It is the policy of the city to prohibit unnecessary, excessive
and annoying noises from all sources subject to its police power.
At certain levels noises are detrimental to the health and welfare
of the citizenry and in the public interests shall be proscribed.
For example, public and private gatherings or parties that are loud
and/or disorderly interfere with the public peace. Furthermore, gatherings
that require repeated police responses increase the cost of public
safety services and deter the police department and the city from
addressing other public safety matters.
(Ord. 1173 § 1, 1972; Ord. 1655 § 1, 1996)
As used in this chapter, unless the context otherwise clearly
indicates, the words and phrases used in this chapter are defined
as follows:
"Alcohol"
means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced.
"Alcoholic beverage"
includes alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alcohol, spirits, wine, or beer, and which
contains one-half of one percent or more of alcohol by volume and
which is fit for beverage purposes either alone or when diluted, mixed,
or combined with other substances.
"Ambient noise"
means 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 fifteen 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.
"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.
"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 of two amounts of power is ten times the
logarithm to the base ten of this ratio.
"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.
"Frequency" of a function periodic in time means the reciprocal
of the period. The unit is the hertz or cycle per second.
"Gathering or party"
includes a gathering or party of two or more persons or activity
attended by a group of persons on public or private property.
"Loud and/or disorderly gathering or party"
includes a loud and/or disorderly activity attended by a
group of persons on public or private property which disturbs the
peace or quiet of any neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitivity. Loud and/or disorderly
gathering or party shall not include any city sanctioned uses and/or
functions.
"Microbar"
means a unit of pressure commonly used in acoustics and is
equal to one dyne per square centimeter.
"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.
"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.
"Person responsible"
means the person responsible for a loud and/or disorderly
gathering or party or gathering and/or party where alcoholic beverages
are furnished, given, obtained, possessed, or consumed by any person
under twenty-one years of age, shall be deemed to be, in order of
priority:
(1)
The owner(s) of the premises where the loud and/or disorderly
gathering or party, or gathering and/or party where alcoholic beverages
are furnished, given, obtained, possessed, or consumed by any person
under twenty-one years of age, takes place, if the premises are owner-occupied
property;
(2)
The tenant(s) of the premises where the loud and/or disorderly
gathering or party or gathering and/or party where alcoholic beverages
are furnished, given, obtained, possessed, or consumed by any person
under twenty-one years of age, takes place, if the premises are tenant-occupied
property;
(3)
The person(s) who organized, sponsored or is hosting the loud
and/or disorderly gathering or party or gathering and/or party where
alcoholic beverages are furnished, given, obtained, possessed, or
consumed by any person under twenty-one years of age.
(4)
The parent or legal guardian of any person responsible who is
a minor shall be liable for any public safety service expenses and
fine(s) imposed upon the minor pursuant to the provisions of this
chapter. Any such public safety service expenses and fine(s) may be
collected from the minor, parent or guardian.
"Public address equipment"
means any machine or device for the amplification of the
human voice, music or any other sound, when used outdoors or indoors
in places of public assembly.
Sound level.
"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, or an amplifier,
an output meter and frequency weighting networks for the measurement
of sound levels which satisfies the pertinent requirements in American
Standard Specifications for sound level meters S1 4-1971 or the most
recent revision thereof.
"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 public address equipment.
"Special security assignment"
means the assignment of police officers, equipment and other
services during a second or subsequent call to a location within a
twelve-month period to disband the loud and/or disorderly gathering
or party, or gathering and/or party where alcoholic beverages are
furnished, given, obtained, possessed, or consumed by any person under
twenty-one years of age, after providing a written warning that the
loud and/or disorderly gathering or party violates the law.
(Ord. 1936 § 2, 2010)
Any sound level measurement made pursuant to the provisions
of this chapter shall be measured with a sound level meter using the
"A" weighting.
(Ord. 1173 § 1, 1972)
When "ambient noise level" is referred to in this chapter, it
means the higher of the following:
(1) Actual
measured ambient noise level; or
(2) Ambient
base level (see chart below).
