CHAPTER 1
CRIMES AGAINST PUBLIC PEACE AND ORDER
ARTICLE 6. NOISE REGULATION
SECTION:
§6047: Sound Level Measurement Criteria
§6048: Ambient Base Noise Level
§6049: Radios, Television Sets And Similar Devices
§6051: Schools, Hospitals And Churches
§6053: Machinery, Equipment, Fans And Air Conditioning
§6054: Construction Of Buildings And Projects
§6058: General Noise Regulations
§6061: Violations; Additional Remedies; Injunctions
§6045 DECLARATION OF POLICY
It is hereby 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 interest shall be systematically proscribed. (Ord. 748, article 1, adopted 1980)
§6046 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. Ambient Noise: "Ambient noise" is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.
B. Decibel (dB): "Decibel" shall mean a unit of level when the base of the logarithm is the tenth root of ten and the quantities concerned are proportional to power.
C. Emergency Work: "Emergency work" shall mean 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 or work by private or public utilities when restoring utility service.
D. Person: "Person" shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
E. Sound Level: "Sound level" (noise level) in decibels (dB) is the sound measured with the "A" weighting and slow response by a sound level meter.
F. Sound Level Meter: "Sound level meter" shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof.
G. Motor Vehicles: "Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts.
H. Sound Amplifying Equipment: "Sound amplifying equipment" shall mean any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall 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, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
I. Commercial Purpose: "Commercial purpose" shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any 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 such sound equipment.
J. Noncommercial Purpose: "Noncommercial purpose" shall mean the use, operation, or maintenance of any sound equipment for other than a "commercial purpose." "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes. (Ord. 748, Article 1, adopted 1980)
§6047 SOUND LEVEL MEASUREMENT CRITERIA
Any sound level measurement made pursuant to the provisions of this Chapter shall be measured with a sound level meter using the "A" weighting. (Ord. 748, Article 1, adopted 1980)
§6048 AMBIENT BASE NOISE LEVEL
Where the ambient noise level is less than designated in this Section the respective noise level in this Section shall govern.
|
|
Sound Level A, decibels |
|
|---|---|---|
|
|
|
|
|
Zone |
Time |
|
|
|
|
|
|
R1 & R2 |
10 pm to 7 am |
40 |
|
R1 & R2 |
7 pm to 10 pm |
45 |
|
R1 & R2 |
7 am to 7 pm |
50 |
|
R3 |
10 pm to 7 am |
45 |
|
R3 |
7 am to 10 pm |
50 |
|
Commercial |
10 pm to 7 am |
60 |
|
Commercial |
7 am to 10 pm |
65 |
|
Industrial (M) |
Anytime |
70 |
(Ord. 748, Article 1, adopted 1980; amd. by Ord. 803, §1, adopted 1983)
§6049 RADIOS, TELEVISION SETS AND SIMILAR DEVICES
A. Use Restricted: It shall be 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 in such a manner as to disturb the peace, quiet and comfort of neighboring residents or of any reasonable person of normal sensitiveness residing in the area.
B. Prima Facie Violation: Any noise level originating from a radio, television or similar device exceeding the ambient base level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of the provisions of this Section. (Ord. 748, Article 1, adopted 1980)
§6050 HAWKERS AND PEDDLERS
It shall be 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. 748, Article 1, adopted 1980)
§6051 SCHOOLS, HOSPITALS AND CHURCHES
It shall be 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 which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital. (Ord. 748, Article 1, adopted 1980)
§6052 ANIMALS AND FOWL
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 or cry, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (Ord. 748, Article 1, adopted 1980)
§6053 MACHINERY, EQUIPMENT, FANS AND AIR CONDITIONING
It shall be 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 base noise level by more than five (5) decibels between seven o’clock (7:00) P.M. and seven o’clock (7:00) A.M. (Ord. 748, Article 1, adopted 1980)
§6054 CONSTRUCTION OF BUILDINGS AND PROJECTS
It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00 P.M. of one day and 7:00 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 unless beforehand a permit therefor has been duly obtained form the Director of Public works. No permit shall be required to perform emergency work as defined in §6046 of this Article. (Ord. 748, Article 1, adopted 1980)
§6055 VEHICLE REPAIRS
It shall be unlawful for any person within any residential area of the City to repair, rebuild, or test any motor vehicle between the hours of nine o’clock (9:00) P.M. of one day and eight o’clock (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 as a result of noise resulting from the activity. (Ord. 748, Article 1, adopted 1980)
§6056 MOTOR DRIVEN VEHICLES
It shall be 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 as a result of noise from the activity; provided, however, 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. 748, Article 1, adopted 1980)
§6057 REGULATIONS
The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech, or both.
B. The operation of sound amplifying equipment for commercial purposes shall only occur between the hours of eight o’clock (8:00) A.M. and six o’clock (6:00) P.M. each day except on Sundays and legal holidays. The operation of sound amplifying equipment for noncommercial purposes shall only occur between the hours of eight o’clock (8:00) A.M. and ten o’clock (10:00) P.M.
C. Sound level emanating from sound amplifying equipment shall not exceed fifteen (15) decibels above the ambient base noise level. Nor shall it be audible at any distance in excess of two hundred feet (200’) from the amplifying equipment.
D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not be operated within two hundred feet (200’) of churches, schools, hospitals.
E. 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. 748, article 1, adopted 1980)
§6058 GENERAL NOISE REGULATIONS
Notwithstanding any other provisions of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
Standards which may be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:
A. The level of the noise;
B. The intensity of the noise;
C. Whether the nature of the noise is unusual;
D. Whether the noise stands out against the level and intensity of the background noise, if any;
E. The proximity of the noise to residential sleeping facilities;
F. The nature and zoning of the area within which the noise emanates;
G. The density of the inhabitation of the area within which the noise emanates;
H. Whether the noise occurs at a time of day when most people expect relative quiet;
I. Whether the noise occurred only once for a short period of time or occurs more than once and for longer periods of time; and
J. Whether the noise is produced by a reasonable commercial activity during normal business hours. (Ord. 748, article 1, adopted 1980; Ord. 1062, §1, adopted 2005)
§6059 EXEMPTIONS
The following activities shall be exempt from the provisions of this ordinance:
A. Garbage collection activities subject to city franchise;
B. Operation of street sweepers by city personnel or the operation of sweepers under contract to the city. (Ord. 748, article 1, adopted 1980)
§6060 VIOLATIONS; INFRACTION
Any person violating any of the provisions of this article shall be deemed guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. (Ord. 748, article 1, adopted 1980; Ord. 1062, §1, adopted 2005)
§6061 VIOLATIONS; ADDITIONAL REMEDIES; INJUNCTIONS
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this article, which operation or maintenance emits noise 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. 748, article 1, adopted 1980)
§6062 SEVERABILITY
If any provision, clause, sentence, or paragraph of this article or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this article are hereby declared to be severable. (Ord. 748, article 1, adopted 1980)