Chapter
20
NOISE[1]
Sec.
20-1. Declaration of policy.
It
is hereby declared to be the policy of the city to prohibit unnecessary,
excessive and annoying noises from all sources subject to its police power. At
certain levels noises are detrimental to the health and welfare of the
citizenry and in the public interests shall be systematically proscribed.
(Code 1967, § 19A-l)
Sec.
20-2. Definitions.
The
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
“A” band level means the total sound
level of all noise as measured with a sound level meter using A-weighting
network. The unit is the dB(A).
Ambient noise means the all-encompassing noise
associated with a given environment, being usually a composite of sounds from
many sources, near and far. For the
purpose of this chapter, ambient noise level is the level obtained when the
noise level is averaged over a period of fifteen (15) minutes without inclusion
of noise from isolated identifiable sources, at the location and time of day
near that at which a comparison is to be made.
Averaging may be done by instrumental analysis in accordance with
American National Standard S. 13-1971, or may be done manually as follows:
(1) Observe a sound level meter for five (5)
seconds and record the best estimate of central tendency of the indicator
needle, and the highest and lowest indications.
(2) Repeat the observations as many times as
necessary to ensure that observations are made at the beginning and the end of
the fifteen (15) minute averaging period and that there are at least as many
additional observations as there are decibels between the highest high
indication and the lowest low indication.
(3) Calculate the arithmetical average of the
observed central tendency indications.
Decibel means a sound pressure that is twenty
(20) times the logarithm to the base 10 of the ratio of the pressure of sound
to the reference pressure, 2 ´ 10—5
Newton/meter2.
Emergency work means work made necessary to restore
property to a safe condition following a public calamity or work required to
protect the health, safety or welfare of persons or property or work by private
or public utilities when restoring utility service.
Frequency. “Frequency” of a function periodic in
time shall mean the reciprocal of the primitive period. The unit is the hertz
and shall be specified.
Impulse noise means a noise of short duration, usually
less than one second, with an abrupt onset and rapid decay.
Microbar means a unit of pressure commonly used in
acoustics and is equal to one dyne per square centimeter.
Motor vehicles means any self-propelled vehicle operated
within the city, including but not limited to licensed or unlicensed vehicles,
automobiles, minibikes, go-carts and motorcycles.
Period. “Period” of a periodic quantity shall
mean the smallest increment of time for which the function repeats itself.
Periodic quantity means oscillating quantity, the values of
which recur for equal increments of time.
Pure tone noise means any noise which is distinctly
audible as a single pitch (frequency) or set of pitches as determined by the
enforcement officer.
Sound level. “Sound level” (noise level), in decibels
(dB) is the sound measured with the A - weighting and slow response by a sound
level meter.
Sound level meter means an instrument including a
microphone, an amplifier, an output meter, and frequency weighting networks for
the measurement of sound levels which satisfies the pertinent requirements in
American Standard Specifications for Sound Level Meters S1.4-1971 or the most
recent revision thereof.
(Code 1967, § 19A-2; Ord. No. 2000.01,
1-20-00)
Sec.
20-3. Violation established.
Any
person violating any of the provisions of this chapter is in violation of the
ordinances of the city and is subject to enforcement action pursuant to the
provisions of this chapter
(Code 1967, § 19A-11; Ord. No. 2000.01,
1-20-00)
Sec.
20-4. Exemptions.
The
following uses and activities shall be exempt from noise level regulations:
(1) Air-conditioning equipment when it is
functioning in accord with manufacturer's specifications and is in proper
operating condition provided that no unit may cause the noise level measured
inside any sleeping or living room inside any dwelling unit to exceed
forty-five (45) dB(A) between the hours of 10:00 p.m. and 7:00 a.m., nor
fifty-five (55) dB(A) between the hours of 7:00 a.m. and 10:00 p.m.;
(2) Lawn maintenance equipment when it is
functioning in accord with manufacturer's specifications and with all mufflers
and noise-reducing equipment in use and in proper operating condition;
(3) Nonamplified noises resulting from the
activities such as those planned by school, governmental or community groups;
(4) Noises of safety signals, warning devices
and emergency pressure relief valves;
(5) Noises resulting from any authorized
emergency vehicle when responding to an emergency call or acting in time of
emergency;
(6) Noises resulting from emergency work as
defined in § 20-2;
(7) All noises coming from the normal
operations of railroad trains;
(8) Noises of church chimes; and
(9) Power plant equipment during normal
operation provided that no plant equipment may cause the noise level measured
inside any sleeping or living room inside any residential dwelling unit to
exceed forty-five (45) dB(A) between the hours of 10:00 p.m. and 7:00 a.m., nor
fifty-five (55) dB(A) between the hours of 7:00 a.m. and 10:00 p.m.
