[Code 1975, § 15-30]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The all-encompassing noise level associated with a given
environment, being a composite of sounds from many distant, individually
indistinguishable sources, excluding the alleged offensive noise.
Any person who owns, controls, or occupies as a temporary
or permanent residence real property or any part thereof and notifies
the Noise Control Officer or other proper enforcement authority of
a possible violation of this article affecting such real property
and his enjoyment thereof.
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
The hours between 7:00 a.m. and 10:00 p.m.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10, of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "db."
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way.
Means, but is not limited to, power saws, drills, grinders,
lawn and garden tools and other domestic power equipment intended
for use in residential areas by a homeowner or other authorized person.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any motor vehicle authorized by the City to have sound warning
devices such as sirens and bells which can lawfully be used when responding
to an emergency.
Work made necessary to restore property to a safe condition
following an emergency, or work required to protect persons or property
from exposure to imminent danger.
Any sound, the intensity of which exceeds the standards set forth in Section 34-54 and Section 6-91(a)(2).
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not including motorcycles,
trailbikes or minibikes.
The hours between 10:00 p.m. and 7:00 a.m.
A municipal employee trained in the use of sound level meters.
This article shall normally be enforced by a police officer, but may
also be enforced by the Code Enforcement Officer during normal working
hours.
The sound pressure level as measured with a sound level meter
using either the A- or C-weighting network. The level so read is designated
db(A) or db(C).
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency, or political or
administrative subdivision of the state or other legal entity of any
kind.
Any building, structure, land or portion thereof, including
all appurtenances, and shall include yards, lots, courts, inner yards,
and real properties without buildings or improvements, owned or controlled
by a person.
That real or imaginary line along the ground surface and
its vertical extension which separates real property owned or controlled
by any person from contiguous real property owned or controlled by
another person, and which separates real property from the public
right-of-way. In situations involving multiple buildings on the same
lot, the property line shall be deemed to be the exterior walls. In
situations involving multiple occupancies within the same building,
the property line between individual units shall be deemed to be common
walls (including floors and ceilings).
Any internal combustion engine powered vehicle which is being
used for recreational purposes.
All residential zones specified in the City Zoning Ordinance
(suburban residential, general residential, and single-family residential).
The sound pressure level measured in decibels with a sound
level meter set for A-weighting or C-weighting; sound level is expressed
in db(A) or db(C).
An instrument for the measurement of sound levels conforming
to A.N.S.I. Type I or Type II standards.
The level of a sound measured in db units with a sound level
meter which has a uniform (flat) response over the band of frequencies
measured.
[Code 1975, § 15-21]
It is recognized that people have a right to and should be ensured
an environment free from excessive noise that may jeopardize their
health, safety or welfare or degrade the quality of life. This article
is enacted to protect, preserve and promote the health, safety, welfare
and quality of life for the citizens of the City through the reduction,
control and prevention of excessive noise.
[Code 1975, § 15-22]
It shall be unlawful for any person to emit or cause to be emitted
any noise beyond the boundaries of his premises in excess of the noise
levels established in this article.
[Code 1975, § 15-23]
Sound from any source controlled by this article shall not exceed
the following limits at the property line of the source:
|
7:00 a.m. through 10:00 p.m.
|
10:00 p.m. through 7:00 a.m.
| |||
|---|---|---|---|---|
|
Type of District
|
db(A)
|
db(C)
|
db(A)
|
db(C)
|
|
Industrial
|
70
|
82
|
60
|
72
|
|
Commercial
|
60
|
72
|
50
|
62
|
|
Residential
|
55
|
67
|
45
|
57
|
[Code 1975, § 15-24]
The noise level standards set out in Section 34-54 shall not apply to noise emitted by or related to:
(1)Â
Natural phenomena.
(2)Â
Any bell or chime from any building clock, school or church.
(3)Â
Any siren, whistle or bell lawfully used by emergency vehicles, or
any other alarm systems used in an emergency situation; provided,
however, that burglar alarms not terminating within 30 minutes after
being activated shall be unlawful.
(4)Â
Warning devices required by OSHA or other state or federal safety
regulations.
(5)Â
Farming equipment or farming activity.
[Code 1975, § 15-25; Ord. No. 2007.38, 6-19-2007]
The following shall be exempt from this article, subject to
special conditions spelled out:
(1)Â
Noise from domestic power equipment, such as but not limited to power
saws, sanders, grinders, lawn and garden tools or similar devices
operated during daytime hours.
