Notwithstanding any other provision of this section, no person shall produce, suffer or allow to be produced any sound on any private or public property, which is audible to a person within any dwelling unit of a residential planned development or residentially zoned property, except within any dwelling unit which the sound source or sources are located to which is occupied or controlled by the person controlling such source; unless the permission, either written or verbal, of the occupants of all affected dwelling units has been obtained.
During the hours of 9:00 a.m. through 10:00 p.m., Sunday through Thursday, and 9:00 a.m. and 12:30 a.m. the following day, Friday and Saturday, such permission shall be presumed to be granted by occupants of all affected dwelling units; provided that any affected person may withdraw such consent at any time. Such withdrawal of consent may be accomplished by either verbal or written request to the person causing, or allowing, such sound to be made, or by making such request to the city police department who shall then notify the person causing, or allowing, such sound to be made.
The provisions of this subsection shall not apply to any sound generated upon a common use portion of any multiple-family dwelling between the hours of 9:00 a.m. through 10:00 p.m., Sunday through Thursday, and 9:00 a.m. through 12:30 a.m. the following day, Friday and Saturday, except to the extent that such sound is audible within any dwelling unit not located upon the same property.
Table No. 1 |
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Land Use | Time Period | Maximum Noise Level (dBA) |
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Residential | 9 p.m.—7 a.m. | 50 |
7 a.m.—9 p.m. | 55 |
Commercial/industrial/core commercial | 10 p.m.—7 a.m. | 55 |
7 a.m.—10 p.m. | 60 |
High noise traffic corridor | Anytime | 65 |
Determination of which land use and time period applies to a noise source, shall be based upon the affected (complainant's) property's land use. Decibel levels shall be measured at the affected (complainant's) property plane at the point closest to the noise source.
The high noise traffic corridors include the following: Highway 113 and Interstate 80.
The land uses as shown in the above table are defined using the city general plan and Table No. 2, as shown below:
Table No. 2 |
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Noise Zone | Definition (using general plan terms where applicable) |
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Residential | Any parcel with a single-family or multifamily dwelling, including living groups, excluding those in the core commercial area as defined below |
Commercial/industrial | All nonresidential properties (retail shopping, office, highway/service commercial, light industrial/business park, industrial, public/semipublic, commercial/ agricultural buffer, commercial recreation, agriculture, urban reserve) |
Core commercial | All property types in the core commercial area beginning at southwest corner of 5th Street and the railroad tracks; railroad tracks south to D Street, north on D Street, east on 4th Street, north on F Street, east on 5th Street to railroad tracks |
High noise traffic corridor | Properties bordering designated "high noise" corridors to be designated by resolution of city council. "Bordering" will be defined as falling wholly or partially within one hundred feet of designated "high noise" corridor (e.g., Highway 113) |