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ARTICLE 8.05 NOISE
Sec. 8.05.001 Definitions
Daytime hours. From 7:00 a.m. on one day until 10:59 9:59 p.m. the same day.
dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.
Emergency. Any occurrence or a set of circumstances involving actual or imminent physical trauma or property damage or loss which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage or loss threatened or caused by an emergency, or which is otherwise necessary to restore property to a safe condition following a fire, accident, or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities.
Nighttime hours, SUNDAY THROUGH THURSDAY. From 11:00 10:00 P.M. on one day until 6:59 a.m. 10:59 P.M. the following SAME day.
Nighttime Hours, FRIDAY THROUGH SATURDAY. From 11:00 10:00 P.M. on one day until 6:59 am. 11:59 P.M. the following SAME day.
Nonresidential property. Any real property within the city limits which is not residential property, as defined in this section.
Person. Any individual, association, partnership, corporation, or other entity.
PROPERTY. ANY REAL PROPERTY WITHIN THE CITY LIMITS.
Property line. The line along the ground surface, and its vertical extension, which separates the real property owned, leased, or occupied by one person from that owned, leased, or occupied by any other person; or the imaginary line which represents the legal limits of property of any person who owns, leases, or otherwise occupies an apartment, condominium, hotel or motel room, office, or any other type of occupancy.
Public right-of-way. Any street, avenue, boulevard, highway, road, thoroughfare, PUBLIC sidewalk, alley or any other property which is owned or controlled by a governmental entity AND IS USED FOR A PUBLIC TRANSPORTATION PURPOSE.
QUIET HOURS, SUNDAY THROUGH THURSDAY. FROM 11:00 P.M. ON ONE DAY UNTIL 6:59 A.M. THE NEXT DAY.
QUIET HOURS, FRIDAY THROUGH SATURDAY. FROM 12:00 A.M. ON ONE DAY UNTIL 6:59 A.M. THE SAME DAY.
Residential property. Any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless premises are actually occupied and used primarily for purposes other than human habitation.
Sound nuisance. Any sound which either exceeds the maximum permitted sound levels specified in section 8.05.003 or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of persons with ordinary sensibilities within the city limits.
(1991 Code, sec. 6.401)
Sec. 8.05.002 Applicability
This article shall apply to noise nuisances within the city’s corporate limits. and within 5,000 feet thereof.
(1991 Code, sec. 6.402)
Sec. 8.05.003 Maximum permissible sound levels
(a) No person shall conduct, permit, or allow any activity or sound source to produce a sound beyond the property lines of the property on which the sound source is located, BEYOND THE POINT OF MEASUREMENT AS DEFINED IN 8.05.003 (b), property lines of the property on which the sound source is located that exceeds the applicable dB(A) level listed below:
(1) Residential property.
(A1) 90 dB(A) during daytime hours.
(B2) 85 80 dB(A) during nighttime hours.
(3) 65 dB(A) during quiet hours.
(2) Non residential property. 90 db(A) during either daytime or nighttime hours.
(b) The dB(A) levels set forth in this section apply to the property where the sound is being received GENERATED. Any sound that, when IS measured at any point on the property where the sound is being received, WITHIN THE NEAREST PUBLIC RIGHT-OF-WAY IN PROXIMITY TO WHERE THE SOUND IS BEING GENERATED, exceeds the dB(A) levels set forth in this section is a violation of this article.
(1991 Code, sec. 6.403)
Sec. 8.05.004 General prohibition; enumeration of nuisances
(a) It shall be unlawful for any person to make, assist in making, permit, continue, or cause to be made or continued any sound which either exceeds the maximum permitted sound levels specified in section 8.05.003. or otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of person of ordinary sensibilities within the limits of the city.
