No person shall make, continue or cause to be made or continued,
any loud, unnecessary or unusual noise, or any noise which either
annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the City.
(Prior code § 5-17.1; Ord. 21-1722 § 2)
As used in this article:
"A band level"
means the total sound level of all noise as measured with
a sound-level meter using the A weighting network. The unit is dbA.
"Day"
means the time period from 7:00 a.m. to 10:00 p.m.
"Decibel (db)"
means a unit of level which denotes the ratio between two
quantities which are proportional to power; the number of decibels
corresponding to the ratio to two amounts of power is 10 times the
logarithm to the base 10 of this ratio.
"Emergency work"
means work made necessary to restore property to a safe condition
following a public calamity, work required to protect persons or property
from an imminent exposure to danger, or work by private or public
utility service.
"Night"
means the time period from 10:00 p.m. to 7:00 a.m.
"Noise level in decibels"
means the A-weighted sound pressure level as measured using
the slow dynamic characteristic for sound level meters specified in
ASA S1 4-1961, American Standard Specification for General Purpose
Sound Level Meters, or latest revision. The reference pressure is
20 micronewtons/square meter (2 x 10-4 microbar).
"Person"
means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Sound level meter"
means an instrument including a microphone, an amplifier,
an output meter and frequency weighting networks for the measurement
of noise and sound levels in a specified manner as specified in ASA
S1 4-1961, American Standard Specification for General Purpose Sound
Level Meters, or latest revision.
(Prior code § 5-17.2; Ord. 21-1722 § 2)
A. "Ambient
noise" means the all-encompassing noise associated with a given environment
being usually a composite of sounds with many sources near and far,
without inclusion of intruding noises from isolated identifiable sources.
B. Unless
sound-level meter readings determine the ambient noise level in a
given environment to be higher, the ambient noise levels in Norwalk
are presumed to be as follows:
Decibels
|
Time
|
Zone
|
---|
45 dbA
|
Night
|
Residential
|
55 dbA
|
Day
|
Residential
|
60 dbA
|
Anytime
|
Commercial
|
65 dbA
|
Anytime
|
All other zones
|
(Prior code § 5-17.3; Ord. 21-1722 § 2)
A. Any
decibel measurement made pursuant to provisions of article shall be
based on a reference sound pressure of 0.0002 microbars as measured
in any octave band with center frequency, in cycles per second, as
follows: 63, 125, 250, 500,1000, 2000, 4000 and 8000 or as measured
with a sound-level meter using the A weighting network, and using
the slow meter response.
B. Measurements
shall be taken with the microphone located at any point on the property
line, but no closer than three feet from any wall and not less than
three feet above the ground.
C. A minimum
of three readings shall be taken at two minute intervals. The sound
level shall be the average of these readings.
(Prior code § 5-17.4; Ord. 21-1722 § 2)
A. Use
Restricted. Notwithstanding any other provision of this article and
in addition to this article, 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.
B. Prima Facie Violation. An average noise level reading measured pursuant to Section
9.04.130 which exceeds the ambient noise level at the property line of any residential land (or if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima fade evidence of a violation of the provisions of this article.
(Prior code § 5-17.5; Ord. 21-1722 § 2)
In addition to the provisions of Section
9.04.140, the following specific acts are declared to be unlawful:
A. Radios,
Television Sets and Similar Devices.
1. Use
Restricted. It is unlawful for any person within the City to use or
operate any radio receiving set, musical instrument, phonograph, television
set, or other machine or device for the producing or reproducing of
sound at any time in such a manner as to produce noise levels on residential
land which would disturb the peace, quiet and comfort of neighboring
residents or any reasonable person of normal sensitiveness residing
in the area.
2. Prima Facie Violation. An average noise level reading measured pursuant to Section
9.04.130 which exceeds the ambient noise level at the property line of any residential land (or if a condominium or apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this article;
B. Horns,
Signaling Devices, Etc. The sounding of any horn or signaling device
on any vehicle on any street or public place except as a danger warning,
or as required by law, or by safe driving practices; the creation
by means of any such horn or signaling device of any unreasonably
loud or prolonged or harsh sound; the use of any horn or signaling
device operated by means other than by hand or electricity;
C. Loud
Speaker and Amplifiers for Advertising. The using, operating or permitting
to be played, used or operated of any machine or device for the producing
or reproducing of sound which is broadcast upon the public streets
for the purpose of commercial advertising or attracting the attention
of the public to any building, structure or activity, except in compliance
with the terms and conditions of a permit sought from and issued by
the City;
D. Exhausts.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor boat or motor vehicle,
except through a muffler or other device which effectively prevents
loud or explosive noises;
E. Construction
or Repairing of Buildings. The erection (including excavation), demolition,
alteration, construction or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. or sunset, whichever is later,
except in the case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Official
or Director of Community Development, which permit may be granted
for a period not to exceed three days while the emergency condition
continues, and which permit may be renewed for periods of three days
or less while the emergency continues; if the Building Official or
Director of Community Development should determine that public health,
safety, comfort and convenience will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of sites other than streets and highways within the hours of 6:00
p.m. or sunset, whichever is later, and 7:00 a.m., or any part, and
that substantial loss or inconvenience would result to any party in
interest denied permission to do so, he or she may grant permission
for such work, or any part, to be done, within the hours of 6:00 p.m.
or sunset, whichever is later, and 7:00 a.m., or any day, or at such
times within such hours as he or she shall fix in accordance with
such determination;
F. Hawkers
and Peddlers. The shouting and crying, or the use of any sound-making
device to attract attention, by peddlers, hawkers, itinerant merchants
or itinerant vendors in any residential neighborhood, which disturbs
the peace and quiet, or between the hours of 9:00 p.m. and 8:00 a.m.;
G. Pile Drivers, Hammers, Etc. The operation between the hours of 6:00 p.m. or sunset, whichever is later, and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, hoist, or other appliances, the use of which is attended by loud or unusual noise, unless the Director of Building and Safety grants permission pursuant to the standards provided in subsection
E of this section;
H. Engines
and Motors. The operation of any electric motor or engine, the starting
or running of which is attended by sudden, loud or unusual noise,
unless such motor is enclosed within a sound-insulated structure so
as to prevent such noise from being plainly audible at a distance
of 50 feet from such structure, or within 10 feet of any residence;
I. Motor
Vehicles. Racing the motor of any motor vehicle or needlessly bringing
to a sudden start or stop any motor vehicle.
(Prior code § 5-17.6; amended during 1999 codification; Ord. 21-1722 § 2)
No permit shall be required to perform emergency work as defined in Section
9.04.110 nor shall the provisions of this article apply to those activities or undertakings of a public utility company and which relate to the normal maintenance and/or construction activities of the utility.
(Prior code § 5-17.7; Ord. 21-1722 § 2)