Chapter 16.24
NOISE REGULATION
Sections:
16.24.010 Declaration of policy.
16.24.030 Decibel measurement criteria.
16.24.040 Summary abatement of violations.
16.24.050 Radios, televisions, and similar devices – Use restricted.
16.24.060 Radios, televisions, and similar devices – Prima facie evidence of violation.
16.24.070 Hawkers and peddlers – Sale by outcry restricted – Exemptions.
16.24.080 Drums and noisemaking devices – Use restricted – Exemptions.
16.24.090 Schools, hospitals, and churches – Noise restriction.
16.24.100 Animals and fowl – Restriction.
16.24.110 Machinery, pumps, air conditioners, and similar mechanical devices – Restriction.
16.24.120 Construction of buildings and projects – Restriction.
16.24.130 Motor vehicles – Repairs restricted.
16.24.140 Motor vehicles – Operation restricted – Exemption.
16.24.150 Amplified sound – Purpose.
16.24.170 Amplified sound – Registration statement – Required – Exemption.
16.24.180 Amplified sound – Registration statement – Filing.
16.24.190 Amplified sound – Registration statement – Contents.
16.24.200 Amplified sound – Registration statement – Approval.
16.24.210 Amplified sound – Registration statement – Disapproval – Procedure.
16.24.220 Amplified sound – Registration statement – Disapproval – Appeal.
16.24.230 Amplified sound – Registration statement – Fee – Exception.
16.24.240 Amplified sound – Regulations generally.
16.24.250 Amplified sound – Only music or human speech permitted.
16.24.260 Amplified sound – Hours of operation restricted.
16.24.270 Amplified sound – Sound level restricted.
16.24.280 Amplified sound – Volume to be controlled.
16.24.290 Amplified sound – Vehicle-mounted equipment – Speed requirement – Exception.
16.24.300 Amplified sound – Prohibited areas of operation.
16.24.310 Amplified sound – Commercial purpose – Business license required.
16.24.320 Amplified sound – Emergency and traffic-safety vehicles exempt.
16.24.330 General regulations – Standards.
16.24.340 Penalties – Infractions.
16.24.010 Declaration of policy.
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. 276, 1971; prior code § 5400).
16.24.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
A. “A band level” means the total sound level of all noise as measured with a sound level meter using the “A” weighting network. The unit is the dbA.
B. “Ambient noise” means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.
C. The “band pressure level” of a sound for a specified frequency band means the sound pressure level for the sound contained within the restricted band.
D. “Commercial purpose” means and includes the use, operation, or maintenance of any sound-amplifying equipment for the purpose of advertising any business, goods, or 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 any such sound equipment.
E. “Cycle” means the complete sequence of values of a periodic quantity which occurs during a period.
F. “Decibel (db)” means a unit of level 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 is 10 times the logarithm to the base 10 of this ratio.
G. “Emergency work” means work made necessary to restore property to a sale condition following a public calamity, or work required to protect persons or property from imminent exposure to danger.
H. “Frequency” of a function periodic in time means the reciprocal of the primitive period. The unit is the cycle per unit time and shall be specified.
I. “Microbar” means a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
J. “Motor vehicles” includes, but is not limited to, minibikes and gocarts.
K. “Noncommercial purpose” means the use, operation, or maintenance of any sound equipment for other than a “commercial purpose,” as defined in this section. “Noncommercial purpose” means and includes, but is not limited to, philanthropic, political, patriotic, and charitable purposes.
L. “Period” of a periodic quantity means the smallest increment of time for which the function repeats itself.
M. “Periodic quantity” means oscillating quantity, the values of which recur for equal increments of time.
N. “Sound-amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound-amplifying equipment” does 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, also does not include warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicle used only for traffic safety purposes.
O. “Sound analyzer” means a device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.
P. “Sound-level meter” means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks, for the measurement of noise and sound levels in a specified manner.
Q. The “sound pressure level,” in decibels, of a sound means 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.
R. “Sound truck” means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, which has mounted thereon, or attached thereto, any sound-amplifying equipment.
S. “Spectrum” of a function of time means a description of its resolution into components, each of a different frequency. (Ord. 276, 1971; prior code § 5401).
