[R.O. 2011 § 230.010; R.O. 2009
§ 97.01; CC 1981 § 20-138; Ord.
No. 83-58, 8-10-1983]
A.
This Chapter shall be known as the "Noise
Control Ordinance" of the City.
B.
The purposes of this Chapter are to abate
certain loud, unnecessary, unnatural and unusual noises and to establish
maximum noise limits for motor vehicle and transportation noise, construction
power equipment noise and other general environmental noise.
[R.O. 2011 § 230.020; R.O. 2009
§ 97.02; CC 1981 § 20-139; Ord.
No. 83-58, 8-10-1983; Ord. No. 07-162, 6-11-2007]
For the purpose of this Chapter,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
American National Standards Institute or its successor bodies.
All acoustical terminology shall be that contained in ANSI S1.1 "Acoustical
Terminology."
Air-Conditioning and Refrigeration Institute or its successor
bodies.
American Society of Heating Refrigerating and Air-Conditioning
Engineers or its successor bodies.
American Society for Testing Materials or its successor bodies.
A logarithmic unit of measurement which indicates the ratio
between two (2) quantities, commonly electrical or sound energy levels
or pressure levels. See "sound pressure level."
A sound wave whose instantaneous sound pressure varies essentially
as a sinusoidal function of time.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions or any governmental
agencies of underground or overhead gas, electrical, steam or water
transmission or distribution system, collection, communication, supply
or disposal system, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, towers, electric substations, telephone exchange
buildings, gas regulator stations and other similar equipment and
accessories in connection therewith, reasonably necessary for the
furnishing of utility service by such public utilities, municipal
departments, commissions or any governmental agencies or for the public
health, safety or welfare.
A noise whose sound pressure level varies significantly but
does not equal the ambient environmental level more than once during
the period of observation.
International Electrotechnical Commission or its successor
bodies.
Characterized by brief excursions of sound pressure which
significantly exceed the ambient environmental sound pressure. The
duration of a single impulse is usually less than one (1) second.
A noise whose sound pressure level equals the ambient environmental
level two (2) or more times during the period of observation. The
period of time during which the level of the noise remains at an essentially
constant value different from that of the ambient noise level is on
the order of one (1) second or more.
International Organization for Standardization or its successor
bodies.
The Mayor or duly authorized representative.
Any passenger vehicle, truck, truck-trailer, trailer or semi-trailer
propelled or drawn by mechanical power.
A frequency band with lower and upper cut-off frequencies
having a ratio of two (2). The cut-off frequencies of seven hundred
seven (707) Hertz and one thousand four hundred fourteen (1,414) Hertz
define an octave band in common use.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and should also be at least ten (10) times
as long as the response time of the instrumentation. The greater the
variance in indicated sound level, the longer must be the observation
time for a given expected accuracy of the measurement.
Every natural person, partnership, association or corporation
which may own, operate or control those devices or facilities herein
described.
More than five (5) impulses per hour.
Society of Automotive Engineers or its successor bodies.
For airborne sound, a weighted sound pressure level obtained
by the use of metering characteristics and A-weighting as specified
in the referenced standards. When the A-weighting is employed, it
must be indicated.
A sound, in decibels, is twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of this sound to
the reference sound pressure having the value of two (2) multiplied
by 104 dynes per square centimeter.
A noise whose level remains essentially constant.
Districts established by the zoning ordinance of the City and found in Chapter 400 of this Code of Ordinances.
[R.O. 2011 § 230.030; R.O. 2009
§ 97.03; CC 1981 § 20-140(a) – (f); Ord. No. 83-58, 8-10-1983; Ord. No. 91-17, 2-7-1991; Ord. No. 97-427, 12-10-1997; Ord. No. 99-60, 2-17-1999; Ord. No. 01-170, 7-19-2001; Ord. No. 02-190, 7-26-2002; Ord. No. 03-122, 5-27-2003; Ord. No. 03-290, 11-12-2003; Ord. No. 05-174, 6-17-2005; Ord. No. 10-208 § 1, 9-29-2010; Ord. No. 13-023 § 1, 2-7-2013]
A.