(Code
1967, § 19A-10; Ord. No. 2000.01, 01-20-00)
Sec.
20-5. Measurement criteria.
For
the purpose of enforcement of the provisions of this chapter, noise level shall
be measured on the A-weighted scale with a sound level meter satisfying at
least the applicable requirement for Type 1 sound-level meters as defined in
American National Standard S 1.4-1971 or the most recent revisions thereof. The
meter shall be set for slow response speed, except that for impulse noises or
rapidly varying sound levels, fast response speed may be used. Prior to
measurement, the meter shall be verified, and adjusted to ± 0.3 decibel by
means of an acoustical calibrator.
(Code 1967, § 19A-3)
Sec.
20-6. Allowable noise levels.
(a) It is unlawful for any person to create any
noise which would cause the noise level measured at either the property line or
the area of the property affected by the noise emission to exceed the following
community noise standards:
Noise
Standard
Zone Time dB(A)
Residential
10:00 p.m. — 7:00 a.m. 45
7:00
a.m. — 10:00 p.m. 55
Commercial 10:00 p.m. — 7:00 a.m. 55
7:00
a.m. — 10:00 p.m. 65
Industrial 10:00 p.m. — 7:00 a.m. 60
7:00
a.m. — 10:00 p.m. 70
(b) If the measurement location is on a
boundary between two (2) zoning districts, the lower noise standard shall
apply.
(c) If the ambient noise level in a residential
zoned location is measured and found to be forty (40) dB(A) or less between the
hours of 10:00 p.m. and 7:00 a.m., then the actual ambient noise level will be
community noise standard.
(d) If the ambient noise level in any zoning
district is measured and found at any time to be in excess of the community
noise standards described in subsection (a) of this section, then the actual
ambient noise level will be the community noise standard.
(e) A noise level which exceeds the community
noise standard by five (5) dB(A) or more, when measured at the affected area,
the nearest property line, or, in the case of multiple-family residential
buildings, when measured anywhere in one dwelling unit with respect to a noise
emanating from another dwelling unit or from common space in the same building,
shall be deemed a prima facie violation of this chapter.
(Code 1967, § 19A-4, Ord. No. 2000.01,
1-20-00)
Sec.
20-7. Special noise sources.
(a) It shall be 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 a manner as to disturb the peace,
quiet and comfort of neighboring residents or any reasonable person of normal
sensitiveness residing in the area. Any
noise level exceeding the community noise standard at either the property line
or the affected area of any property (or, if a condominium or apartment house,
within any adjoining apartment) by more than five (5) decibels shall be deemed
to be prima facie evidence of a violation of the provisions of this section.
(b) It shall be unlawful for any person to
operate any machinery, equipment, pump, fan or similar mechanical device in
such a manner as to disturb the peace, quiet and comfort of neighboring
residents or any reasonable person of normal sensitiveness residing in the
area. Any noise which would cause the
noise level at either the property line or the affected area of any property to
exceed the applicable community noise standard by more than five (5) decibels
shall be deemed to be a prima facie evidence of a violation of the provisions
of this section.
(c) It shall be 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 hospital, which noise unreasonably interferes with the workings of such
institution or which disturbs or unduly annoys patients in the hospital;
provided that conspicuous signs are displayed in such streets, sidewalk or
public place indicating the presence of a school, church or hospital.
(Code 1967, § 19A-5; Ord. No. 2000.01, 1-20-00)
Sec.
20-8. Construction of buildings and
projects.
(a) General
provisions. It shall be unlawful for
any person to operate equipment or perform any outside construction or repair
work on buildings, structures or projects, or to operate any pile driver, power
shovel, pneumatic hammer, derrick, power hoist or any other construction-type
device, except within the time periods specified herein, or if the noise level
created thereby is in excess of the applicable community noise standard by five
(5) dB(A) at either the nearest property line or the affected area of the
property unless written authorization has been obtained before hand from the
city manager or his duly authorized representative.