(b) The acts enumerated in the following subsections, among others, are declared to be sound nuisances which are unreasonably loud, irritating, disturbing, or excessive in violation of this article, but such enumeration shall not be deemed to be exclusive:
(1) Playing of radios, phonographs, etc. PLAYING OF RADIOS, SOUND SYSTEM, ETC. The playing, using, or operating of or permitting to be played, used or operated any radio receiving set, television set, musical instrument, SOUND SYSTEM, phonograph, 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 persons of ordinary sensibilities, or at any time with louder volume than is necessary for convenient hearing for persons who are in the building, structure, vehicle, or area in which such machine or device is operated and who are voluntary listeners thereto, is hereby prohibited. The operation of any such set, instrument, phonograph, SOUND SYSTEM, machine or device during DAYTIME, nighttime, OR QUIET hours in such a manner as to be plainly audible off the property line or at a distance of 50 feet or more from the building, structure, vehicle, or area in which it is located IN EXCESS OF THE STANDARDS SET FORTH IN SECTION 8.05.003 shall be prima facie evidence of a violation of this subsection.
(2) Use of radios, phonographs, etc., for advertising without a permit. USE OF RADIOS, SOUND SYSTEM, ETC., FOR ADVERTISING WITHOUT PERMIT. The playing, using or operating of or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, SOUND SYSTEM, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is hereby prohibited without first obtaining a permit pursuant to section 8.05.008.
(3) Use of loudspeakers and amplifiers on vehicles without a permit. USE OF LOUDSPEAKERS AND AMPLIFIERS ON VEHICLES WITHOUT PERMIT.
(A) The production or reproduction of sound from stereo or amplification equipment contained in or mounted on a motor vehicle that produces sound which is cast upon the public streets for the purpose of commercial advertising in excess of the limits set forth in section 8.05.003, when measured at least 30 feet from the nearest external point on the vehicle, is hereby prohibited without first obtaining a permit pursuant to section 8.05.008.
(B) No permit shall be issued that allows the playing or operating of any loudspeaker or amplifier on any vehicle between the hours of 8:00 p.m. and 9:00 a.m. the following day on any weekday or Saturday or between 9:00 a.m. and 1:00 p.m. on Sunday.
(4) Sounding of vehicle horn or signaling device. SOUNDING OF VEHICLE HORN OR SIGNALING DEVICE. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; and the use of any horn, whistle or other device operated by engine exhaust are hereby declared to be unlawful.
(5) Noise Vehicles. NOISY VEHICLES. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner so as to create loud and unreasonable grating, grinding, rattling or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(1991 Code, sec. 6.404)
Sec. 8.05.005 Exceptions
The following are exceptions and are therefore deemed not to be a violation under this article:
(1) The emission of any sound to alert persons to the existence of an emergency, danger or attempted crime.
(2) The sound produced by an authorized emergency vehicle.
(3) The sound produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger.
(4) The sound generated:
(A) At a lawfully scheduled stadium (E.G. A FOOTBALL FIELD INCLUDING ITS OBSERVING STANDS/ SEATING AREAS AND ASSOCIATED OPERATIONAL AREAS) event;
(B) By a parade and spectators and participants on the parade route during a permitted parade;
(C) By spectators and participants at a lawfully scheduled amphitheater event;
(D) By spectators and participants of any outdoor event, fun run, race, festival, or concert which was sponsored, cosponsored, or permitted (AS AN EXAMPLE, THOSE PERMITTED BY A FESTIVAL, SPECIAL EVENT & PARADE APPLICATION) by the city; or
(E) By a governmental entity.
(5) The sound produced by the erection, excavation, construction, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in any such activity conducted during daytime hours and which activity did not produce a sound exceeding 85 dB(A) when measured from any point on the property line of the nearest residential property where the sound is being received.
(6) The sound produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.
(7) The sound produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used for the maintenance or upkeep of the property between the hours of 7:00 a.m. and 10:00 p.m.
(8) The sound generated as authorized under the terms of a permit issued under section 8.05.008.
(9) The sound produced by the operation of any air conditioning unit.
(10) The sound produced by a motor carrier engaged in interstate commerce and subject to regulation by title 42, section 4917, of the United States Code.
