For the purposes of this chapter, the following definitions apply:
(1) 
"A-scale (dBA)"
means the sound level in decibels measured using the A-weighted network as specified in the American National Standard Specification for sound level meters.
(2) 
"Decibel (dB)"
means the unit for measuring the volume of sound.
(3) 
"Noise sensitive unit"
includes any authorized land use of a church, temple, synagogue, day care center, hospital, rest home, retirement home, group care home, school, dwelling unit (single-family dwelling, duplex, triplex, multifamily dwelling, or mobile home) or other use of the same general type, and rights-of-way appurtenant thereto, whether publicly or privately owned.
(4) 
"Sound level meter"
means a sound measuring device, either Type 1 or Type 2, as defined by American National Standard Specification for sound level meters.
(5) 
"Sound producing device"
includes, but is not limited to, the following:
(a) 
Loudspeakers;
(b) 
Radios, tape players, compact disc players, phonographs, boom boxes, television sets, or stereo systems, including those installed in a vehicle;
(c) 
Musical instruments;
(d) 
Sirens, bells, or whistles;
(e) 
Engines or motors;
(f) 
Air, electrical, or gas-driven tools, including, but not limited to, drills, chainsaws, lawn mowers, saws, hammers, or similar tools;
(g) 
Motor vehicles, including automobiles, motorcycles, motorbikes, trucks, buses, snowmobiles, boats or any similar piece of equipment equipped with a propelling device; and
(h) 
Persons or animals causing sound to emanate.
(Ord. 257-2002)
(1) 
When sound measurements are made for the enforcement of this chapter, they shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter and shall contain at least an A-weighted scale, and both fast and slow meter response capability.
(2) 
If sound measurements are made, the person making those measurements shall have completed training in the use of the sound level meter, and shall use measurement procedures consistent with that training.
(3) 
Measurements may be made at or within the boundary of the property on which a noise sensitive unit located which is not the source of the sound.
(Ord. 257-2002)
(1) 
It shall be unlawful for any person to produce or permit to be produced, with any sound producing device which when measured at or within the boundary of the property on which a noise sensitive unit is located which is not the source of the sound, which sound exceeds the following levels:
(a) 
Sixty dBA at any time between 9:00 p.m. and 7:00 a.m. of the following day;
(b) 
Seventy dBA at any time between 7:00 a.m. and 9:00 p.m. of the same day where the property receiving the noise has a residential zoning designation;
(c) 
Sixty-five dBA at any time between 9:00 p.m. and 7:00 a.m. of the following day where the property receiving the noise has a zoning designation which is not residential;
(d) 
Eighty dBA at any time between 7:00 a.m. and 9:00 p.m. of the same day where the property receiving the noise has a zoning designation which is not residential.
(2) 
In addition, any person producing or permitting to be produced the following noise disturbances, shall be found in violation, regardless of the decibel level of the disturbance:
(a) 
Repair and testing of a motor vehicle or other engine which is plainly audible within a noise sensitive unit between the hours of 9:00 p.m. and 7:00 a.m. of the following day.
(b) 
The operation of any gong, bell or siren upon any vehicle, other than police, fire or other emergency vehicle.
(c) 
The sounding of any motor vehicle audible anti-theft alarm system for a period of more than 20 minutes.
(d) 
The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise created thereby is effectively muffled.
(e) 
The detonation of a blasting or explosive device, except as allowed under a permit issued by the appropriate governmental authority.
(f) 
The keeping of an animal which by loud and frequent or continued noise disturbs the comfort and repose of a person in the vicinity.
(g) 
The erection, including excavation, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. except in the case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the city administrator for a period not to exceed 10 days.
(Ord. 257-2002)
The following constitute exceptions to this chapter and shall not be construed as violations:
(1) 
Sounds created by organized athletic or other group activities, when such activities are conducted on public property generally used for such purposes, such as stadiums, schools, and athletic fields.
(2) 
Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus.
(3) 
Sounds caused by bona fide use of emergency warning devices and properly functioning alarm systems.
(4) 
Sounds regulated by federal law, including but not limited to, sounds caused by railroads or aircraft.
(5) 
Sounds caused by demolition activities when performed under a permit issued by appropriate governmental authorities.
(6) 
Sounds caused by construction activity during the hours of 7:00 a.m. to 9:00 p.m. of the same day.
(7) 
Sounds caused by regular vehicular traffic upon premises open to the public.
(8) 
Sounds caused by air, electrical or gas-driven domestic tools, including but not limited to, lawn mowers, lawn edgers, saws, drills, blowers, and other similar lawn or construction tools, during the hours of 7:00 a.m. to 9:00 p.m. of the same day.
(9) 
Any noise resulting from activities of a temporary duration which is otherwise permitted by law.
(Ord. 257-2002)
Violation of a provision of this chapter is punishable by a fine not to exceed $500.00. However, if a violation of a provision is identical to a state statue with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law.
(Ord. 257-2002)