Chapter 8.12
NOISE CONTROL1
Sections:
8.12.020 Declaration of policy.
8.12.040 Noise level measurement criteria.
8.12.050 Exterior noise standards.
8.12.060 Interior noise standards.
8.12.080 Schools, hospitals and churches – Special provisions.
8.12.090 Manner of enforcement.
Prior legislation: Ord. 2002-033.
8.12.010 Purpose.
The purpose of this chapter is to establish noise standards and to protect the health, safety, welfare, and living/working environments in the city. [Ord. 2010-126 § 1 (Exh. A)].
8.12.020 Declaration of policy.
A. It is hereby declared to be the policy of the city to control unnecessary, excessive, and annoying sounds from all sources as specified in this chapter.
B. It is determined that certain sound levels are detrimental to the public health, welfare, and safety, and contrary to public interest. [Ord. 2010-126 § 1 (Exh. A)].
8.12.030 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.
“Decibel (dB)” means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power to 10 times the logarithm to the base 10 of this ratio.
“Density” means the number of dwelling units per gross acre of land as established in AVMC Title 15.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Emergency machinery, vehicle, or work” means any machinery, vehicle, or work used, employed, or performed in an effort to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, leaf blowers, public address systems and refrigeration equipment.
“Grading” means any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.
“Impact noise source” means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.
“Mobile noise source” means any noise source other than a fixed noise source.
“Noise level” means the “A” weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).
“Nonresidential property” means any parcel of real property other than residential property.
“Residential property” means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
“Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.
“Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level, in decibels” means 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
8.12.040 Noise level measurement criteria.
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter. Exterior noise levels shall be measured at any point on the affected property. Interior noise levels shall be measured within the affected dwelling unit at a point at least four feet from the wall, ceiling, or floor nearest the alleged noise source with the windows of the affected dwelling unit closed. [Ord. 2010-126 § 1 (Exh. A)].
8.12.050 Exterior noise standards.
A. The following exterior noise standards, unless otherwise specifically indicated, shall apply to all residential property within the city:
|
Residential Exterior Noise Standards |
||
|---|---|---|
|
|
Noise Level |
Time Period |
|
Density of less than 10 DU/acre |
50 dB(A) |
7:00 a.m. – 10:00 p.m. |
|
45 dB(A) |
10:00 p.m. – 7:00 a.m. |
|
|
Density of 10 DU/acre or more |
55 dB(A) |
7:00 a.m. – 10:00 p.m. |
|
50 dB(A) |
10:00 p.m. – 7:00 a.m. |
|
In the event the noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).
B. The following exterior noise standards, unless otherwise specifically indicated, shall apply to all nonresidential property within the city. If a noise affects both residential and nonresidential property, then the applicable noise standard shall be the arithmetic mean of the applicable standards that apply to residential and nonresidential property.
|
Nonresidential Exterior Noise Standards |
||
|---|---|---|
|
|
Noise Level |
Time Period |
|
Commercial |
65 dB(A) |
7:00 a.m. – 10:00 p.m. |
|
60 dB(A) |
10:00 p.m. – 7:00 a.m. |
|
|
Manufacturing/Industrial |
70 dB(A) |
24 hours per day |
In the event the noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).
C. It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by the person, when the foregoing causes the noise level, when measured on any other parcel, to exceed:
1. The noise standard for a cumulative period of more than 30 minutes in any hour.
2. The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour.
3. The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour.
4. The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour.
5. The noise standard plus 20 dB(A) for any period of time.
6. In the event the ambient noise level exceeds any of the applicable standards when the source of the noise is not operating, the ambient noise level shall become the standard. [Ord. 2013-151 § 3 (Exh. A); Ord. 2013-149 § 1; Ord. 2010-126 § 1 (Exh. A)].
8.12.060 Interior noise standards.
A. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within the city:
|
Residential Interior Noise Standards |
|
|---|---|
|
Noise Level |
Time Period |
|
55 dB(A) |
7:00 a.m. – 10:00 p.m. |
|
45 dB(A) |
10:00 p.m. – 7:00 a.m. |
In the event the noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).
B. It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by the person, when the foregoing causes the noise level, when measured within the interior of any other dwelling unit on any residential parcel within the city to exceed:
1. The interior noise standard for a cumulative period of more than five minutes in any hour.
2. The interior noise standard plus five dB(A) for a cumulative period of more than one minute in any hour.
3. The interior noise standard plus 10 dB(A) for any period of time.
C. In the event the ambient noise level exceeds either of the first two noise level categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under that category shall be increased to reflect the maximum ambient noise level. [Ord. 2010-126 § 1 (Exh. A)].
8.12.070 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college, or day care home.
B. “Special events” as defined in AVMC 11.05.020 provided said events are conducted pursuant to a special events permit issued pursuant to Chapter 11.05 AVMC.
C. Outdoor gatherings, public dances and shows, provided the events are conducted pursuant to a permit issued by the city.
D. Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle or work.
E. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, 8:00 p.m. and 8:00 a.m. on Saturday, or at any time on Sunday or a federal holiday.
F. Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday.
G. Any activity to the extent regulation thereof has been preempted by state or federal law.
H. Noise sources associated with solid waste collection and removal, provided such activities take place between 7:00 a.m. and 6:00 p.m. Monday through Friday where audible in residential areas; or between 7:00 a.m. and 6:00 p.m. on Saturdays where audible in residential areas; or between 5:00 a.m. and 9:00 p.m. any day where such activity is not audible in residential areas; or as otherwise provided in an approved franchise agreement between a waste hauler and the city. [Ord. 2010-126 § 1 (Exh. A)].
8.12.080 Schools, hospitals and churches – Special provisions.
It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use for its intended purpose to exceed the noise limits as specified in AVMC 8.12.050(A) or which causes the noise level to unreasonably interfere with the use of such institutions for their intended purpose or which unreasonably disturbs or annoys students, patients, or attendees in such institutions, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, church or hospital. [Ord. 2010-126 § 1 (Exh. A)].
8.12.090 Manner of enforcement.
A. The chief of police services, or designee, is directed to enforce the provisions of this chapter.
B. No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while the person is engaged in the performance of his/her duty. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: interference with public officers prohibited, AVMC 8.20.040.
8.12.100 Violations.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and/or such violation shall constitute a public nuisance. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
Cross-references: animal noise nuisances, AVMC 6.04.030; solid waste collection vehicles, AVMC 7.05.150; disturbances in residential areas during sleeping hours, Chapter 8.10 AVMC.