Zone
|
Time
|
---|
7 a.m. to 7 p.m.
|
7 p.m. to 10 p.m.
|
10 p.m. to 7 a.m.
|
---|
Single-Family Residential
|
R-1
|
55 dBA
|
50 dBA
|
45 dBA
|
R-A
|
55 dBA
|
50 dBA
|
45 dBA
|
E-3
|
55 dBA
|
50 dBA
|
45 dBA
|
E-4
|
55 dBA
|
50 dBA
|
45 dBA
|
E-5
|
55 dBA
|
50 dBA
|
45 dBA
|
E-6
|
55 dBA
|
50 dBA
|
45 dBA
|
E-7
|
55 dBA
|
50 dBA
|
45 dBA
|
Multifamily Residential
|
A-2
|
55 dBA
|
55 dBA
|
50 dBA
|
R-2
|
55 dBA
|
55 dBA
|
50 dBA
|
R-3
|
55 dBA
|
55 dBA
|
50 dBA
|
G-A
|
55 dBA
|
55 dBA
|
50 dBA
|
M.H.P.
|
55 dBA
|
55 dBA
|
50 dBA
|
Commercial
|
C-1
|
65 dBA
|
65 dBA
|
60 dBA
|
C-2
|
65 dBA
|
65 dBA
|
60 dBA
|
C-3
|
65 dBA
|
65 dBA
|
60 dBA
|
C-M
|
65 dBA
|
65 dBA
|
60 dBA
|
Manufacturing
|
M-1
|
70 dBA
|
70 dBA
|
70 dBA
|
M-1A
|
70 dBA
|
70 dBA
|
70 dBA
|
Special Zones
|
MS
|
55 dBA
|
50 dBA
|
45 dBA
|
Wherever two different zones are contiguous, the lower ambient
noise level at the common property line shall apply.
|
(Ord. 1173 § 1, 1972; Ord. 1180 § 3, 1973)
It is unlawful for any person within the city to sell anything
by outcry within any area of the city zoned for residential uses.
The provisions of this section shall not be construed to prohibit
the selling by outcry of merchandise, food and beverages at licensed
sporting events, parades, fairs, circuses and other similar licensed
public entertainment events.
(Ord. 1173 § 1, 1972)
It is unlawful for any person to use any drum or other instrument
or device of any kind for the purpose of attracting attention by the
creation of noise within the city. This section shall not apply to
any person who is a participant in a school band or duly licensed
parade or who has been otherwise duly authorized to engage in such
conduct.
(Ord. 1173 § 1, 1972)
It is unlawful for any person to create any noise on any street,
sidewalk or public place adjacent to any school, institution of learning
or church while the same is in use or adjacent to any hospital, which
noise unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such streets, sidewalk or public
place, as determined and specified by the public works department,
indicating the presence of a school, church or hospital.
(Ord. 1173 § 1, 1972)
No person shall keep or maintain or permit the keeping of, upon
any premises owned, occupied or controlled by such person, any animal
or fowl otherwise permitted to be kept which, by any sound, cry or
behavior, shall cause annoyance or discomfort to a reasonable person
of normal sensitiveness in any residential neighborhood.
(Ord. 1173 § 1, 1972)
It is unlawful for any person to operate any machinery, equipment,
pump, fan, air conditioning apparatus or similar mechanical device
in any manner so as to create any noise which would cause the noise
level at the property line of any property to exceed the ambient noise
level by more than five decibels.
(Ord. 1173 § 1, 1972)
It is unlawful for any person within a residential zone, or
within a radius of five hundred feet therefrom, to operate equipment
or perform any outside construction or repair work on buildings, structures
or projects or to operate any pile driver, power shovel, pneumatic
hammer, derrick, power hoist or any other construction type device
(between the hours of nine p.m. of one day and seven a.m. of the next
day) in such a manner that a reasonable person of normal sensitiveness
residing in the area is caused discomfort or annoyance unless beforehand
a permit therefor has been duly obtained from the city. No permit
shall be required to perform emergency work as defined in Section
9.44.020(c).
