Chapter 6.40
NOISE
Sections:
6.40.010 Noise regulations – Intent.
6.40.030 Specific noise prohibitions during specific hours.
6.40.040 Use district noise levels.
6.40.050 Sound level measurement.
6.40.070 Noises governed by other laws.
6.40.090 Criminal violation – Penalty.
6.40.100 Civil violation – Penalty.
6.40.010 Noise regulations – Intent.
To preserve the tranquility, health and welfare of the community, the City has enacted this chapter. The intent of this chapter is to balance the generation of sounds that are necessary and routine against disturbances of the convenience and comfort of nearby individuals. It is also intended to prevent the generation of noises that are nuisances to the community, whether due to their intensity or longevity. [Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.020 Definitions.
As used in this chapter:
(A) “A-weighted sound pressure level,” notated as “dB(A),” means the sound pressure level as measured with a sound level meter using the A-weighted network.
(B) “Agricultural operations” means the cultivation of crops and husbandry and keeping of farm animals, including the operation of equipment essential to those operations.
(C) “Continuous sound” means any sound that exists, essentially without interruption, for a period of five minutes or more.
(D) “Cyclically varying noise” means any sound that varies in sound level so that the same level is obtained repetitively at reasonably uniform intervals of time.
(E) “Decibel” means the logarithmic and dimensionless unit of measure often used in describing the amplitude of sound.
(F) “Dynamic braking device” means a device used primarily on trucks for the conversion of an engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes, commonly referred to as a Jacob’s Engine Brake or Jake Brake.
(G) “Emergency work” means work required to restore property to a safe condition following a public calamity, to repair critical utility infrastructure, or to protect persons or property from imminent exposure to danger.
(H) “Emergency vehicle” means a motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
(I) “Impulsive noise” means noise characterized by brief bursts (usually less than one second in duration) of sound pressure which exceed the sound pressure of the ambient environment by more than 10 dB(A).
(J) “Noise disturbance” means any sound that annoys or disturbs a reasonable person with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person.
(K) “Noise” means any sound that is unwanted by another person.
(L) “Plainly audible noise” means any noise for which the information content of that noise is unambiguously transferred to the listener, including, but not limited to, the understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
(M) “Property boundary” means the imaginary line at the ground surface and its vertical extension that separates the real property owned by one person from that owned by another person.
(N) “Repetitive impulsive noise” means any noise that is composed of impulsive noises that are repeated at sufficiently slow rates such that the sound level meter set at “fast” meter characteristic will show changes in sound pressure level greater than 10 dB(A).
(O) “Sound” means a temporal and spatial oscillation in pressure, or other physical quantity with interval forces that causes compression and rarefaction of the medium, and that propagates at finite speed to distant points.
(P) “Sound level meter” means an instrument, approved for use by the City, that measures sound pressure levels.
(Q) “Sound pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space due to sound.
(R) “Sound pressure level” is calculated by a well established scientific formula and is measured in decibels (dB). Sound pressure level is the measurement of the effective pressure of a sound relative to the threshold of human hearing. The lowest sound pressure level is zero db. The sound pressure level that causes pain to the human ear, also known as the pain threshold, is approximately 130 dB.
(S) “Stationary noise source” means any device, fixed or movable, that is located or used on property other than a public right-of-way. [Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.030 Specific noise prohibitions during specific hours.
The following acts are in violation of this chapter if they occur between the hours of 10:00 p.m. and 7:00 a.m. and are plainly audible at the property boundary of the source. On Friday or Saturday evenings, the hours shall begin at 11:00 p.m. A permit or waiver may be obtained to allow relief from the noise restrictions in this chapter, as provided in SMC 6.40.080.
(A) Horns and Signaling Devices. The sounding of any horn or signaling device on any truck, automobile, motorcycle or other vehicle, except as a danger warning signal as provided in the motor vehicle code of the state of Utah, or the sounding of any such signaling device for an unnecessary and unreasonable period of time.
