Chapter 9.38
DISORDERLY CONDUCT1
Sections:
9.38.010 Unlawful acts, generally.
9.38.020 Noise—General prohibitions.
9.38.030 Tests for unlawful noise.
9.38.035 Noise—Classification of use areas; projection and measurement.
9.38.040 Noise—Motor vehicles.
9.38.050 Noise—Special permits.
9.38.055 Noise—Abatement; injunction.
9.38.010 Unlawful acts, generally.
It is unlawful to:
A. Use any profane or obscene language in any public place or private house or place to the disturbance or annoyance of any person or persons.
B. Be drunk in any private house or place, or in any vehicle of a common carrier or waiting area used by common carriers, to the annoyance of any person or persons where the person refuses to comply with an order of the owner or resident to leave premises in which he has neither a right of occupancy nor the express invitation to remain of the person having the right of possession.
C. Drink intoxicating liquor in or about any depot, platform, wharf or waiting room, or upon any public street, or at any public gathering, or any hotel lobby, dance hall, theater, or any other public place not permitted under license to dispense intoxicating liquor. (Ord. 77-12 § 2 (part), 1977; Ord. 78-12 § 1, 1978; Ord. 88-13, 1988).
9.38.020 Noise—General prohibitions.
A. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.
B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely:
1. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device when traffic is for any reason held up.
2. Radios, Phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
3. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
4. Yelling, shouting, hooting, whistling, loud singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any person in the vicinity.
5. Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. Special community events are exempt from this provision.
6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
7. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (Ord. 88-13, 1988.)
9.38.025 Noise—Definitions.
A. For the purposes of this chapter certain words and phrases used herein are defined as follows:
“‘A’ Band level” is the total sound level of all noise as measured with a sound level meter using the ‘A’ weighing network. The unit of measurement is the dB(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.
“Band pressure level” of sound for a specified frequency band is the sound pressure level for the sound contained within the restricted band. The reference pressure must be specified.
“Bel” is a unit of level when the base of logarithm is ten. Use of the bel is restricted to levels of quantities proportional to power.
“Cycle” is the complete sequence of values of a periodic quantity that occur during a period.
“Decibel” is one-tenth of a bel and is a unit of level when the base of the logarithm is the tenth root of ten, and the quantities concerned are proportional to power.
“Emergency work” is 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.
“Frequency of a function periodic in time” is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified.
“Microbar” is a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
“Period of a periodic quantity” is the smallest increment of time for which the function repeats itself.
“Periodic quantity” is an oscillating quantity, the values of which recur for equal increments of time.
“Person” is any person, person’s firm, association, co-partnership, joint venture, corporation or any entity public or private in nature.
“Sound analyzer” is a device for measuring the band-pressure level or pressure spectrum level of a sound as a function of frequency.
“Sound-level meter” is an instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound levels in a specified manner.
“Sound pressure level,” in decibels, of sound is twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which, reference pressure must be explicitly stated.
“Spectrum” is a function of time and is a description of its resolution into components, each of different frequency and usually of different amplitude and phase and is also used to signify continuous range of components usually wide in extent within which waves have some specified characteristics such as “audio-frequency spectrum” and is also applied to functions of variables other than time.
B. All technical definitions are in accordance with American Standard S1.1960 entitled Acoustical Terminology. (Ord. 88-13, 1988.)
9.38.030 Tests for unlawful noise.
The standards which shall be considered in determining whether a violation of this chapter exists shall include, but shall not be limited to, the following:
1. The volume of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The volume and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature of the area within which the noise emanates;
8. The density of inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent or constant; and
12. Whether the noise is produced by a commercial or non-commercial activity. (Ord. 88-13, 1988.)
9.38.035 Noise—Classification of use areas; projection and measurement.
A. It shall be unlawful to project a sound or noise, excluding noise emanating from cars, aircraft, trucks or motorcycles, from one property into another, within the boundary of a use area which exceeds either limiting noise spectra set forth in Table I, following.