No person shall make or cause, permit or
allow to be made, upon a public way or in such close proximity to
a public way as to be distinctly and loudly audible upon such public
way, a noise of any kind that would be offensive to a reasonable person
given the circumstances and surroundings. This prohibition shall not
apply to bands and orchestras or similar musical bodies utilized as
part of a parade or similar authorized musical production. The reasonable
sounding of bells, chimes or similar devices by houses of religious
worship and by ice cream trucks is exempt from the operation of this
provision.
[Ord. No. 22-124, 9-6-2022]
B.
No person shall use or perform any hand
organ or other musical instrument or device in any public way or public
street of the City before 7:00 A.M. or after 10:00 P.M. of any day.
C.
No person shall operate a gasoline-powered
grass cutting device, lawn mower or similar mechanical apparatus normally
used for cutting lawns, yards or fields before 7:00 A.M. or after
10:00 P.M. of any day.
D.
Restricted Use Of Certain Equipment.
1.
No person shall use or operate any
pile driver, shovel, fork lifts, trash compactors without a sound-attenuating
cover, hammer, derrick, hoist, tractor, roller or any other mechanical
apparatus in building or construction operations or for any other
reason outdoors between the hours of 11:00 P.M. and 6:00 A.M., except
for work on essential services, within six hundred (600) feet of a
residence or hospital.
2.
No property owner, property manager,
landlord or other person with any lawful property interest in a piece
of property shall cause, allow the use or operation on of any pile
driver, shovel, fork lift, trash compactor without a sound-attenuating
cover, hammer, derrick, hoist, tractor, roller or any other mechanical
apparatus in building or construction operations on any property under
their control outdoors between the hours of 11:00 P.M. and 6:00 A.M.,
except for work on essential services, within six hundred (600) feet
of a residence or hospital.
3.
No person shall use, cause to be used or operate any mechanical device,
engine, generator or tool used for auto repair or alteration in such
a manner as to create an unreasonably loud noise or so as to be plainly
audible at a distance of twenty-five (25) yards from the sound source
by another person located on a residential property before 7:00 A.M.
or after 10:00 P.M. of any day. For the purposes of this Subsection,
"plainly audible sound" shall mean any sound that can be detected
by a person using his/her unaided hearing faculties.
[Ord. No. 22-124, 9-6-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(D)(3) as (D)(4).
E.
No person shall activate or cause or suffer to be activated any horn or audible signal device on any motor vehicle of any kind except as a warning of danger or peril as provided in Section 345.090.
F.
No person shall operate or allow to be operated in any area zoned for commercial use any motor of a motor vehicle which weighs in excess of five (5) tons [ten thousand (10,000) pounds] for a consecutive period of longer than two (2) minutes while such vehicle is in a stationary location on private property located within three hundred (300) feet of property devoted to residential uses; any property owner, property manager, landlord or other person with any lawful property interest in a piece of property or control over a piece of property shall be individually and strictly liable for any violation of Subsection (F) which occurs on such property. Except that the provisions of this Subsection shall not apply:
[Ord. No. 16-222 § 1, 11-1-2016]
1.
When the vehicle or motor is being used in the course of normal productive
work; except during the hours of 11:00 P.M. in the evening to 6.00
A.M. the following day from Sunday evening to Friday morning; and
except between the hours of 11:00 P.M. in the evening to 7:00 A.M.
the following day from Friday evening to Sunday morning;
2.
When the vehicle or motor is being used by a public utility, municipal
department, commission or other governmental agency to provide essential
services as hereinbefore defined;
3.
To buses operated for the transportation of passengers while standing
in established bus turnarounds, terminals or storage yards; and
4.
To any vehicle standing within a completely enclosed structure.
G.