16.24.030 Decibel measurement criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, or as measured with a sound level meter using the “A” weighting. (Ord. 276, 1971; prior code § 5402).
16.24.040 Summary abatement of violations.
The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or 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, in addition to any other penalties prescribed by law. (Ord. 276, 1971; prior code § 5403).
16.24.050 Radios, televisions, and similar devices – Use restricted.
It is unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound, between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day, in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area. (Ord. 276, 1971; prior code § 5404(a)).
16.24.051 Sound amplification systems in or upon parked vehicles or vehicles operated on private property – Use restricted.
It is unlawful for any operator or person in control of a motor vehicle to use, operate, or permit the use or operation of any sound amplification system in or upon the vehicle which can be heard outside the vehicle from 50 or more feet when the vehicle is parked on public or private property or being driven upon private property within the city, unless that system is being operated to request assistance or warn of a hazardous situation. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events. (Ord. 567 § 1, 1989).
16.24.060 Radios, televisions, and similar devices – Prima facie evidence of violation.
Any noise exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels, or any noise clearly audible from a distance of 50 feet from the property line of the noise source shall be deemed to be prima facie evidence of a violation of the provisions of BGMC 16.24.050. (Ord. 506 § 5, 1985; Ord. 276, 1971; prior code § 5404(b)).
16.24.070 Hawkers and peddlers – Sale by outcry restricted – Exemptions.
It is unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. (Ord. 276, 1971; prior code § 5405).
16.24.080 Drums and noisemaking devices – Use restricted – Exemptions.
It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct. (Ord. 276, 1971; prior code § 5406).
16.24.090 Schools, hospitals, and churches – Noise restriction.
It is unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in the streets, sidewalk or public place indicating the presence of a school, church, or hospital. (Ord. 276, 1971; prior code § 5407).
16.24.100 Animals and fowl – Restriction.
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, causes annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (Ord. 276, 1971; prior code § 5408).
16.24.110 Machinery, pumps, air conditioners, and similar mechanical devices – Restriction.
It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels based on a reference sound pressure of 0.0002 microbars as measured in any octave band center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, and for the combined frequency bands (“A” band). (Ord. 276, 1971; prior code § 5409).
16.24.120 Construction of buildings and projects – Restriction.
Between the hours of 7:00 p.m. of one day and 8:00 a.m. of the next day, it is unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment, or perform any outside construction or repair work on buildings, structures, or projects, or operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction device in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance, unless beforehand a permit therefor has been duly obtained from the officer or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work as defined in BGMC 16.24.020. (Ord. 276, 1971; prior code § 5410).
16.24.130 Motor vehicles – Repairs restricted.
It is unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle, between the hours of 7:00 p.m. of one day and 8:00 a.m. of the next day, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. (Ord. 276, 1971; prior code § 5411).
16.24.140 Motor vehicles – Operation restricted – Exemption.
It is unlawful for any person to operate any motor-driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, that any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. (Ord. 276, 1971; prior code § 5412).
16.24.150 Amplified sound – Purpose.
The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare for its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. (Ord. 276, 1971; prior code § 5413).
16.24.160 Amplified sound – Sound-amplifying equipment defined – Compliance with provisions required.
No person shall use or cause to be used any “sound-amplifying equipment,” which term means any machine or device for the amplification of the human voice, music, or other sound, other than automobile or portable radios utilizing solely their own power sources, on any public right-of-way or publicly owned property, except in accordance with the requirements of BGMC 16.24.170 through 16.24.310. (Ord. 325 § 9, 1974; prior code § 4247).
16.24.170 Amplified sound – Registration statement – Required – Exemption.
It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the city a loudspeaker or sound-amplifying equipment, in a fixed or movable position or mounted upon any sound truck, for the purposes of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval thereof as set forth in BGMC 16.24.180 through 16.24.200. (Ord. 276, 1971; prior code § 5414).
16.24.180 Amplified sound – Registration statement – Filing.
Every user of sound-amplifying equipment shall file a registration statement with the police department two days prior to the date on which the sound-amplifying equipment is intended to be used. (Ord. 276, 1971; prior code § 5415(a)).
