CHAPTER 8.52: NOISE, AMPLIFIED SOUND, AND VIBRATION
Section
8.52.010 Declaration of intent
8.52.025 Violations and penalties
8.52.010 DECLARATION OF INTENT.
(A) The borough hereby finds and declares that noise, volume-enhanced sounds and their concomitant vibration are significant sources of environmental pollution which represent a present and increasing threat to public peace and to the health, safety, and welfare of the residents of the borough. Loud noise and amplified sounds have an adverse effect on the psychological and physiological well-being of persons. It is the intent of this chapter to provide for the prohibition of certain levels of noise and amplified sounds and their resulting vibration within the borough. It is also the intent of this chapter to mitigate the effects of incompatible land uses in accordance with the Matanuska-Susitna Borough Comprehensive Plan.
(Ord. 08-005(AM), § 3, 2008: Ord. 04-092(SUB)(AM), § 2 (part), 2004)
8.52.015 PROHIBITED ACTS.
(A) [Repealed by Ord. 08-005(AM), § 4, 2008]
(B) [Repealed by Ord. 08-005(AM), § 4, 2008]
(C) No person shall operate or permit the operation or playing of any radio, stereo, television, phonograph, loudspeaker, speaker system, amplified drum, amplified musical instrument, sound amplifier, or similar sound-amplifying device on a source property which produces, reproduces, or amplifies sound in such a manner that it raises the total sound levels above the permissible sound limits set forth in Table 1 when measured at or within the boundary of the property of the receiving land.
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Weeknights 10:00 p.m. – 7:00 a.m. |
50 dB(A) |
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All Other Times |
60 dB(A) |
(D) No person shall operate or permit the operation of any radio, stereo, television, phonograph, loudspeaker, speaker system, amplified drum, amplified musical instrument, sound amplifier, or similar sound-amplifying device on a source property in such a manner that it exceeds the permissible sound limits set forth in Table 2 when measured at or within the boundary of the property of the receiving land. These sound levels shall be measured using the C-weighted sound level, with the sound level meter set for C-weighting, “fast” response.
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Weeknights 10:00 p.m. – 7:00 a.m. |
3 dB(C) above ambient sound levels |
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Friday, Saturday 11:00 p.m. – 7:00 a.m. |
3 dB(C) above ambient sound levels |
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All Other Times |
5 dB(C) above ambient sound levels |
(Ord. 11-103, § 2, 2011; Ord. 08-005(AM), §§ 4, 5, 2008)
8.52.020 EXEMPTIONS.
(A) The provisions of MSB 8.52.010 shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, the emission of sound during a special event properly permitted under this code, or the emission of sound generated by those devices specified herein when inside a vehicle moving on or about any public right-of-way.
(B) The provisions of MSB 8.52.010 shall not apply to sound created in conformance with a valid temporary noise permit granted pursuant to MSB 8.55.
(Ord. 08-070, § 2, 2008; Ord. 04-092(SUB)(AM), § 2 (part), 2004)
8.52.025 VIOLATIONS AND PENALTIES.
(A) Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation.
(B) Remedies, enforcement actions, and penalties shall be consistent with the provisions of MSB 1.45. In any event, the fine for each violation shall not exceed $500.
(Ord. 04-092(SUB)(AM), § 2 (part), 2004)
8.52.030 APPLICABILITY.
(A) This chapter shall apply in all areas of the borough outside the cities of Wasilla, Palmer, and Houston.
(Ord. 04-092(SUB)(AM), § 2 (part), 2004)
8.52.035 DEFINITIONS.
(A) As used in this chapter, the words shall have meanings as follows:
• “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network, using a sound level meter. The unit of reporting is dB(A). Sounds measured with the A-weighting network approximates the response of human hearing when measuring sounds of low to moderate intensity.
• “Ambient sound level” means that measured value which represents the summation of the sound from all the discrete sources affecting a given site at a given time, exclusive of extraneous sounds and those from the source under investigation. Ambient sound level shall consist of a 10- to 15-minute Leq measured using the A-weighted or C-weighted scale, depending on which parameter is being used, and the “slow” meter response. Then the noise of interest would be measured using the appropriate weighted scale and the “fast” response. “Fast” response reflects the transient nature of the sound better, while “slow” makes it easier to quantify the background level by damping some of the normal range of sound levels. Ambient sounds levels measured in dB(A) will only be compared to noise measured on the A-weighted scale. Ambient sound levels measured in dB(C) will only be compared to noise measured using the C-weighted scale.
• “C-weighted sound level” means an uncorrected overall level with only the extreme ends of the sound spectrum truncated beyond the frequency range of typical human hearing.
• “Device” means any mechanism which is intended to produce or which actually produces sound when operated or handled.
• “Leq” means equivalent A-weighted sound level (Leq), which means the constant sound level that in a given situation and time period conveys the same sound energy as the actual time varying A-weighted sound.
• “Noise sensitive area” means an area where a school, hospital, nursing home, church, court, psychiatric facility, or public library is located.
• “Person” means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency, or instrumentality of a federal, state, or local government.
• “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity.
• “Real property boundary” means a line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person or by the public.
• “Sound” means an oscillation in pressures, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.
• “Source property” means the land on which the activity causing the noise is taking place, or the land from which the noise causing activity is originating.
• “Vibration” means an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.
(Ord. 11-103, § 3, 2011; Ord. 08-005(AM), § 6, 2008: Ord. 04-092(SUB)(AM), § 2 (part), 2004)