It is declared to be the policy of the city that the peace,
health, safety and welfare require protection from excessive, unnecessary
and unreasonable noises from any and all sources in the community.
It is the intention of the city council to control the adverse effect
of such noise sources under any condition of use, especially those
conditions of use which have the most severe impact upon individuals.
(Ord. 1088 § 1, 1990)
“Ambient”
means the average sound level during a six-minute period
as measured with a precision sound level meter, using slow response
and “A” weighting. The sound level shall be determined
with the noise source at issue silent and in the same location as
the measurement of the noise level of the source or sources at issue.
If for any reason the alleged offending noise source cannot be shut
down, the ambient noise must be estimated by performing a measurement
in the same general area of the source but at a sufficient distance
that the noise from the source is at least ten dB below the ambient
so that only the ambient level is measured. If the difference between
the ambient and the noise source is five to nine dB, then the level
of the ambient itself can be determined by subtracting a one dB correction
to account for the contribution of the source.
“Emergencies”
means essential activities necessary to restore, preserve,
protect or save lives or properties from imminent danger or loss or
harm.
“Noise level”
means the maximum sound level by a source or group of sources
as measured with a precision sound level meter, conforming to the
American National Standards Institute Standard S1.4-1983, for type
1 meters (or successor reference), using the “A” weighting
scale and the meter response function set to “SLOW,” five
feet above the ground.
“Property plane”
means a vertical plane including the property line which
determines the property boundaries in space.
“Sound level,”
expressed in decibels (dB), means a logarithmic indication
of the ratio between the acoustic energy present at a given location
and the lowest amount of acoustic energy audible to sensitive human
ears and weighted by frequency to account for characteristics of human
hearing, as given in the American National Standards Institute Standard
S1.1, “Acoustic Terminology,” paragraph 2.9, or successor
reference. All references to dB in this chapter utilize the A-level
weighting scale.
“Vehicle”
means any device by which any person or property may be propelled,
moved or drawn upon a highway or street.
(Ord. 1088 § 1, 1990)
It is unlawful for any person to operate or cause to be operated any source of sound, on multifamily residential property or multitenant commercial or industrial property, a noise level more than ten dB above the level allowed by Section
8.32.030 three feet from any wall, floor or ceiling inside any unit on the same property when the windows and doors of the unit are closed, except within the unit in which the noise source or sources is located.
(Ord. 1088 § 1, 1990)
If the applicant can show to the city manager, or the manager’s
designee, that a diligent investigation of available noise abatement
techniques indicates that immediate compliance with the requirements
of this chapter would be impractical or unreasonable, a permit to
allow exception from the provisions contained in this chapter may
be issued, with appropriate conditions to minimize the public detriment
caused by such exceptions. Any such permit shall be of as short a
duration as possible, but in no case for longer than six months. These
permits are renewable upon a showing of good cause, and shall be conditioned
by a schedule for compliance and details of compliance methods in
appropriate cases.
(Ord. 1088 § 1, 1990)
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 purpose of giving
instructions, directions, talks, addresses, lectures, or transmitting
music to any persons or assemblages or persons in or upon any street,
alley, sidewalk, park, place or public property without first having
obtained a permit from the chief of police.
(Ord. 1088 § 1, 1990)
The commercial and noncommercial use of sound-amplifying equipment
shall be subject to the following regulations:
(a) The
only sounds permitted shall be either music or human speech, or both.
(b) The
operation of sound-amplifying equipment shall only occur between the
hours of eight a.m. and eight p.m. 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 occur only between the
hours of ten a.m. and eight p.m.
(Ord. 1088 § 1, 1990)
The operation or maintenance of any device, instrument, vehicle
or machinery in violation of any provision of this chapter, which
operation or maintenance causes discomfort or annoyance to 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 by restraining
order or injunction issued by a court of competent jurisdiction. Any
noise level exceeding the limits specified in this chapter shall be
deemed to be prima facie evidence of a violation of the provisions
of this chapter.
(Ord. 1088 § 1, 1990)
Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter is guilty of a misdemeanor and, upon conviction, such person shall be punished as provided in Chapter
1.24 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. 1088 § 1, 1990)