Chapter 8.10
NOISE AND SOUND DISTURBANCES
Sections:
8.10.030 Sound level measurement.
8.10.040 Sound level measurement location.
8.10.050 Special event permit.
8.10.060 Agricultural activities exempt.
8.10.070 Enforcement and penalties.
8.10.080 Construction-related enforcement and penalties.
8.10.090 Construction-related exemptions.
8.10.010 Generally.
No person shall willfully or recklessly make, or cause or permit to be emitted, any sound prohibited by this chapter. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 1, 2011.)
8.10.020 Prohibited sounds.
The following sounds are prohibited pursuant to this chapter:
1. A sound measuring 70 decibels or more between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday, or between the hours of 9:00 a.m. and 10:00 p.m. on Sunday.
2. A sound measuring 55 decibels or more between the hours of 10:00 p.m. and 7:00 a.m. Monday through Saturday, or between the hours of 10:00 p.m. Saturday and 9:00 a.m. on Sunday. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 2, 2011.)
8.10.030 Sound level measurement.
Sound shall be measured with a sound level meter using the A-weighted scale in accordance with standards promulgated by the American National Standards Institute. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 3, 2011.)
8.10.040 Sound level measurement location.
Sound levels shall be measured at the property line of the property from which the sound is being emitted. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 4, 2011.)
8.10.050 Special event permit.
A person may apply to the City to receive a special event permit for a limited time period to allow the reasonable production of sound that would otherwise violate this chapter. The special event permit may be issued if approved by the Mayor and one other member of the City Council, in their sole discretion, prior to the event. The special event permit shall be in writing and shall state the dates and times for which it is effective and any special conditions or restrictions under which it is issued. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 5, 2011.)
8.10.060 Agricultural activities exempt.
Agricultural activities are exempt from the provisions of this chapter. (Ord. 2024-11 § 1 (Exh. A), 2024; Ord. 2011-08 § 6, 2011.)
8.10.070 Enforcement and penalties.
Enforcement may proceed as follows if the City becomes aware of a violation of this section:
1. Warning. If the code enforcement officer determines that there was a violation, a verbal or written warning shall be given to the responsible party to make them aware of this chapter.
2. First Violation. If the code enforcement officer determines that there is a subsequent violation of this section within one calendar year of the warning, a fine of $250.00 shall be assessed to the responsible party and a written violation letter shall be hand delivered or mailed to the responsible party.
3. Subsequent Violations. If the code enforcement officer determines there is/are subsequent violation(s) of this section within one calendar year of the first violation, a fine of $500.00 shall be assessed to the responsible party per subsequent violation and a written violation letter shall be hand delivered or mailed to the responsible party. (Ord. 2024-11 § 1 (Exh. A), 2024.)
8.10.080 Construction-related enforcement and penalties.
“Fine” means monetary payment to Francis City as a penalty for violation of this chapter, added to the cost of the building permit, due before issuance of a certificate of occupancy for any project managed by the violating general contractor.
Enforcement may proceed as follows if the City becomes aware of a construction-related violation of this section:
1. Warning. If the code enforcement officer determines that there was a violation, a verbal or written warning shall be given to the general contractor to make them aware of this chapter.
2. First Violation. If the code enforcement officer determines that there is a subsequent violation of this section by the same general contractor within one calendar year of the warning, a fine of $500.00 shall be assessed to the general contractor and a written violation letter shall be hand delivered, mailed, or emailed to the general contractor.
3. Second Violation. If the code enforcement officer determines there is a subsequent violation of this section by the same general contractor within one calendar year of the first violation, a fine of $1,000 shall be assessed to the general contractor and a written violation letter shall be hand delivered, mailed, or emailed to the general contractor.
4. Stop Work Order. If the code enforcement officer determines that there is/are subsequent violation(s) of this section within one calendar year of the second violation, a stop work order shall be issued for the building permit in which the subsequent violation(s) occurred. The stop work order will be for a minimum of 14 calendar days. (Ord. 2024-11 § 1 (Exh. A), 2024.)
8.10.090 Construction-related exemptions.
Requests for construction work to be exempted from the restrictions outlined in this chapter shall be made to the Francis City Council. The following information will be required to be made known at the time of the request:
1. Name of the person or entity applying;
2. Contact information for the person or entity applying;
3. Location of the area for the exemption (address or parcel number); and
4. Reason for the exemption.
All requests for exemptions shall be made at least 15 days in advance of the next regularly scheduled City Council meeting. The Francis City Council may, in their sole discretion, choose to approve or deny the request for exemption. Any conditions outlined and agreed upon shall be obeyed by the applicant and failure to do so will cause the exemption to be revoked. (Ord. 2024-11 § 1 (Exh. A), 2024.)