Chapter 9.60
NOISE
Sections:
9.60.020 Decibel measurement criteria.
9.60.030 Schools, clinics and churches.
9.60.040 Radios, television sets and similar devices.
9.60.050 Hawkers and peddlers.
9.60.060 Drums – Use restricted.
9.60.080 Machinery, equipment, fans and air-conditioning.
9.60.090 Construction of buildings and projects.
9.60.110 Additional regulations – Standards for determining violation.
9.60.120 Registration – Required.
9.60.130 Registration – Requirements and duties.
9.60.150 Regulation of sound-amplifying equipment.
9.60.170 Granting of variances.
9.60.190 Issuance of variances.
9.60.010 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the words and phrase used in this chapter are defined as follows:
(1) “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.
(2) “Ambient noise” means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.
(3) “Band-pressure level” of a sound for a specified frequency band means the sound-pressure level for the sound contained within the restricted band.
(4) “Commercial purpose” means and includes 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 any such sound equipment.
(5) “Cycle” means the complete sequence of values of a periodic quantity which occurs during a period.
(6) “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.
(7) “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.
(8) “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.
(9) “Microbar” means a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
(10) “Motor vehicles” includes, but is not limited to, minibikes and go-carts.
(11) “Noncommercial purpose” means the use, operation or maintenance of any sound equipment for other than a commercial purpose. “Noncommercial purpose” means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.
(12) “Period” of a periodic quantity means the smallest increment of time for which the function repeats itself.
(13) “Periodic quantity” means oscillating quantity, the values of which recur for equal increments of time.
(14) “Sound-amplifying equipment” means 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.
(15) “Sound analyzer” means a device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.
(16) “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.
(17) “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.
(18) “Sound truck” means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound-amplifying equipment.
(19) “Spectrum” of a function of time means a description of its resolution into components, each of a different frequency. (Ord. 692 Art. 1 § 1, 1982)
9.60.020 Decibel measurement criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of 0.002 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. 692 Art. 1 § 2, 1982)
9.60.030 Schools, clinics and churches.
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 clinic, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the clinic, provided conspicuous signs are displayed in such street, sidewalk or public place indicating the presence of a school, clinic or church. (Ord. 692 Art. 1 § 3, 1982)
9.60.040 Radios, television sets and similar devices.
(1) 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 manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.
(2) Prima Facie 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 is deemed to be prima facie evidence of a violation of the provisions of this section. (Ord. 692 Art. 2 § 1, 1982)
9.60.050 Hawkers and peddlers.
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. 692 Art. 2 § 2, 1982)
9.60.060 Drums – Use restricted.
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 has been otherwise duly authorized to engage in such conduct. (Ord. 692 Art. 2 § 3, 1982)
9.60.070 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, cry or behavior causes annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (Ord. 692 Art. 2 § 4, 1982)
9.60.080 Machinery, equipment, fans and air-conditioning.
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, 1250, 500, 1,000, 2,000, 4,000, and 8,000, and for the combined frequency bands, “A” band. (Ord. 692 Art. 2 § 5, 1982)
9.60.090 Construction of buildings and projects.
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 to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction-type device except to perform emergency work between the hours of 10:00 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. (Ord. 692 Art. 2 § 6, 1982)
9.60.100 Vehicle repairs.
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 10:00 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 that area is caused discomfort or annoyance. (Ord. 692 Art. 2 § 7, 1982)
9.60.110 Additional regulations – Standards for determining violation.
It is 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 or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists include, but are not 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 noncommercial activity. (Ord. 692 Art. 2 § 8, 1982)
9.60.120 Registration – Required.
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 this chapter. (Ord. 692 Art. 3 § 1, 1982)
9.60.130 Registration – Requirements and duties.
(1) Registration Statements – Filing. Every user of sound-amplifying equipment shall file a registration statement with the city clerk five days prior to the date on which the sound-amplifying equipment is intended to be used, which statement shall contain the following information:
(A) The name, address and telephone number of both the owner and 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.
(2) Registration Statements – Disapproval. In the event the registration statement is disapproved, the city clerk shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant. (Ord. 692 Art. 3 § 2, 1982)
9.60.140 Fees.
Prior to the issuance of the registration statement, a fee in the amount of $10.00 for 10 days or any portion thereof, or $25.00 for the entire sports fishing season for any year or 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. 692 Art. 3 § 3, 1982)
9.60.150 Regulation of sound-amplifying equipment.
The commercial and noncommercial use of sound-amplifying equipment is subject to the following regulations:
(1) The only sounds permitted shall be either music or human speech, or both.
(2) The operation of sound-amplifying equipment shall not occur between the hours of 10:00 p.m. and 7:00 a.m.
(3) No sound emanating from sound-amplifying equipment shall exceed 15 dbA above the ambient as measured at any property line.
(4) It is unlawful to operate any sound-amplifying equipment within 200 feet of churches, schools, clinics or city or county buildings.
(5) 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. 692 Art. 3 § 4, 1982)
9.60.160 Exempt sounds.
The following are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m.:
(1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes grounds or appurtenances;
(2) Sounds created by the discharge of firearms on authorized shooting ranges;
(3) Sounds created by blasting;
(4) Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;
(5) Sounds created by the installation or repair of essential utility services. (Ord. 692 Art. 4 § 1, 1982)
9.60.170 Granting of variances.
Variances may be granted to any person from any particular requirement of this chapter if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance reasonable in light of economic or physical factors, encroachment upon an existing noise source or because any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. (Ord. 692 Art. 5 § 1, 1982)
9.60.180 Implementations.
An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued. (Ord. 692 Art. 5 § 2, 1982)
9.60.190 Issuance of variances.
Variances shall be issued only upon application in writing and after providing such information as may be requested. No variance shall be issued for a period of more than 30 days except upon due notice to the public with opportunity to comment. Public hearings may be held when substantial public interest is shown at the discretion of the issuing agency, which shall be the city of Westport department of public works. (Ord. 692 Art. 5 § 3, 1982)
9.60.200 Sources of noise.
Sources of noise subject to this chapter upon which construction begins after the effective date hereof shall immediately comply with the requirements of this chapter except in extraordinary circumstances where overriding considerations of public interests dictate the issuance of a variance. (Ord. 692 Art. 5 § 4, 1982)
9.60.210 Violation – Penalty.
Violation of this chapter is a misdemeanor. The minimum fine for violation of any section is $100.00. (Ord. 692 Art. 6 § 1, 1982)