It is declared to be 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 systematically proscribed.
(Ord. 783 Art. I § 1, 1972)
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
A. 
"Ambient noise"
is 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 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.
B. 
"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.
C. 
"Decibel"
means a unit for measuring the relative loudness of sounds equal approximately to the smallest degrees of difference of loudness ordinarily detectable by the human ear, whose range includes about 130 decibels on a scale beginning with one for the faintest audible sound.
D. 
"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.
E. 
"Motor vehicles"
includes, but is not limited to, mini-bikes and go-carts.
F. 
"Noncommercial purpose"
means the use, operation, or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but shall not be limited to, philanthropic, religious, political, patriotic, and charitable purposes.
G. 
"Person"
means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
H. 
"Sound amplifying equipment"
means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment," as used in this chapter, shall not include warning devices on any vehicle used only for traffic safety purposes.
I. 
"Sound level"
(noise level), in decibels (dB), is the sound measured with the A weighting and slow response by a sound level meter.
J. 
"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 satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof.
K. 
"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 sound amplifying equipment.
L. 
"Gasoline powered landscaping equipment"
means any mechanical equipment utilized for maintaining landscaping including the following categories of equipment:
1. 
Category A: gasoline powered leaf blowers or equipment to blow leaves, dirt, debris off sidewalks, driveways, lawns and other surfaces.
2. 
Category B: gasoline powered lawn mowers, hedge trimmers.
3. 
Category C: gasoline powered chainsaws and all other landscape equipment.
(Ord. 783 Art. I § 2, 1972; Ord. 1290 § 1, 2022)
Where the ambient noise level is less than designated in this section, the respective noise level in this section shall govern.
Zone
Time
Sound Level A, Decibels Community Environment Classification
R1 and R2
10:00 p.m. to 7:00 a.m.
45
R1 and R2
7:00 p.m. to 10:00 p.m.
50
R1 and R2
7:00 a.m. to 7:00 p.m.
55
R3
10:00 p.m. to 7:00 a.m.
50
R3
7:00 a.m. to 10:00 p.m.
55
CN, RC
10:00 p.m. to 7:00 a.m.
55
CC, W, OA, and CW
7:00 a.m. to 10:00 p.m.
60
CM
Anytime
70
(Ord. 783 Art. I § 4, 1972)
Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
A. 
The level 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 level 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. 783 Art. VI, 1972)
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in an amount not exceeding $500.00. Each calendar day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. 783 Art. I § 5, 1972)
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily, or by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 783 Art. I § 6, 1972)