(b) Start/Stop
Times:
(1) Concrete. From April 15 to October 15 inclusive,
concrete may be poured, and concrete mixing trucks may be idled, each day
between the hours of 5:00 a.m. and 7:00 p.m. or at such other times pursuant to
written authorization. From October 16
to April 14 inclusive, concrete may be poured, and concrete mixing trucks may
be idled, each day between the hours of 6:00 a.m. to 7:00 p.m. or at such times
pursuant to written authorization.
(2) All
other construction/residential zones in or within five hundred (500) feet. From April 15 to October 15 inclusive, all
other construction or repair work shall not begin prior to 6:00 a.m. and must
stop by 7:00 p.m. each day in or within five hundred (500) feet of a residential
zone or at such other times pursuant to written authorization. From October 16 to April 14 inclusive, all
other construction or repair work shall not begin prior to 7:00 a.m. and must
stop by 7:00 p.m. each day in or within five hundred (500) feet of a
residential zone or at such other times pursuant to written authorization.
(3) Commercial
and industrial zones. Construction
and repair work in commercial and industrial zones not within five hundred
(500) feet of a residential zone shall not begin prior to 5:00 a.m. and must
stop by 7:00 p.m. or it may be conducted at such other times pursuant to
written authorization.
(c) Weekends
and holidays excluded.
Notwithstanding the foregoing, construction or repair work shall not
begin prior to 7:00 a.m. and must stop by 7:00 p.m. and concrete pouring should
not begin prior to 6:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday
or holiday, unless such other times are allowed by written authorization.
(d) Written
authorization. Construction and
repair work may be conducted at different times and at higher noise levels than
otherwise permitted herein if written authorization is obtained before hand
from the city manager or his authorized representative. In granting such authorization, the city manager
or his authorized representative shall consider if construction noise in the
vicinity of the proposed work site would be less objectionable at night than
during the daytime because of different population levels or different
neighboring activities; if obstruction and interference with traffic,
particularly on streets of major importance, would be less objectionable at
night than during the daytime; if the kind of work to be performed emits noises
at such a low level as to not cause significant disturbance in the vicinity of
the work site; if the neighborhood of the proposed work site is primarily
residential in character wherein sleep could be disturbed; if great economic
hardship would occur if the work was spread over a longer time; if the work will
abate or prevent hazard to life or property; if the proposed early morning or
night work is in the general public interest, and he shall prescribe such
conditions, working times, types of construction equipment to be used and
permissible noise emissions as he deems to be required in the public
interest. No written authorization shall
be required to perform emergency work as defined in § 20-2.
(e) Revocation
of written authorization; appeal.
The city manager or his authorized representative may revoke any written
authorization granted hereunder upon complaints based upon substantial evidence
that the construction activity causes significant disturbance in the vicinity
of the work site. Any person aggrieved
by the granting of written authorization or the refusal to grant written
authorization by the city manager or his authorized representative may appeal
the decision to the city council who shall hear such appeal at the next
regularly scheduled meeting of the city council.
(f) Stop
orders. Whenever any work on a
construction project is in violation of the provisions of this section, the
development services manager or his authorized representative, or, in the case
of public works projects, the public works manager or his authorized
representative, may order the construction project stopped by notice in writing
served on any persons responsible for the project, and any such persons shall
forthwith stop work on the project until authorized by the development services
manager or the public works manager to proceed with such work.
(Code 1967, § 19A-6; Ord. No. 696.3,
6-20-85; Ord. No. 86.46, § 1, 6-19-86; Ord. No. 2000.01, 1-20-00; Ord. No.
2001.17, 7-26-01)
Sec.
20-9. Vehicles.
(a) It shall be 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 the
area is caused discomfort or annoyance.
(b) No person shall operate either a motor
vehicle or combination of vehicles at any time or under any condition of grade,
load, acceleration or deceleration in such a manner as to exceed the following
noise limit of the category of motor vehicle based on a distance of fifty (50)
feet from the center of the lane or travel within the speed limits specified in
this section:
Speed
limit Speed limit
of
35 mph of more
or
less than
35 mph
(1) Any motor vehicle with a
manufacturer's
gross vehicle
weight
rating of 6,000 pounds
or
more, any combination of
vehicles
towed by such motor
vehicle,
and any motor-cycle
other
than a motor-driven cycle. . . . . . . . . . . 88
dB(A) 92-dB(A)
Speed
limit Speed limit
of
35 mph of more
or
less than
35 mph
(2) Any
other motor vehicle and any combination
of
vehicles towed by such motor vehicles. . . . . . 82 dB(A) 86
dB(A)
(Code 1967, § 19A-7)
Sec.