(Ord. 1173 § 1, 1972)
It is unlawful for any person within any residential area of
the city to repair, rebuild, or test any motor vehicle (between the
hours of nine p.m. of one day and seven a.m. of the next day) in such
a manner that a reasonable person of normal sensitiveness residing
in the area is caused discomfort or annoyance.
(Ord. 1173 § 1, 1972)
It is unlawful for any person to operate any motor-driven vehicle
within the city in such a manner that a reasonable person of normal
sensitiveness residing in the area is caused discomfort or annoyance;
provided, however, any such vehicle which is operated upon any public
highway, street or right-of-way shall be excluded from the provisions
of this section.
(Ord. 1173 § 1, 1972)
The council enacts this legislation for the sole purpose of
securing and promoting the public health, comfort, safety and welfare
of its citizenry. While recognizing that the use of public address
equipment is protected by the constitutional rights of freedom of
speech and assembly, the council nevertheless feels obligated to regulate
reasonably the use of public address equipment in order to protect
the correlative constitutional rights of the citizens of this community
to privacy and freedom from public nuisance of loud and unnecessary
noise.
(Ord. 1173 § 1, 1972)
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 public address 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 or public property without first filing a registration statement and obtaining approval thereof as set forth in Section
9.44.160.
(Ord. 1173 § 1, 1973)
Any person aggrieved by disapproval of a registration statement may appeal to the city council by filing with the city clerk a written notice of appeal within ten days from the date of the disapproval. If such an appeal is filed within the required time, the city council shall, within a reasonable time, review the matter at a public hearing. At the conclusion of said hearing the city council shall determine whether or not the registration statement complies with the provisions of Section
9.44.190 and other provisions of this code, and its decision shall be final.
(Ord. 1173 § 1, 1972)
Prior to the issuance of the registration statement, a fee in
the amount of ten dollars per day, or any portion thereof, shall be
paid to the city, if the loudspeaker or public address equipment is
to be used for commercial purposes. No fee shall be required for the
operation of a loudspeaker or public address equipment for noncommercial
purposes.
(Ord. 1173 § 1, 1972)
The commercial and noncommercial use of public address equipment
shall be subject to the following regulations:
(1) The
only sounds permitted shall be either music or human speech, or both;
(2) The
operation of public address equipment shall only occur between the
hours of seven a.m. and nine p.m. each day except on Sundays and legal
holidays. No operation of public address equipment for commercial
purposes shall be permitted on Sundays or legal holidays. The operation
of public address equipment for noncommercial purposes on Sundays
and legal holidays shall only occur between the hours of seven a.m.
and nine p.m.;
(3) Sound
level emanating from public address equipment shall not exceed fifteen
decibels above the ambient noise level;
(4) Notwithstanding the provisions of subsection
(3) of this section, public address equipment shall not be operated within two hundred feet of churches, schools, hospitals or city or county buildings;
(5) 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.
(Ord. 1173 § 1, 1972)
Each person who organizes, hosts, or sponsors a gathering or party, or allows his or her property to be utilized for a gathering or party, shall maintain such a gathering in a quiet and orderly fashion so as to protect the public peace. Any loud and/or disorderly gathering or party which necessitates more than one police response within a twelve-month period to disband the loud and/or disorderly gathering or party is a violation of this duty and constitutes a public nuisance in accordance with Section
9.44.220 of this chapter. Any gathering or party where alcoholic beverages are furnished, given, obtained, possessed, or consumed by any person under twenty-one years of age which necessitates more than one police response within a twelve-month period to disband the gathering or party where alcoholic beverages are furnished, given, obtained, possessed, or consumed by any person under twenty-one years of age is a violation of this duty and constitutes a public nuisance in accordance with Section
9.44.220 of this chapter.