(1991 Code, sec. 6.405)
Sec. 8.05.006 Method of sound measurement
(a) Whenever portions of this article prohibit sound over a certain decibel limit, measurement of said sound shall be made with a type 1 or type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.I. S1/4-1984/85A). Noise level shall be measured in decibels and A-weighted. The unit of measurement shall be designated as dB(A).
(b) Meters shall be maintained in calibration and good working order. Calibrations shall be employed which meet A.N.S.I. S1.40-1984 prior to and immediately after every sampling of sound. Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of said meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for said microphone shall be used.
(1991 Code, sec. 6.406)
Sec. 8.05.007 Enforcement responsibility
The police department shall have primary enforcement responsibility for the provisions of this article. (1991 Code, sec. 6.407)
Sec. 8.05.008 Permit
(a) Deadline to apply. DEADLINE TO APPLY. To apply for a permit to engage in any activity that creates a noise that would qualify as a nuisance under section 8.05.004(b), a person must apply in writing to the police department at least ten (10) calendar days prior to the requested issuance date and time, unless unforeseeable circumstances justify a shorter amount of time. (Ordinance 11-490, sec. 4, adopted 9/6/11)
(b) Application. APPLICATION. The application for a permit must:
(1) List the name, address, and daytime telephone number of the applicant;
(2) Specifically describe the type and duration of the noise, and the date and times the noise will occur;
(3) Specifically describe the reason for the noise level, the location of the noise, and the expected range and decibel level of the noise; and
(4) Contain, if different from the applicant, the name of the owner of the property on which the noise will occur and a written letter of permission from the owner and any tenants or other persons occupying the property from which the noise will occur.
(c) Filing Fee. FILING FEE. A filing fee must be submitted with the application for a permit, in an amount prescribed in the fee schedule in chapter 1, article 1.50 of this code.
(d) Grounds for grant or denial. GROUNDS FOR GRANT OR DENIAL. In determining whether to grant or deny the permit, the following factors shall be considered:
(1) The safety of the persons who will be subjected to the noise, whether voluntarily or involuntarily;
(2) The number of persons that will be involuntarily subjected to the noise;
(3) The probable amount of distress, discomfort, annoyance or injury to persons that will be involuntarily subjected to the noise;
(4) The reasonableness of the time, place, and manner of the noise and the duration of the noise; and
(5) Any other factors necessary to determine the impact on the public health and safety and the disruption of the peace that the noise may cause.
(e) Notice of decision to grant or deny. NOTICE OF DECISION TO GRANT OR DENY. At least five calendar days before the date and time that the applicant requested issuance of the permit, the applicant shall be notified at the applicant’s daytime telephone number and by regular U.S. mail of the decision either to grant or deny the permit. If the permit is denied, the reasons for the denial shall be stated in the notice to the applicant. If the permit is granted, reasonable time, place, and manner restrictions may be placed on the activity authorized by the permit.
(f) Appeal of denial. APPEAL OF DENIAL. Upon receiving notice of permit denial, the applicant may appeal the decision, including restrictions placed on the activity authorized by the permit, to the city manager or his designee. Within one working day of receiving the appeal, the city manager or designee shall consider the application, the basis of denial, or any restrictions placed on issuance of the permit. Based on the standards in subsection (d) above, the city manager or designee may uphold the decision to deny the permit, approve issuance of the permit as applied for, or modify restrictions placed on the permit. The city manager or designee shall notify the applicant at the applicant’s daytime telephone number and by regular U.S. mail of the final decision.
(g) Contents. CONTENTS. The permit shall specify at least the following:
(1) The date and time that the permit shall begin and end;
(2) The location from which the noise may emanate and the maximum boundaries to which the noise may extend;
(3) The maximum decibel level and Leq level allowed at the location of the noise;
(4) A description of the basic nature of the noise; and
(5) Who may make the noise.
(h) Display. DISPLAY. Upon receiving a permit, the applicant must display the permit in clear view at the location of the noise at all times during the commission of the noise.
(1991 Code, sec. 6.408)
Sec. 8.05.009 Penalty
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each continuing day’s violation under this article shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(1991 Code, sec. 6.409)