B. Sound of noise projecting from one use area, into another use area with a different noise level limit, shall not exceed the limits of the district into which the noise is projected.
C. 1. The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.
2. The slow meter response of the sound level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise Spectra set forth in Table I following.
3. The measurement shall be made at the property line of the property on which such noise is generated, or perceived as appropriate, five feet above ground.
4. In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.
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Octave Band Center frequency |
Maximum Permissable Sound Pressure (Levels in Decibels re 0.0002 Microbars) |
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Use District |
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Residential |
Commercial |
Manufacturing |
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Below 75 |
65 |
79 |
80 |
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75—150 |
60 |
74 |
75 |
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150—300 |
55 |
66 |
70 |
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300—600 |
55 |
59 |
64 |
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600—1200 |
45 |
53 |
58 |
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1200—2400 |
45 |
47 |
53 |
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2400—4800 |
40 |
41 |
49 |
|
Above 4800 |
40 |
49 |
46 |
Qualifiers: If the noise is not smooth and continuous, one or more of the corrections in Table II, following, shall be added to or subtracted from each of the decibel levels given in Table I.
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Noise source operated less than 20% of any one-hour period; plus 5* |
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Noise source operated less than 5% of any one-hour period; plus 10* |
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Noise source operated less than 1% of any one-hour period; plus 15* |
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Noise of impulsive character (hammering, etc.): minus 5 |
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Noise of periodic character (hum, screech, etc.): minus 5 |
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*Apply one of these corrections only. |
Qualifiers: If the noise occurs between the hours of eleven p.m. and seven a.m. on Monday through Saturday or at any time on Sunday or Holidays, seven shall be subtracted from each of the decibel levels given in Table I.
(Ord. 88-13, 1988.)
9.38.040 Noise—Motor vehicles.
A. It shall be unlawful to operate a motorized vehicle within the city limits which creates a noise or sound which exceeds the noise level limits set out in Table III following:
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Trucks and Buses: |
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Over 10,000 pounds: |
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87 |
dB(A) measured at 50 feet |
Maximum Allowable Limit |
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93 |
dB(A) measured at 25 feet |
Maximum Allowable Limit |
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Under 10,000 pounds: |
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80 |
dB(A) measured at 50 feet |
Maximum Allowable Limit |
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86 |
dB(A) measured at 25 feet |
Maximum Allowable Limit |
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Passenger Cars: |
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78 |
dB(A) measured at 50 feet |
Maximum Allowable Limit |
|
84 |
dB(A) measured at 25 feet |
Maximum Allowable Limit |
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Motorcycles, Including Other Vehicles: |
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87 |
dB(A) measured at 50 feet |
Maximum Allowable Limit |
|
93 |
dB(A) measured at 25 feet |
Maximum Allowable Limit |
B. The measurement of sound or noise shall be made with a sound level meter and octave bank analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. (Ord. 88-13, 1988.)
9.38.045 Noise—Aircraft.
Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction used pursuant to and within the duly adopted federal air regulations shall be exempt from “It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 87dB(A) within the city,” as well as the other regulations of this ordinance. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders or air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt from “It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 87dB(A) within the city,” as well as the other regulations of this ordinance. (Ord. 88-13, 1988.)
9.38.050 Noise—Special permits.
Applications for a permit for relief from the noise level designated in this ordinance on the basis of undue hardship may be made to the city manager or his/her duly authorized representative. Any permit granted by the city manager hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The city manager, or his/her duly authorized representative, may grant the relief as applied for if he/she finds that:
A. Additional time is necessary for the applicant to alter or modify his activity or operation to comply with this ordinance; or
B. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
C. No other reasonable alternative is available to the applicant; and
D. The city manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. 88-13, 1988.)
9.38.055 Noise—Abatement; injunction.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 88-13, 1988.)
9.38.060 Separability.
It is the intention of the city council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the city council that if any provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. (Ord. 88-13, 1988.)
For statutory provisions concerning disorderly conduct and disturbance of the peace, see AS 11.45.030.