16.24.190 Amplified sound – Registration statement – Contents.
The registration statement required in BGMC 16.24.170 shall contain the following information:
A. The name, address, and telephone number of both the owner and the user of the sound-amplifying equipment;
B. The maximum sound-producing power of the sound-amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound-amplifying equipment;
C. The license and motor number, if a sound truck is to be used;
D. A general description of the sound-amplifying equipment which is to be used; and
E. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes. (Ord. 276, 1971; prior code § 5415(a)).
16.24.200 Amplified sound – Registration statement – Approval.
The police department shall return to the applicant an approved certified copy of the registration statement unless it finds that:
A. The conditions of the motor vehicle movement are such that, in the opinion of the police department, use of the equipment would constitute a detriment to traffic safety; or
B. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
C. The registration statement required reveals that the applicant would violate the provisions set forth in BGMC 16.24.240 through 16.24.310 or any other provisions of this code. (Ord. 276, 1971; prior code § 5415(b)).
16.24.210 Amplified sound – Registration statement – Disapproval – Procedure.
In the event the registration statement is disapproved, the police department shall endorse upon the statement its reasons for disapproval, and return it forthwith to applicant. (Ord. 276, 1971; prior code § 5415(c)).
16.24.220 Amplified sound – Registration statement – Disapproval – Appeal.
Any person aggrieved by disapproval of a registration statement may appeal to the city council by filing a written notice of appeal with the city clerk. The clerk shall set the appeal for hearing at the next regular or adjourned regular meeting of the city council, whose decision on hearing of the appeal shall be final. (Ord. 276, 1971; prior code § 5416).
16.24.230 Amplified sound – Registration statement – Fee – Exception.
Prior to the issuance of the registration statement, a fee in the amount of $10.00 per day, or any portion thereof, shall be paid to the city, if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound-amplifying equipment for noncommercial purposes. (Ord. 276, 1971; prior code § 5417).
16.24.240 Amplified sound – Regulations generally.
The commercial and noncommercial use of sound-amplifying equipment shall be subject to the regulations in BGMC 16.24.250 through 16.24.320. (Ord. 276, 1971; prior code § 5418).
16.24.250 Amplified sound – Only music or human speech permitted.
The only sounds permitted shall be either music or human speech, or both. (Ord. 276, 1971; prior code § 5418(a)).
16.24.260 Amplified sound – Hours of operation restricted.
The operation of sound-amplifying equipment shall only occur between the hours of 10:00 a.m. and 6:30 p.m. each day, except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of noon and 5:00 p.m. (Ord. 276, 1971; prior code § 5418(b)).
16.24.270 Amplified sound – Sound level restricted.
No sound emanating from sound-amplifying equipment shall exceed 15 dbA above the ambient, as measured at any property line. (Ord. 276, 1971; prior code § 5418(c)).
16.24.280 Amplified sound – Volume to be controlled.
In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (Ord. 276, 1971; prior code § 5418(e)).
16.24.290 Amplified sound – Vehicle-mounted equipment – Speed requirement – Exception.
Sound-amplifying equipment shall not be operated from any vehicle unless the vehicle upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when the vehicle is stopped or impeded by traffic. (Ord. 325 § 9, 1974; prior code § 4247(2)).
16.24.300 Amplified sound – Prohibited areas of operation.
Sound-amplification equipment shall not be used at any time within 100 yards of any hospital, convalescent home, school when schools are in session, or the city hall. (Ord. 325 § 9, 1974; prior code § 4247(3)).
16.24.310 Amplified sound – Commercial purpose – Business license required.
No person shall utilize any sound-amplification equipment for commercial purposes within the city unless a business license has first been obtained for such operation from the city. (Ord. 325 § 9, 1974; prior code § 4247(4)).
16.24.320 Amplified sound – Emergency and traffic-safety vehicles exempt.
Nothing in BGMC 16.24.150 through 16.24.310 shall be construed to apply to any sound-amplification equipment on any emergency vehicle or vehicles used only for traffic safety purposes. (Ord. 325 § 9, 1974; prior code § 4247).
16.24.330 General regulations – Standards.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully 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.
B. 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:
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 and zoning of the area within which the noise emanates;
8. The density of the 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 a noncommercial activity. (Ord. 276, 1971).
16.24.340 Penalties – Infractions.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 506 § 6, 1985).