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)