(B) Amplified Sound. The use or operation of a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle for the purposes of commercial advertising, giving instructions, directions, talks, addresses, lectures, or the transmission of music or entertainment to any person or assemblage of persons.
(C) Loading Operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects or materials. If loading operations are greater than 200 feet from a residential use, then loading operations may begin at 6:00 a.m.
(D) Construction Work. Operating, or causing to be used or operated, any equipment, machinery or vehicle used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, unless otherwise provided for by law.
(1) Construction work may begin at 6:00 a.m.;
(2) Construction operation may not exceed the sound level limits for an industrial zone;
(3) Certain state transportation projects are exempt from this subsection as provided in Section 72-6-112.5, Utah Code Annotated 1953; and
(4) Exceptions to this subsection may be authorized by the Public Works Director for roadway or infrastructure construction during the nighttime, in order to minimize impacts, or to increase safety to the general public, businesses, and construction workers. Measures shall be identified by the Director to minimize noise levels, their duration, and their placement, particularly considering the proximity of construction to homes.
(E) Domestic Power Equipment. Operating or permitting to be operated any power equipment rated five horsepower or greater, used for home or building repair, grounds maintenance, or residential power generation, including, but not limited to, power saws, sanders, lawnmowers, garden equipment, snow removal equipment, or any power equipment which emits a sound pressure level in excess of 74 dB(A) measured at a distance of 50 feet.
(1) Snow removal equipment may be used beginning at 5:00 a.m. on mornings following snow accumulations.
(2) Use of residential power generator equipment during a power outage shall not constitute a violation of this chapter, so long as the sound pressure level does not exceed 80 dB(A), measured at a distance of 50 feet.
(F) Commercial Power Equipment. Operating, or permitting to be operated, any power equipment, except construction equipment used for construction activities, rated more than five horsepower including, but not limited to, chain saws, pavement breakers, chippers or powered hand tools, if such equipment emits a sound pressure level in excess of 82 dB(A) measured at a distance of 50 feet from the source.
(G) Powered Model Mechanical Devices. Flying a model aircraft, car, boat, drone, or other such device powered by an internal combustion engine, whether tethered or not, or the firing or the operation of model rocket vehicles or other similar noise-producing devices.
(H) Garbage Trucks and Compactors. The operation or use of a garbage truck or refuse compacting vehicle that creates a sound pressure level in excess of 74 dB(A) at 50 feet, except that garbage collection may begin at 6:00 a.m.
(I) Bells and Alarms. Sounding, operating or permitting the sounding or operation of an electronically amplified signal from any burglar alarm, bell, chime or clock for longer than five minutes in any hour.
(J) Fixed Siren, Whistles and Horns. Sounding or causing the sounding of any whistle, horn or siren as a signal for commencing or suspending work or for any other purpose except as a sound signal of imminent danger, for longer than five minutes in any hour.
(K) All-Terrain Vehicles and Snowmobiles. Operating an all-terrain vehicle or snowmobile, except as necessary for active agricultural operations in the A-1 or R-1 zones. In no event may an all-terrain vehicle or snowmobile produce sound exceeding 82 dB(A) at 50 feet from the source. [Ord. 24-30 § 1; Ord. 22-01 § 1 (Exh. A); Ord. 18-15 Exh. A.]
6.40.040 Use district noise levels.
(A) For purposes of this section, “offensive sound” means any sound that exceeds the limits set forth in subsection (B) of this section at least three times in a five-minute period.
(B) It shall be a violation of this chapter for any person to operate or permit the operation of any stationary source of continuous or offensive sound that exceeds the limits set forth for the following zones when measured at the boundary or at any point within a property that is affected by the noise:
|
Zone Affected |
Su – Th: 10:00 p.m. – 7:00 a.m. Fr – Sa: 11:00 p.m. – 7:00 a.m. |
Su – Th: 7:00 a.m. – 10:00 p.m. Fr – Sa: 7:00 a.m. – 11:00 p.m. |
|---|---|---|
|
Residential and Agricultural |
50 dB(A) |
60 dB(A) |
|
Commercial/Professional |
55 dB(A) |
60 dB(A) |
|
Industrial |
75 dB(A) |
80 dB(A) |
(C) If a noise source is identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories.
