For the purposes of this chapter, the words, terms and phrases set forth below shall have the meanings and construction therein given, except where used in a context which clearly indicates a different meaning or construction:
"Ambient noise level"
means the normal or existing level of environmental noise at a given location, not including the particular noise being measured or considered.
"A-weighted sound level"
means the sound level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated db(A) or dbA.
"Decibel"
means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to a reference pressure of twenty micropascals.
"Impulsive sound"
means a sound of short duration, usually less than one second, with an abrupt onset and a rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
"Intrusive noise"
means noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or information content as well as the prevailing ambient noise level.
"Noise disturbance"
means any sound which: (1) endangers or injures the safety or health of human beings or animals; or (2) annoys or disturbs reasonable persons of normal sensitivities; or (3) endangers or injures personal or real property; or (4) violates the limits set forth in Section 8.20.020.
"Public property"
means any property or structures owned or controlled by a governmental entity, including easements for road purposes.
"Real property boundary"
means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one party from that owned by another.
"Sound level meter"
means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements for type S2A meters in American National Standards Institute (ANSI) specifications for sound level meters, SI.4-1971, or the most recent revision thereof.
"Vibration perception threshold"
means the minimum ground or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. A motion velocity 0.01 inches per second over the range of one to one hundred Hertz shall create a rebuttable presumption that the vibration perception threshold has been met.
(Prior code §5-13-1)
A. 
Maximum Permissible Sound Levels by Receiving Land Use.
1. 
No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased or occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed:
a. 
The exterior noise limit for that land use or zone as specified in Table 1 or Table 2 for a cumulative period of more than thirty minutes in any hour; or
b. 
The exterior noise limit for that land use or zone as specified in Table 1 or Table 2 plus five dbA for a cumulative period of more than fifteen minutes in any hour; or
c. 
The exterior noise limit for that land use or zone as specified in Table 1 or Table 2 plus ten dbA for a cumulative period of more than five minutes in any hour; or
d. 
The exterior noise limit plus fifteen dbA for a cumulative period of more than one minute in any hour; or
e. 
The exterior noise limit for that land use or zone as specified in Table 1 or Table 2 plus twenty dbA for any period of time.
2. 
In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech, or hum, or it is a repetitive noise such as a hammering or riveting, or contains music or speech conveying informational content, the exterior noise limits set forth in Tables 1 and 2 shall be reduced by five dbA.
3. 
If the measured ambient noise level exceeds that permissible within any of the first four noise limit categories above, the allowable noise limits set forth in Table 1 or 2 shall be adjusted in five dbA increments in each category as appropriate to encompass or reflect the ambient nose level. In the event the ambient noise level exceeds the fifth noise limit category, the exterior noise limit under the fifth category shall be increased to reflect the maximum ambient noise level.
4. 
Noise Measurement Procedure. The noise level shall be measured as a position or positions at any point on the receivers property utilizing the A-weighting scale of the sound level meter and the "slow" meter response for non-impulsive type noises and "fast" response for impulsive type sounds. When feasible, the microphone shall be located approximately four to five feet above the ground and ten feet or more from the nearest reflective surface. In those cases where the standard elevation is not feasible, the most closely approximate elevation possible shall be utilized. Calibration of the measurement equipment, utilizing an acoustical calibrator, shall be performed immediately prior to recording any noise data.
Table 1 Exterior Noise Limits by Zone
Receiving Land Zoning Category
Time Period
Noise Level Standard (dbA)
One-or two-family residential zone
10 p.m. to 7 a.m.
45
 
7 a.m. to 10 p.m.
55
Multiple dwelling residential zone, public zone
10 p.m. to 7 a.m.
50
 
7 a.m. to 10 p.m.
60
Commercial zone or commercial-manufacturing zone
10 p.m. to 7 a.m.
55
 
7 a.m. to 10 p.m.
60
Manufacturing zone
any time
70
Table 2 Exterior Noise Limits by Use
Receiving Land Zoning Category
Time Period
Noise Level Standard (dbA)
Property partially or entirely developed for one- or two-family residential uses
10 p.m. to 7 a.m.
45
Property partially or entirely developed for multifamily residential uses
10 p.m. to 7 a.m.
50
B. 
Vibration. No person shall operate or permit the operation of any device or machine that creates a vibration above the vibration perception threshold when measured at or beyond the property boundary of the source.
(Prior code §5-13-2; Ord. 742 §1, 1985)
A. 
No person shall offer for sale, sell, or advertise by shouting or outcry within any residential or commercially developed portion of the city. 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 or other similar licensed public entertainment.
B. 
No person shall permit any animal owned or possessed by that person frequently or for extended periods of time to make any sound or sounds which create a noise disturbance across a residential or commercial real property line.
C. 
No person shall load, unload, open, close or handle boxes, crates, containers, building materials, metal, equipment or other objects or personal property between the hours of ten p.m. and seven a.m. in such manner as to cause a noise disturbance across the real property line of an adjacent or nearby property developed entirely or partially for residential use.
D. 
No person shall operate or cause or authorize the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of ten p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across the real property line of an adjacent or nearby property developed entirely or partially for residential use.
E. 
No person shall sound or permit the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, for more than ten seconds in any hourly period. Houses of religious worship shall be exempt from this provision.
F. 
No person shall intentionally sound or authorize the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency or testing purposes.
G. 
No person shall test a stationary emergency signaling device before seven a.m. or after seven p.m. nor test any such device for more than sixty seconds.
H. 
No person shall operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or any tool involved in any manufacturing process, so as to create a noise disturbance across a real property boundary line of property developed entirely or partially for residential use.
I. 
No person shall operate any motor, machinery or pump including, but not limited to, swimming pool equipment or any machinery involved in any manufacturing process, so as to create a noise disturbance across a real property boundary line of property developed entirely or partially for residential uses.
J. 
No person shall operate or permit the operation of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dbA as read on the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT."
K. 
No person shall operate or permit the operation of any air conditioning or air handling equipment in such a manner as to exceed the following sound levels:
Measurement Location
Units Manufactured Before 1-1-80 dbA
Units Manufactured On or After 1-1-80 dbA
Any point on neighboring property line, 5 feet above grade level, no closer than 3 feet to any wall
60
55
Center of neighboring patio, 5 feet above grade level, no closer than 3 feet to any wall
55
50
Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface
55
50
L. 
No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential real property line. Nothing in this section shall be construed to prohibit the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.
M. 
No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within one hundred fifty feet (forty-six meters) of a residentially developed property between the hours of ten p.m. and seven a.m.
(Prior code §5-13-3; Ord. 742 §2, 1985; Ord. 757 §1, 1985)
A. 
Emergency Exemption. The provisions of this chapter shall not apply to:
1. 
The emission of sound for the purpose of alerting persons to the existence of an emergency threatening life or property, or
2. 
The emission of sound in the performance of work necessary to be performed immediately to prevent or correct any emergency threatening life or property.
B. 
Special Exemption. The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public works projects, or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the Public Utilities Commission.
C. 
Warning Devices. Warning devices necessary for the protection of public safety, including, but not limited to, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter when used for warning purposes.
D. 
Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided these events are conducted in compliance with all applicable ordinances, statutes, laws and regulations of all governmental agencies.
(Prior code §5-13-4)