(2)Â
The noises of safety signals, warning devices, emergency pressure
relief valves, and any other emergency activity.
(3)Â
Timber harvesting (falling trees and removing logs from the woods)
during daytime hours.
(4)Â
Noise generated by any construction or demolition equipment which
is operated during daytime hours and emergency construction or repair
work by the state or public utilities also is exempted.
(5)Â
Noise created by municipal vehicles in the removal of snow, debris
or refuse.
(6)Â
Noise created by any recreational activities which are permitted
by law and for which a license or permit has been granted by the City,
including, but not limited to, parades, sporting events, concerts,
and fireworks displays.
[Code 1975, § 15-26]
The following activities are specifically prohibited:
(1)Â
Animals and birds. Owning, possessing or harboring any animal or
bird which intermittently or continuously for 1/2 hour or more makes
sounds which disturb the peace and tranquility of a residential area,
or makes such sounds to the disturbance of any person residing in
such residential area, at any time of the day or night, regardless
of whether the animal or bird is situated on private property.
(2)Â
Motor vehicle noise, truck idling. No person shall operate an engineer
or any standing motor vehicle with a weight in excess of 10,000 pounds
manufacturer's gross vehicle weight for a period in excess of 15 minutes
within any hour during daytime hours and in excess of 15 minutes within
any eight-hour period during nighttime hours, when such vehicle is
parked on a residential premises or on a City street next to a residential
premises.
[1975, § 15-27]
For the purpose of determining noise levels as set forth in
this article, the following guidelines shall be applicable:
(1)Â
All personnel conducting sound measurements shall be trained in the
current techniques and principles of sound measuring equipment and
instrumentation.
(2)Â
Instruments used to determine sound level measurements shall conform
to the sound level meters as defined by this article. Specifically,
they shall be ANSI Type I or Type II meters.
(3)Â
The general steps listed below shall be followed when preparing to
take sound level measurements:
a.Â
The instrument manufacturer's specific instructions for the preparation
and use of the instrument shall be followed.
b.Â
The sound level meter shall be calibrated before and after each set
of measurements. The calibrator itself shall be recalibrated at least
once every year.
c.Â
When measurements are taken out of doors, a wind screen shall be
placed over the microphone of the sound level meter as per the manufacturer's
instructions. No sound level measurements, shall be taken at wind
speeds greater than 12 miles per hour.
d.Â
The sound level meter shall be placed as specified by the manufacturer's
instructions and at least four feet above the ground. It shall be
so placed as not to be interfered with by individuals conducting the
measurements.
e.Â
Sound measurements shall be taken at a point that is located at least
one foot beyond the property line of the emitter's premises and at
least one foot within the complaining receptor's (complainant's) premises.
[Code 1975, § 15-28]
(a)Â
For the purpose of determining compliance with the provisions of
this article, the Noise Control Officer, upon complaint, is authorized
to make tests whenever necessary to determine the level of noise.
(b)Â
No person shall hinder, obstruct, delay, resist, prevent in any way,
interfere or attempt to interfere with any authorized person while
in the performance of his duties under this article.
[Code 1975, § 15-29]
(a)Â
The Noise Control Officer is directed to enforce the provisions of this article and is hereby authorized to and may arrest or summons any person when he has reasonable cause to believe that such person has violated this article. Such person may only be summonsed or arrested if he has previously received written notice of an initial violation of this article in accordance with Subsections (c) and (d) of this section.
(b)Â
No person shall interfere with, oppose or resist any authorized person
charged with the enforcement of this article while such person is
engaged in the performance of his duty.
(c)Â
Violations of this article shall be prosecuted in the same manner
as other violations, provided, however, that in the event of an initial
violation of the provisions of this article, a written notice shall
be given the alleged violator which specifies the time by which the
condition shall be corrected. No complaint or further action shall
be taken if the cause of the violation has been removed or the condition
abated or fully corrected within the time period specified in the
written notice.
(d)Â
If the alleged violator cannot be located in order to serve the written
notice of initial violation as required in this section, the notice
shall be deemed to be given upon mailing such notice by registered
or certified mail to the alleged violator at his last known address
or at the place where the violation occurred, in which event the specified
time period for abating the violation or applying for a variance shall
commence at the date of the day following the mailing of such notice.
Subsequent violations of the same nature shall result in the immediate
filing of a misdemeanor complaint.