(D) If a stationary sound emits a cyclically varying sound, or repetitive impulsive noise, the limits set forth in subsection (B) of this section shall be reduced by five dB(A).
(E) Specific noise or sound pressure levels provided for in other sections of this chapter shall override the general levels provided in this section.
Figure 1 – This table is provided as a reference only – actual decibel readings vary depending upon amplitude and distance.
[Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.050 Sound level measurement.
(A) Sound level measurements shall be made with a sound level meter on devices approved by the City.
(B) Measurements shall be taken on a “per occurrence” basis unless otherwise specified herein.
(C) The measurement period shall be at least five minutes. [Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.060 Exemptions.
The following are exempt from noise level regulations:
(A) Noise and safety signals, warning devices and emergency pressure relief valves;
(B) Noise resulting from any authorized emergency vehicle when responding to an emergency call or in time of emergency;
(C) Noise resulting from snowplows engaged in snow removal activities; except as provided in subsection (E) of this section, snow removal activities do not include salt, sand, or other material loading or snowplow equipment preparation;
(D) Noise resulting from emergency work;
(E) Noise resulting from operations at a City public works facility related to necessary preparation of construction materials, snow removal equipment, or other critical functions;
(F) Noise resulting from lawful fireworks and noisemakers used for an official holiday or any other celebration which is permitted by Utah State law;
(G) Unamplified human voices between the hours of 7:00 a.m. and 9:00 p.m.;
(H) Routine or customary ringing of bells or chimes by places of worship or government facilities;
(I) Any noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved by the City;
(J) Trains or aircraft operating pursuant to applicable regulations;
(K) Sporting events at City or school district facilities;
(L) Agricultural operations in A-1 or R-1 zones; and
(M) Ordinary engine noises associated with the warming of vehicles in winter months or the idling of vehicles necessary to maintain refrigeration or air conditioning inside of the vehicle or a trailer. [Ord. 24-30 § 1; Ord. 23-06 § 1 (Exh. A); Ord. 18-15 Exh. A.]
6.40.070 Noises governed by other laws.
The following are regulated by other laws, and are not specifically governed by this chapter:
(A) The discharge of fireworks, which is governed by the Utah Fireworks Act.
(B) Animal nuisances, which are governed by Davis County Code.
(C) Dynamic braking devices, which are governed by Chapter 11.15 SMC. [Ord. 24-30 § 1; Ord. 22-01 § 1 (Exh. A); Ord. 18-15 Exh. A.]
6.40.080 Permits.
(A) The City may permit a waiver of the requirements of this chapter for a temporary event, or on a long-term basis due to undue hardship.
(B) Waivers for temporary events shall be obtained from the Director of Community and Economic Development, who may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon a community or the surrounding neighborhood, including a requirement of notice of the event.
(C) Waivers for undue hardship shall be considered by the City Council, after conducting a public hearing on the issue. Neighbors within 300 feet of the proposed location of the waiver shall be notified of the hearing. The City Council may impose reasonable requirements or conditions to minimize the adverse effects upon the community or the surrounding neighborhood. [Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.090 Criminal violation – Penalty.
(A) A criminal violation of this chapter is an infraction.
(B) A subsequent criminal violation of this chapter committed within one year of a prior conviction is a Class C misdemeanor. [Ord. 24-30 § 1; Ord. 18-15 Exh. A.]
6.40.100 Civil violation – Penalty.
In lieu of criminal proceedings, the City may address any violation of this chapter by issuing a civil citation with or without first issuing a notice of violation. Fines shall be established by the City Council. Individuals and business entities to whom civil citations are issued shall, within 20 days of the date of the citation, either pay the fine or file an appeal pursuant to SMC 6.05.110. [Ord. 24-30 § 1.]