No person shall operate an internal combustion
powered street sweeping device, street vacuum or similar apparatus
normally used for the cleaning of parking lots within one thousand
two hundred (1,200) feet of an occupied residential structure between
the hours of 11:00 P.M. in the evening to 6:00 A.M. the following
day from Sunday evening to Friday morning and between the hours of
11:00 P.M. in the evening to 7:00 A.M. the following day from Friday
evening to Sunday morning. The operation of City-owned street sweeping
devices is exempt from this restriction. The operation of any snow
removal equipment while engaged in snow removal is exempt from this
restriction.[2]
[2]
Editor's Note: Former Subsection (H), regarding restriction of unreasonably loud noises and noises plainly audible at twenty-five (25) feet, was repealed 9-6-2022 by Ord. No. 22-124. See now Section 230.030(A) and (D)(3).
[R.O. 2011 § 230.040; R.O. 2009
§ 97.04; CC 1981 § 20-140(g) – (j),(r) –
(t); Ord. No. 83-58, 8-10-1983; Ord. No. 91-17, 2-7-1991; Ord. No. 97-427, 12-10-1997; Ord. No. 99-60, 2-17-1999; Ord. No. 01-170, 7-19-2001; Ord. No. 02-190, 7-26-2002; Ord. No. 03-122, 5-27-2003; Ord. No. 03-217, 9-3-2003]
A.
No person shall sell or offer for sale any motor vehicle that produces a maximum noise exceeding the following noise limit at a distance of fifty (50) feet from the centerline of travel, under test procedures, standards and recommended practices as itemized below and with reference to Sections 230.060 and 230.070. Such stock as is certified to the City on the effective date of this Chapter shall be exempt from the prohibition contained in this Section. Test procedures shall be in substantial conformity with standards and recommended practices established by the Society of Automotive Engineers, Inc., including SAE Recommended Practice J 184 and ANSI Standards S1.1 1960 and S1.4 1961.
|
Type of Vehicle
|
Date of Manufacture
|
Noise Limit
[dB(A)]
|
|---|---|---|
|
Motorcycle (test procedures according
to SAE Proposed Standard J 331)
|
Before January 1, 1980
|
84
|
|
After January 1, 1980
|
80
| |
|
Any motor vehicle with a gross vehicle
weight of 10,000 pounds or more (test procedures according to SAE
Standard J 336a)
|
Before July 1,1975
|
86
|
|
After January 1, 1975
|
84
| |
|
Passenger car, motor-driven cycle/and
any other motor vehicle (test procedures according to SAE Standard
J 986a)
|
Before January 1, 1975
|
84
|
|
After January 1, 1975
|
80
|
B.
Noise Related To Operation Of Vehicle.
1.
Noise Limits As Related To Speed.
a.
No person shall operate within the
speed limits specified in this Section either a motor vehicle or combination
of vehicles of a type subject to registration at any time or under
any condition as to exceed the following noise limit for the category
of motor vehicle, measured at a distance of not less than fifty (50)
feet from the centerline of travel, under ANSI Standards S1.1 1960
and S1.4 1961 and SAE Standard J 184 with meter set for fast response
and the A-weighted scale:
|
Noise Limit in Relation to
Posted Speed Limit [dB(A)]
| ||
|---|---|---|
|
Type of Vehicle
|
35 mph or less
|
Over 35 mph
|
|
Any motor vehicle with a manufacturer's
GVW rating of 10,000 pounds or more and any combination of vehicles
towed by such motor vehicle
|
86
|
90
|
|
Any motorcycle
|
78
|
82
|
|
Any other motor vehicle and any combination
of motor vehicles towed by such vehicle
|
73
|
79
|
2.
No person shall operate a motor vehicle
or combination of vehicles, of a type subject to registration, at
any time or under any condition when the noise limit set forth in
Appendix A[2] to this Chapter is exceeded under stationary test procedures as outlined for this Section by the regulations as promulgated under Section 230.100.