(Ord. 1936 § 4, 2010)
When a loud and/or disorderly gathering or party or gathering
or party where alcoholic beverages are furnished, given, obtained,
possessed, or consumed by any person under twenty-one years of age
occurs, the person(s) responsible will be held jointly and severally
liable for payment of the public safety service expenses for any special
security assignments.
(Ord. 1936 § 8, 2010)
(a) For
the purposes of this chapter, the city's finance department shall
cause the person responsible for a loud and/or disorderly gathering
or party or gathering or party where alcoholic beverages are furnished,
given, obtained, possessed, or consumed by any person under twenty-one
years of age to be billed the actual cost for the public safety service
expenses for special security assignments provided in responding to
the loud and/or disorderly gathering or party or gathering or party
where alcoholic beverages are furnished, given, obtained, possessed,
or consumed by any person under twenty-one years of age and any other
city and/or public safety expenses incurred. These costs shall include,
but shall not be limited to, damages to city property and/or injuries
to city personnel, and city administrative costs. The police officer
issuing the citation to the person responsible shall accumulate the
costs of all services provided in responding to the disturbance and
forward same to the finance department within fifteen days of the
issuance of the citation for billing. Such bills shall be due and
payable within thirty days after the billing date.
(b) Additionally, the city's finance department shall include in any bill sent pursuant to subsection
(a) the cost of police services following the Master Schedule of Fees, Item No. PD-23.
(1) One hundred dollars for a second response required within a twelve-month period, after written notice as described in Section
9.44.196 of this chapter has been provided;
(2) Two hundred-fifty dollars for a third response required within a twelve-month period, after written notice as described in Section
9.44.196 of this chapter has been provided;
(3) Five hundred dollars for a fourth response required within a twelve-month period, after written notice as described in Section
9.44.196 of this chapter has been provided;
(4) One thousand dollars for a fifth response required within a twelve-month period, after written notice as described in Section
9.44.196 of this chapter has been provided.
(5) Two thousand five-hundred dollars for a sixth response required within a twelve-month period, after written notice as described in Section
9.44.196 of this chapter has been provided.
(c) Money due to the city pursuant to this section and Section
9.44.199 of this chapter shall be a debt to the city by all persons responsible for the loud and/or disorderly gathering or party or gathering or party where alcoholic beverages are furnished, given, obtained, possessed, or consumed by any person under twenty-one years of age and may be collected in an appropriate civil action. Alternatively, once a responsible party has exhausted the administrative procedures provided in Section
9.44.199 of this chapter, any costs still owing may be collected as a special assessment against the respective lot or parcel of land to which those costs relate, as described in Section
9.36.170 of this title.
(Ord. 1936 § 10, 2010; Ord. 2056 § 1, 2020)
In the CM Zone or in any C zone or in any M zone, no activity
shall cause or create a steady state of impact vibration on the lot
line or on a boundary line between any of such zones and a residential
zone with a vibration displacement by frequency bands in excess of
that indicated in the table below as measured by the vibration measuring
device standardized by the American Standards Association:
Frequency (Cycles Per Second)
|
Vibration Displacement (In Inches)
|
---|
Steady State
|
Impact
|
---|
Under 10
|
0.0005
|
0.0010
|
10—19
|
0.0004
|
0.0008
|
20—29
|
0.0003
|
0.0006
|
30—39
|
0.0002
|
0.0004
|
40 and over
|
0.0001
|
0.0002
|
This section shall not apply to railroads.
(Ord. 1180 § 4, 1973)
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section
1.01.110 of this code.
(Ord. 1173 § 1, 1972)
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 causes discomfort
or annoyance to reasonable persons of normal sensitiveness or endangers
the comfort, repose, health or peace of residents in the area, is
a public nuisance, and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 1173 § 1, 1972)
If any provision, clause, sentence or paragraph of this chapter
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
or applications of the provisions of this chapter which can be given
effect without the invalid provisions or application, and to this
end the provisions of this chapter are severable.
(Ord. 1173 § 1, 1972)