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Editor's note– Former article 8.03 pertaining to noise and deriving from 1996 Code, art. 7.300, was amended by Ordinance 2024-11-20(7C) adopted 11/20/2024.
It is the intent and purpose of this article to regulate uses and activities in the city in such a manner as to prevent excessive noises, which degrade the quality of life, disturb the public peace, and jeopardize the health, safety and welfare of the citizens of Rockdale. It is further the intent of this article to recognize that factors such as the time of day, location (e.g., proximity to residences), necessity of public projects for the public good, and necessity of sounds incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
(a) 
All terminology used in this article, not specifically defined herein, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successors and/or assignee.
(b) 
Definitions: The following words and terms, when used in this article, shall have the following meanings:
A-weighted sound level
means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dBA.
Construction
means any site preparation, assembly, erection, substantial repair, alteration (or similar action) of structures, utilities, public or private right-of-way or other property. Construction does not include demolition.
Daytime
means a continuous time period from 7:00 am to 10:00 pm.
dBA
is the A-weighted unit of sound pressure level.
Decibel (dB)
means a unit for measuring the volume of sound; it is a logarithmic (dimensionless) unit of measure used in describing the amplitude of sound. Decibel is denoted as dB.
Demolition
means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Emergency
means any occurrence or circumstances involving actual or imminent physical injury to persons or property, which demands immediate action. It shall be the burden of the alleged violator to prove the emergency.
Emergency vehicle
means a motor vehicle used in response to a public emergency or to protect persons or property from imminent danger.
Emergency work
means work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger.
Equivalent
means the level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. The Leq is the level of the time-averaged, means square, A-weighted sound pressure, the time interval over which measurement is taken as being specified.
Impulsive noise
means a sound of short duration, usually less than one second with an abrupt onset and rapid decay. Examples of sources of impulsive noise include explosions and the discharge of firearms.
Legal holidays
Recognized by Rockdale include New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day or any other legal recognized holidays.
Lmax
shall mean the maximum A-weighted sound level for a given event.
Maximum sound level
means the greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Alternatively the slow meter exponential integration time may be employed or the C-frequency weighting may be employed.
MicroPascal
means the international unit for pressure, analogous to pounds per square inch in English units; 1 microPascal is one-millionth of a Pascal; the reference pressure used for airborne sound is twenty microPascals.
Motorized equipment
means any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power.
Muffler
means any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end.
Nighttime
means a continuous time period from 10:00 pm to 7:00 am.
Noise
means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
Noise disturbance
is any sound that:
(1) 
Endangers the safety or health of any person;
(2) 
Disturbs a reasonable person of normal sensitivities; or
(3) 
Endangers personal or real property.
Octave band sound level
is the unweighted sound pressure level in the specified octave band.
Person
means any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two or more persons having a joint or common interest or any other legal entity and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever or any combination of such, jointly or severally.
Private right-of-way
means any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity.
Property boundary
means an imaginary line exterior to any enclosed structure, at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension.
Public right-of-way
means any street, avenue, boulevard, highway, alley, or public space, which is dedicated to, owned or controlled by a public governmental entity.
Public space
means any real property or structures thereon normally accessible to the public.
Real property boundary
is the line, including its vertical extension that separates one parcel of real property from another.
Receiving land use
means the land, which is receiving the noise as designated by the city zoning map.
Sound
means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.
Sound level
means the reading in decibels of a sound level meter constructed and operated in accordance with the latest edition of American National Standard Institute specifications for the measurement of noise and other sounds. The meter reading in decibels corresponds to the total value of the sound pressure and is ten times the logarithm to the base ten of the ratio of the A-weighted squared sound pressure to the squared reference sound pressure of twenty micro-Pa, the squared sound pressure being obtained with fast exponentially weighted time averaging. Alternatively, slow exponentially weighted time averaging may be specified. Also, the C-weighting may be specified.
Sound level meter (SLM)
is an instrument used to measure sound pressure levels conforming to type 1 or type 2 standards as specified in the American National Standards Institute Publication S1.4-1971, or the latest version thereof.
Sound pressure level (SPL)
means ten times the logarithm to the base ten of the ratio of the time-mean-square pressure of a sound of the reference pressure of twenty microPascals (in air) with the units of decibels.
Use
Shall mean any activity, event, operation, or facility, which creates noise.
Weekday
is any day, Monday through Friday that is not a legal holiday.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
(a) 
The following acts which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances and shall constitute a violation of this article. No sound level measurement is needed to prove the existence of the following noise disturbances:
(1) 
The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the unreasonable use of any horn or signaling device, in such a manner as to cause a noise disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(2) 
The operating or permitting the use or operation of any radio receiving set, musical instrument, television, stereo, car or truck stereo, drum, compact disc or tape player, exterior loudspeaker, or other device for the production or reproduction of sound in a loud and raucous manner so as to disturb the peace, quiet or comfort of the adjacent neighborhood.
(3) 
The using, operating, or permitted to be used or operated, of any loud speaker or public address system in such a manner so as to emit therefrom loud or raucous noises so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(4) 
Yelling, shouting, hooting, whistling, singing or creating similar noises on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. in such a manner so as to cause a disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(5) 
The loading, unloading, compacting, opening or otherwise handling boxes, crates, containers, garbage cans, or otherwise similar objects in such a manner so as to cause a disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(6) 
The operating or causing to be operated any equipment used in construction activity, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto with sound-control devices less effective than those provided on the original equipment.