[2]
Editor's Note: Appendix A is included as an attachment to
this Chapter.
C.
No person shall sell, lease or agree to sell or lease any of the types of equipment herein enumerated which shall exceed the noise level herein established at a distance of fifty (50) feet, under test procedures and standards SAE J 184, SAE J 952b, ANSI S1.1 1960, ANSI S1.4 1961 and with reference to Sections 230.060 and 230.070.
|
Type of Equipment
| |
|---|---|
|
Construction and industrial machinery,
such as crawlers-tractors, dozers, rotary drills and augers, loaders,
power shovels, cranes, derricks, motor graders, paving machines, off-highway
trucks, ditchers, trenchers, compactors, scrapers, wagons, pavement
breakers, compressors and pneumatic powered equipment, etc., but not
including pile drivers:
| |
|
Noise Limit
[dB(A)]
| |
|
Manufactured before January 1, 1980
|
86
|
|
Manufactured after January 1, 1980
|
80
|
|
Type of Equipment
| |
|---|---|
|
Agricultural tractors and equipment:
| |
|
Noise Limit
[dB(A)]
| |
|
Manufactured before January 1, 1980
|
86
|
|
Manufactured after January 1, 1980
|
80
|
|
Type of Equipment
| |
|---|---|
|
Powered commercial equipment of twenty
(20) hp or less intended for infrequent use in a residential area,
such as chain saws, pavement breakers, log chippers, powered hand
tools and the like:
| |
|
Noise Limit
| |
|
80 dB(A)
| |
|
Type of Equipment
| |
|---|---|
|
Powered equipment intended for repetitive
use in residential areas. Such equipment includes lawn mowers, small
lawn and garden tools, riding tractors, snow removal equipment:
| |
|
Noise Limit
[dB(A)]
| |
|
Manufactured before January 1, 1978
|
70
|
|
Manufactured after January 1, 1978
|
65
|
D.
No person shall alter, modify or change
any exhaust muffler, intake muffler or other equipment designed to
abate noise on any motor equipment unless such alteration, modification
or change shall reduce the noise emitted by such equipment. Nothing
in this Section shall be interpreted to prohibit the replacement of
worn noise abatement equipment certified as meeting or exceeding specifications
of the manufacturer's original equipment.
E.
No person shall sell or offer for sale any engine powered pleasure vessel, engine powered craft or motor boat which may exceed the following noise limit as measured at the distance of fifty (50) feet under test procedures per SAE J 952b and with reference to SAE J 184 and ANSI Standards S1.1 1960, S1.4 1961 and Sections 230.060 and 230.070:
|
Noise Limit
[dB(A)]
| |
|---|---|
|
Manufactured before January 1, 1975
|
85
|
|
Manufactured after January 1, 1975
|
76
|
F.
No person shall sell or offer for sale a new power-driven recreational or off-highway vehicle, including dune buggies and snowmobiles, go-karts and mini bikes that produce noise measured at the distance of fifty (50) feet exceeding the following, under test procedures per SAE J 952b and with reference to SAE J 184 and ANSI Standards S1.1 1960, S1.4 1961 and Sections 230.060 and 230.070.
|
Type of Vehicle
|
Noise Limit
[dB(A)]
|
|---|---|
|
Snowmobile
|
73
|
|
Any other vehicle, including dune
buggy, all-terrain vehicle, mini-bike
|
73
|
G.
No person shall operate a motor-driven vehicle of a type not subject to registration for road use at any time or under any condition of acceleration or deceleration as to exceed 82 dB(A) as measured from the distance of fifty (50) feet under ANSI Standards S1.1 1960 and S1.4 1961 and SAE Standard J 184 with meter set for fast response and the A-weighted scale. This Subsection (G) shall not be interpreted to include the operation of off-highway trucks and construction equipment regulated under Subsection (C) of this Section.
