Chapter 8.24
NOISE
Sections:
8.24.010 Declaration of policy.
8.24.030 Excessive noise unlawful.
8.24.040 Classification and measurement.
8.24.050 Permissible noise levels.
8.24.060 Motor vehicle noise—Permissible sound pressure levels.
8.24.070 Motor vehicle noise—Amplification prohibited.
8.24.080 Dynamic braking devices prohibited.
8.24.120 Exception—Emergencies.
8.24.130 Exception—Public events by permit.
8.24.010 Declaration of policy.
The making and creating of excessive, unnecessary or unusually loud noises within the city limits which are prolonged, unusual or unreasonable in their time, place and use are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the city and may cause damage to property or business. The necessity for the provisions and prohibitions contained in and enacted by this chapter is declared as a matter of legislative determination and public policy to be in the public interests and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and peace and quiet of the inhabitants of the city. (Prior code § 10-52)
8.24.020 Definitions.
All terminology used in this chapter shall be consistent with applicable American National Standards Institute Publications, or those from successor publications or bodies. For purposes of this chapter, certain words and phrases as used in this chapter are defined as follows:
“Ambient noise level” means the sound pressure level of all encompassing noise associated with a given environment, being usually a composite of sounds from many sources. It is also the sound pressure level exceeded ninety (90) percent of the time based on a sample of at least one minute.
“A-weighted sound pressure level” means the sound pressure as monitored with a sound level meter using the A-weighted network. The standard notation is dB(A).
“Commercial use areas” means any other use not classified as residential use as defined in this section.
“Construction activities” means any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereof, including land clearing, grading, excavation and filling.
“Continuous noise” means steady or fluctuating noise which exists essentially without interruption during the period of observation.
“Decibel” means a logarithmic unit of measure often used in measuring magnitudes of sound. The symbol is dB.
“Device” means any mechanism which is intended to, or which actually produces audible sound when operated or handled.
“Dynamic braking device” means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
“Emergency vehicle” means a vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
“Emergency work” means 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.
“Intermittent noise” means a noise whose sound pressure level equals or is less than the ambient noise level two (2) or more times during the period of observation and is greater than the ambient during the remainder of the period.
“Motor vehicle” means any vehicle such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, motorcycles, minibikes, gocarts, snowmobiles, motor boats, racing vehicles, and other devices propelled by mechanical power.
“Muffler” means any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end. To qualify, such an apparatus must cause a reduction of at least ten (10) dB(A) upon insertion into the system for which it is intended.
“Noise” means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
“Noise disturbance” means any sound which annoys or disturbs reasonable persons with normal sensitivity, or which injures or endangers the comfort, repose, health, safety or peace of other persons.
“Person” means any human being, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owner or operator, including any municipal corporation or its officers or employees.
“Property boundary” means an imaginary line at the ground surface which separates the real property owned by one person from that owned by another person, and its vertical extension.
“Public right-of-way” means any street, avenue, boulevard, highway, alley, premises or public conveyance which is owned or controlled by a public governmental entity.
“Residential use areas” means the use of property on which a building or portion thereof is offered for rent, sale or lease as a dwelling unit or units.
“Sound level meter” means an instrument, including a microphone, amplifier, output meter and weighting networks, for the measurement of sound pressure. The output meter reads sound pressure level when properly calibrated and the instrument is of Type 2 or better as specified in the American National Standards Institute Publication S1.4-1974, including successor publications.
“Stationary noise source” means any equipment or facility, fixed or movable, capable of emitting sound beyond the property boundary of the property on which it is located. (Prior code § 10-53)
8.24.030 Excessive noise unlawful.
A. The making and creating of an excessive or unusually loud noise, or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill within the city, as heard without measurement or heard and measured in the manner prescribed in Section 8.24.040 is declared unlawful, except when made under and in compliance with a permit issued pursuant to Section 8.24.150. In proof of a violation of this chapter, evidence of noise heard and measured in the manner prescribed in Section 8.24.040 which is less than that required for conviction by use of test or measurement as set out in Section 8.24.040 may be offered to provide a violation of this chapter as heard without measurement. The time and location of the noise as well as the characteristics of noise set out in this section shall be considered in reaching a decision under this chapter.
B. It is unlawful for any person to operate or to allow to be operated any type of vehicle, machine, motor, airplane or device or carry on any other activity in such a manner as would be a violation of Sections 8.24.050, 8.24.060 or other applicable sections contained within this chapter. (Prior code § 10-54)
8.24.040 Classification and measurement.
For purposes of determining and classifying any noise as excessive or unusually loud, as declared to be unlawful and prohibited by this chapter, the following test measurements and requirements may be applied; provided, however, a violation of Section 8.24.030 may occur without the following measurements being made:
A. Noise occurring within the jurisdiction of the city shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way and if the noise source is located on private property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.
B. The noise shall be measured on the A-weighted scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute.
1. For purposes of this chapter, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) miles per hour or twenty-five (25) miles per hour with a wind screen.
2. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (Prior code § 10-55)
8.24.050 Permissible noise levels.
It is unlawful for any person to operate or permit to be operated any stationary source of noise which creates a sound pressure level which exceeds the limits set forth in Table 8.24.050 for more than ninety (90) percent of any measurement period. The measurement period shall not be less than a period of two (2) minutes and shall be measured at a distance in accordance with the requirements of Section 8.24.040. When a noise source can be identified and its noise measured in more than one (1) use category, the limits of the most restrictive use classification shall apply at the boundaries between different use classifications. Noise levels for any development shall conform with Table 8.24.050 and shall be determined by the predominant land use as set forth in the planned site development plan.
|
Zoning District |
7 a.m. to next 7 p.m. |
7 p.m. to next 7 a.m. |
|---|---|---|
|
Residential |
55 dB(A) |
50 dB(A) |
|
Commercial |
60 dB(A) |
55 dB(A) |
(Prior code § 10-56)
8.24.060 Motor vehicle noise—Permissible sound pressure levels.
It is unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, within the city any motor vehicle which emits a sound pressure level in excess of the levels established in Table 8.24.060. Noise from a motor vehicle within the public right-of-way shall be measured at a distance of at least twenty-five (25) feet from the near side of the traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of Type 2 or better and operated on the A-weighting network, as specified in the American National Standards Institute Publication S1.4-1974, or successor publications.
|
Vehicle Class |
Maximum Level |
|---|---|
|
Any vehicle greater than 10,000 lbs. manufacturer’s gross weight other than an interstate motor carrier |
88 dB(A) |
|
Motorcycles |
80 dB(A) |
|
Other motor vehicles |
80 dB(A) |
(Prior code § 10-57)
8.24.070 Motor vehicle noise—Amplification prohibited.
It is unlawful for any person to sell, lease, rent or install any device or sell, rent, lease or operate any motor vehicle, engine or mechanical device with a device which, when attached to or placed upon the motor vehicle, engine or mechanical device, amplifies or increases the noise emitted by it above that emitted by the motor vehicle, engine or mechanical device in its original factory design. (Prior code § 10-62)
8.24.080 Dynamic braking devices prohibited.
It is unlawful for any person to operate or engage a dynamic braking device within the city except for the aversion of imminent danger. (Prior code § 10-59)
8.24.100 Construction noise.
Construction projects shall be subject to the maximum permissible noise level of 80 dB(A) for the period within which the construction permit is issued by a proper authority, or if no time limitation is imposed pursuant to such permit, then for a reasonable period of time for completion of the construction project; provided, however, this section shall not preclude emergency work or public service utilities. (Prior code § 10-58)
8.24.110 Quiet zones.
A. The City Manager or his authorized representative shall have the authority to designate quiet zones within the city, which zones shall be the vicinity of any school, hospital, institution of learning, court, resthome or other designated area where exceptional quiet is necessary, while the same are in use; provided, however, conspicuous signs shall be placed or displayed in such streets or areas indicating that the same has been designated as a quiet zone.
B. For the purpose of this chapter, all properly designated quiet zones shall have a maximum permissible steady sound pressure level limit as set forth in Table 8.24.050 for residential use areas. It is unlawful for any person to create any loud or excessive noise in excess of the sound pressure level limits set forth for residential areas in Section 8.24.050 within any area that has been designated as a quiet zone pursuant to this section. (Prior code § 10-61)
8.24.120 Exception—Emergencies.
Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency vehicles to make excessive noise in the performance of their duties when such noise is clearly unnecessary. (Prior code § 10-63)
8.24.130 Exception—Public events by permit.
Applications for a permit to hold a public event which may violate the provisions of this chapter shall be made to the City Manager or his duly authorized representative in accordance with the requirements of Section 8.24.150. Such permit, if issued, shall be valid only at the specified conditions noted in such permit. (Prior code § 10-64)
8.24.140 Variances.
Application for a permit for relief from the provisions of this chapter on the basis of undue hardship may be made to the City Manager or his duly authorized representative by any person subject to the jurisdiction of this chapter. In administering such application, the City Manager or his duly authorized representative shall construe the terms “undue hardship” to mean noise caused, which if prohibited, would cause undue hardship to the person responsible for the creation of the noise. In determining whether relief should be granted in the form of a permit pursuant to this section, consideration shall be given to the time of day that the noise is created, the duration of the noise, the loudness of the noise relative to the required limits, whether the noise is temporary or continuous in nature, the extensiveness of the noise and the technical and economic feasibility of bringing such noise source into conformance with the provisions of this chapter. (Prior code § 1065)
8.24.150 Permits.
Applications for a permit for relief from the provisions of this chapter may be made to the City Manager or his duly authorized representative. Any permit granted by the City Manager under this section shall be effective only for the location and times designated within the permit and shall be further subject to such limitations as may be set forth in such permit. (Prior code § 10-66)
8.24.160 Violations—Penalty.
Any person violating any section of this chapter, performing any act which is prohibited or declared unlawful by this chapter or permitting or causing any noise in excess of limits set forth within this chapter shall, upon conviction thereof, be subject to a penalty as provided in Section 1.16.010. (Prior code § 10-66.1)
8.24.170 Additional remedies.
As an additional remedy, the operation or maintenance of any noise source in violation of any provisions of this chapter which causes discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents within the city shall be deemed and is declared to be a public nuisance and may be subject to abatement by restraining order or injunction by a court jurisdiction. It shall be presumed, subject to rebuttal, that a person seeking relief from noise disturbance is a reasonable person of normal sensitivity and the burden of proof to show otherwise shall be upon the person or entity against whom relief is sought. (Prior code § 10-66.2)