(7) 
Creating, making, or maintaining any loud or raucous noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the city for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision does not apply to approved public events.
(8) 
Using, in connection with an unauthorized vehicle, any bell or siren similar to that used on ambulances or vehicles of the police, fire departments, and other public safety agencies.
(9) 
The following activities may not be operated between the hours of 10:00 p.m. and 7:00 a.m. that would result in noise across a real property boundary so as to disturb the peace, health, and comfort of a reasonable person of ordinary sensibilities:
(A) 
Operating any air-blow or vacuum cleaning equipment or similar devices in a commercially zoned district for the cleaning of parking lots, walkways, driveways, or similar areas.
(10) 
The creation or permitting of any loud or raucous noise so as to disturb the peace, quiet or comfort of the adjacent neighborhood.
(11) 
The following activities may not be operated or caused to be operated between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and between 6:00 p.m. and 9:00 a.m. on weekends and legal holidays, unless for a public works transportation or utilities project approved by the city in subsection (a)(12) below:
(A) 
Any equipment used in construction activity, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto with sound-control devices less effective than those provided on the original equipment;
(B) 
Any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist;
(C) 
Any other machinery, appliance, etc., the use of which is attended by loud or raucous noise so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(12) 
Any person desiring to engage in the use of equipment for a public works transportation or utilities project beyond the hours of limitations aforementioned, based upon cases of necessity or in the interest of public health, safety and convenience, may apply to the police department for a special permit allowing hours of operation other than those specified above. Such permits, if granted, shall be limited to a period of up to thirty days' duration, but may be renewed for additional periods of up to thirty days if the emergency or need therefor continues. In the issuance of such permits the city shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable, whether the public health, safety and convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the person seeking the permit imposes a significant hardship upon such person. An application fee in an amount established from time to time by resolution of the city commission must be paid at the time the application is filed with the city.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
The following noises shall be exempt from the restrictions set forth in the other sections of this article:
(1) 
Noises of authorized safety signals and warning devices.
(2) 
The generation of sound for the purpose of alerting persons to the existence of an emergency.
(3) 
Noises resulting from any authorized emergency vehicle.
(4) 
Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger.
(5) 
Noise from landscape and yard equipment when operated between 7:00 a.m. and 8:00 p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided all motorized equipment is equipped with functioning mufflers or other effective sound control devices similar to those provided on the original equipment.
(6) 
Noises associated with uses or activities whereby an administrative approval to produce such noises contrary to the restrictions of this article has been obtained from the city council.
(7) 
Community events such as fairs, sporting events, school activities, community festivals, etc. Such events or activities shall not start before 9:00 a.m. and those events or activities shall not extend their activities beyond 1:00 a.m. Any community activity or event, which is proposed to extend beyond 1:00 a.m., must obtain city council approval.
(8) 
Noise generated from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.
(9) 
Noise associated with the police department's firearms facility.
(10) 
Noises from construction activity, tools or equipment used and operated on a construction site between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends and legal holidays, provided that all tools or motorized equipment used in such activity are equipped with all sound reducing features and equipment originally part of the tool or equipment, or other effective sound control devices similar to those provided or as effective as that installed as original equipment.
(11) 
Any public entertainment establishment in the Central Area District which operates, plays or permits the operation or playing of any radio, television, stereo, drum, musical instrument, sound amplifier, or similar device until 11:00 p.m. on weekends.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
(a) 
No person shall cause, allow, or permit the making of a noise, in the city limits which exceeds 85 dBa during the daytime or 70 dBa during the nighttime.
(b) 
A violation of this section is hereby declared a nuisance.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
(a) 
When applicable, sound shall be measured with a sound level meter.
(b) 
The sound level shall be measured at a distance no closer to the point from which the sound in question is emanating than the property line of the parcel or lot from which the sound is emanating or through partitions common to two parties within a building.
(c) 
A measurement period shall not be less than ten minutes in duration.
(d) 
The sound being measured shall be representative of the sound which instigated the complaint.
(e) 
A measurement shall be recorded so as to secure and ensure an accurate representation of the sound.
(f) 
A measurement should be taken at approximately five feet above the ground or water surface away from any obstruction or reflecting surface.
(g) 
When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement.
(h) 
All manufacturer's directions on the operation of the sound level meter shall be followed (e.g., proper microphone angle).
(i) 
All sound level meters used for measurement shall be in conformance with ANSI section 1.4-1983, as amended.
(j) 
All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended.
(k) 
Calibration of all instruments, components, and attachments shall conform to the ANSI standards, as amended.
(l) 
Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4-1971), as amended.
(m) 
Measurements of sound shall be made by individuals trained in a noise measurement program approved by the county or other training facility.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)
(a) 
Alleged noise disturbance violations shall be investigated on a complaint basis and only when the person or persons making the complaint contacts the city police department or code enforcement division stating the details of the complaint.
(b) 
The city may prosecute noise disturbance violations by issuance of a city ordinance citation, in which case, the penalty for a violation shall be as set in section 1.01.009 of this code.
(c) 
Each occurrence shall constitute a separate violation.
(Ordinance 2024-11-20(7C) adopted 11/20/2024)