20-10. Aircraft.
(a) It will be unlawful for any person to
operate or cause to be operated any type of aircraft which produces a noise
level exceeding 86 dB(A) within the city.
(b) Any aircraft operated in conformity with,
or pursuant to, federal law, federal air regulations and air traffic control
instruction used pursuant to and within the duly adopted federal air
regulations shall be exempt from the provisions of subsection (a) of this
section as well as the other regulations of this chapter. Any aircraft operating under technical
difficulties, in any kind of distress, under emergency orders of air traffic
control or being operated pursuant to and subsequent to the declaration of an
emergency under federal air regulations shall also be exempt from the
provisions of subsection (a) of this section as well as the other regulations
of this chapter.
(Code 1967, § 19A-8)
Sec.
20-11. Unnecessary noise.
(a) Notwithstanding any other provision of this
chapter, and in addition thereto, it shall be unlawful for any person without
justification to make or continue, or cause or permit to be made or continued,
any unnecessary, excessive or offensive 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.
(b) The factors which will be considered in
determining whether a violation of the provisions of this section exists will
include, but not be limited to, the following:
(1) The volume of 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;
(12) Whether the noise is produced by a commercial
or noncommercial activity;
(13) Whether it is a pure tone noise; or
(14) Whether it is an impulse noise.
(Code 1967, § 19A-9; Ord. No. 2000.01,
1-20-99)
Sec.
20-12. Commencement of action, citation,
contents.
An action under this chapter shall be commenced by delivering a citation to the occupant of the property where the violation has occurred, the owner of record, or any person responsible for the violation.
(Ord. No. 2000.01, 1-20-00; Ord. No. 2000.13, 3-30-00; Ord. No. 2001.17,
7-26-01; Ord. No. 2002.35, 8-8-02)
Sec. 20-13.
Repealed.
(Ord. No. 2000.01, 1-20-00; Ord. No. 2000.13, 3-30-00; Ord. No. 2002.35, 8-8-02)
Sec. 20-14.
Repealed.
(Ord. No. 2000.01,
1-20-00; Ord. No. 2000.13, 3-30-00; Ord. No. 2001.17, 7-26-01; Ord. No.
2002.35, 8-8-02)
Sec. 20-15. Civil
fines and penalties imposed.
(a) The civil fine/penalty for violating any
provision of this chapter shall be not less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000).
(b) In addition to the amount of the fine
imposed under subsection (a) above, there is imposed a default penalty in the
amount of fifty dollars ($50) should the defendant fail to appear and answer
for a violation of this chapter within the time period stated on the citation
or fails to appear at the time and place set by the court for a matter arising
under this chapter.
(c) The
court may enforce collection of delinquent fines, fees, reinspection fees, and
penalties as may be provided by law. In
addition, any judgment for a civil sanction imposed pursuant to this code shall
constitute a lien against the real property of the owner of the property where
the violation occurred. The lien may be
perfected by recording a copy of the judgment under seal of the City of
(Ord. No. 2000.01,
1-20-00)
Sec. 20-16.
Repealed.
(Ord. No. 2000.01,
1-20-00; Ord. No. 2000.13, 3-30-00; Ord. No. 2002.35, 8-8-02)
Sec. 20-17. Each
day separate violations.
Each day that a violation of this
chapter is permitted to continue or occur by the defendant shall constitute a
separate offense subject to separate citation pursuant to the provisions of
this chapter.
(Ord. No. 2000.01,
1-20-00)
Sec. 20-18.
Habitual offender.
A person who commits a violation of
this chapter after having previously been found responsible by the court on
three (3) separate occasions for committing a civil violation of this chapter
within a twenty-four (24) month period, whether by admission, by payment of the
fine, by default, or by judgment after hearing, shall be charged with a
criminal misdemeanor pursuant to the general penalties provision of § 1-7. The
(Ord. No. 2000.01,
1-20-00)
Sec. 20-19.
Nuisance abatement; additional remedy.
In addition to or in lieu of filing a
civil citation or criminal complaint, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision of this
chapter, which operation or maintenance causes discomfort or annoyance to
reasonable persons of normal sensitivity or which endangers the comfort,
repose, health or peace of residents in the area, shall be deemed and is
declared to be a nuisance and shall be subject to abatement as set forth in
chapter 21 of this code.
(Ord. No. 2000.01,
1-20-00)