;
H. 
Testing of emergency signal devices, or testing of a station’s emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds;
I. 
Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limits specified in subsection H of this section shall not apply to such complete system testing;
J. 
Any activity to the extent that regulation thereof has been preempted by state or federal law;
K. 
Any activity, operation or noise which cannot feasibly be brought into compliance with this chapter because it is technically infeasible to do so. The burden of proving that compliance is technically infeasible shall be upon the person or persons charged with a violation of this section. Technical infeasibility shall mean that such noise limitations cannot be complied with despite the use of mufflers, shields, sound barriers and/or any other noise reduction device or techniques during the operation of the equipment.
(Prior code § 11-75.3; Ord. 4973 § 29, 1991)
As an additional remedy to misdemeanor prosecution as provided in this chapter, the operation or maintenance of any device, instrument, vehicle or machine in violation of any provision of this chapter and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which interferes with the comfort, peace, quiet, repose or endangers the health 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 § 11-75.4; Ord. 4973 § 30, 1991)
A. 
Unless otherwise specified in this chapter, the variance procedure set forth in Title 30 of this code may be used by any person who desires to obtain a variance from these noise regulations. In addition to the grounds for granting a variance set forth in Title 30 of this code, a variance may be granted if it is not technically feasible for the activity, operation or noise to be brought into compliance with the requirements of this chapter, and no other reasonable alternatives are available to the applicant.
B. 
A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. In addition to the contents of an application required to obtain a variance under Title 30 of this code, the application shall set forth all actions taken to comply, the reasons why compliance cannot be achieved, a proposed method achieving compliance as close as technically possible to the requirements of this chapter, the noise levels if the variance is granted, and a proposed time schedule.
C. 
A variance shall not exceed 365 days from the date on which it was granted.
(Prior code § 11-75.5; Ord. 4973 § 31, 1991)
Appeals may be made to the planning commission pursuant to Title 30 of this code and then to the city council pursuant to Chapter 2.88 of this code.
(Prior code § 11-75.6; Ord. 4973 § 32, 1991; Ord. 5437 § 5, 2005; Ord. 5888 § 5, 2016)