It is declared to be the policy of the city, in the exercise
of its police power, to prohibit unnecessary, excessive and annoying
noise levels from all sources. At certain levels, noises are detrimental
to the health and welfare of the citizenry and, in the public interest,
shall be systematically proscribed. It is the purpose of this chapter
to prescribe standards for and to prohibit such unacceptable noises
and to provide an effective and readily available remedy for violations
of this chapter. The provisions of this chapter and the remedies contained
herein shall be cumulative and are not intended to replace any otherwise
available remedies for public, private or mixed nuisances, nor any
other civil or criminal remedies otherwise available.
(Ord. 1380 § 1)
As used in this chapter, unless the context otherwise clearly
indicates, certain words and phrases used herein are defined as follows:
Ambient, local.
"Local ambient" is the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources, near and far. The ambient noise level is the level obtained
when the noise level is averaged over a period of 15 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. For
the purpose of this chapter, in no case shall the local ambient be
considered or determined to be less than:
2.
Forty dBA in application to all other sections hereof.
dB.
"dB" means decibel as herein defined.
dBA.
"dBA" means decibels measured on an A-weighted scale, as
herein defined in the definition of "Noise level measurement."
Decibel.
The "decibel" is a unit measure of sound (noise) level relative
to a standard reference sound on a logarithmic scale. The decibel
level of a given sound is determined as 20 times the logarithm to
the base 10 of the ratio of the pressure in micronewtons per square
meter of the sound being measured to the standard reference sound
pressure of 20 micronewtons per square meter (0.0002 microbar).
Emergencies.
Essential activities necessary to restore, preserve, protect
or save lives or property from imminent danger of loss or harm.
Noise level measurement.
For the purpose of enforcement of the provisions of this
chapter, noise level shall be measured in decibels on the A-weighted
scale with a sound level meter satisfying at least the applicable
requirements for Type 1 or Type 2 sound-level meters as defined in
the most recent American National Standard Specifications. The meter
shall be set for slow response speed, except that for impulse noises
or rapidly varying sound levels, fast response speed may be used.
For outside measurements the microphone shall not be less than
4 feet above the ground, at least 4-1/2 feet distant from walls or
similar large reflecting surfaces, and shall be protected from the
effects of wind noises and other extraneous sounds by the use of screens,
shields or other appropriate devices; for inside measurements, the
microphone shall be at least 3 feet distant from any wall, and the
average measurement of at least 3 microphone positions throughout
the room shall be determined.
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Property plane.
A vertical plane including the property line which determines
the property boundaries in space.
(Ord. 1380 § 2)
No person shall produce, suffer or allow to be produced by any
machine or device, or any combination of same, on commercial or industrial
property, a noise level more than 8 dB above the local ambient at
any point outside of the property plane.
(Ord. 1380 § 4)
Where the applicant can show that notwithstanding the application
of all available noise-abatement techniques, immediate compliance
with the requirements of this chapter would be impractical or unreasonable,
a conditional and/or limited noise permit may be granted an applicant,
excepting the particular project or activity from the provisions of
this chapter for a limited period, not to exceed 6 months, subject
to renewal upon a further showing of good cause conditioned by a schedule
for compliance and details of methods therefor in appropriate cases.
Applications for such permits shall be made to the department assigned
by the city administrator to process such permits upon a form provided
therefor. Such application shall be processed in the following manner:
A. The
city administrator or the assigned department is empowered to deny
any such application.
B. The
city administrator or the assigned department is empowered to approve
an application subject to such conditions or limitations he or she
or it deems advisable, taking into consideration the purpose and intent
of this chapter, which approval he or she or it shall submit to the
city council at its next meeting. If the city council does not reject
the conditional approval by the city administrator or the assigned
department, then following the council meeting the city administrator
or the assigned department will issue to the applicant the proposed
noise permit.
C. This
section shall apply to public agencies, including the city, provided
that in the case of public agencies, the city administrator or the
assigned department shall have power and authority to issue a noise
permit, conditional or limited, to a public agency upon good cause
being shown therefor, forthwith, where the proposed activity involves
public health, safety, welfare and benefit, without reference to the
city council.
(Ord. 1380 § 7)
Consistent with other provisions of this chapter, and in addition
thereto, it shall be unlawful for any person to wilfully make, produce,
suffer or allow to be produced by any machine, animal or device, or
any combination of same, any loud, unnecessary, or unusual noise which
causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the area.
(Ord. 1380 § 10)
The standards which shall be considered in determining whether a violation of the provisions of Section
9.20.080 exists shall include, but shall not be limited to, the following criteria:
A. The
frequency of the noise;
B. The
intensity of the noise;
C. Whether
the nature of the noise is usual or unusual;
D. Whether
the origin of the noise is natural or unnatural;
E. The
frequency and intensity of the background noise, if any;
F. The
proximity of the noise to residential sleeping facilities;
G. The
nature and zoning of the area within which the noise emanates;
H. The
density of the inhabitation of the area within which the noise emanates;
I. The
time of the day or night the noise occurs;
J. The
duration of the noise;
K. Whether
the noise is recurrent, intermittent, or constant; and
L. Whether
the noise is produced by a commercial or noncommercial activity.
(Ord. 1380 § 11)
Any person aggrieved by the decision of any administrative officer
empowered to administer the provisions of this chapter shall have
the right to appeal the decision of any such officer, to the city
council, by filing with the city clerk a verified, written appeal
no later than 10 days after decision has been rendered.
(Ord. 1380 § 8)
The city administrator shall assign to an appropriate department
or departments the duty of enforcing the provisions of this chapter,
and such departments are empowered to issue citations for violations.
(Ord. 1380 § 9)
As an additional remedy, the operation or maintenance of any
machine, animal or device, or any combination of the same, which operation
or maintenance causes discomfort or annoyance to reasonable persons
of normal sensitivity, 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 summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
(Ord. 1380 § 13)