[R.O. 2011 § 230.050; R.O. 2009
§ 97.05; CC 1981 § 20-140(k) – (q); Ord. No. 83-58, 8-10-1983; Ord. No. 98-398, 9-14-1998]
A.
In "I-1" Light Industrial zoning districts, at no point on the boundary of a residence, business or commercial district shall the sound pressure level of any individual operation or plant or the combined operations of any person, firm or corporation exceed the decibel levels in the designated octave bands shown below for the zoning districts indicted as measured using test equipment per ANSI Standards S1.1 1960, S1.4 1961, S1.11 1966 and S1.12 1967 and SAE J 184 and with reference to Sections 230.060 and 230.070.
|
Octave Band Center Frequency
(Hz)
|
Maximum Sound Pressure Levels
(dB) Along District Boundaries
(Daytime, Steady Noise)
| |
|---|---|---|
|
Residence
|
Business — Commercial
| |
|
31.5
|
72
|
79
|
|
63
|
71
|
78
|
|
125
|
65
|
72
|
|
250
|
57
|
64
|
|
500
|
51
|
58
|
|
1,000
|
45
|
52
|
|
2,000
|
39
|
46
|
|
4,000
|
34
|
41
|
|
8,000
|
32
|
39
|
|
Maximum repetitive impulse noise
sound pressure levels to be 10 dB lower than the values shown for
steady noise.
| ||
1.
For monitoring purposes, the A scale
levels (slow response) of fifty-five (55) dB(A) and sixty-two (62)
dB(A) respectively for residence and business-commercial districts
may be used. Any noise levels in excess of these values constitute
a violation of this Subsection.
2.
Where noise levels below the above-mentioned
fifty-five (55) dB(A) and sixty-two (62) dB(A) are measured, the octave
band test is to be applied in order to determine compliance with this
Section.
3.
Maximum nighttime sound pressure
levels 10:00 P.M. to 7:00 A.M. are to be seven (7) dB lower than the
values shown for daytime steady noise for each octave band center
frequency.
B.
In "M-2" Heavy Industrial zoning districts, at no point either on the boundary of a residence, business or commercial district or at one hundred twenty-five (125) feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of any individual operation or plant or the combined operations of any person, firm or corporation exceed the decibel levels in the designated octave bands shown below for the zoning districts included, as measured using test equipment per ANSI Standards S1.1 1960, S1.4 1961, S1.11 1966 and S1.12 1967 and SAE J 184 and with reference to Sections 230.060 and 230.070.
|
Octave Band Center Frequency
(Hz)
|
Maximum Sound Pressure Levels
(dB) Along District Boundaries
(Daytime, Steady Noise)
| |
|---|---|---|
|
Residence
|
Business — Commercial
| |
|
31.5
|
75
|
80
|
|
63
|
74
|
79
|
|
125
|
69
|
74
|
|
250
|
64
|
69
|
|
500
|
58
|
63
|
|
1,000
|
52
|
57
|
|
2,000
|
47
|
52
|
|
4,000
|
43
|
48
|
|
8,000
|
40
|
45
|
|
Maximum repetitive impulse noise
sound pressure levels to be ten (10) dB lower than the values shown
for steady noise.
| ||
1.
For monitoring purposes, the A scale
levels (slow response) of sixty-one (61) dB(A) and sixty-six (66)
dB(A) respectively for residence and business-commercial districts
may be used. Any noise levels in excess of these values constitute
a violation of this Section.
2.
Where noise levels below the above-mentioned
sixty-one (61) dB(A) and sixty-six dB(A) values are measured, the
octave band test is to be applied in order to determine compliance
with this Section.
3.
Maximum nighttime sound pressure
levels 10:00 P.M. to 7:00 A.M. are to be seven (7) dB lower than the
values shown for daytime steady noise or each octave band center frequency.
C.
In business and commercial zoning districts, all activities involving the production, processing, cleaning, servicing, testing, repair of materials, goods or products or any property use shall conform with the performance standards stated in Subsection (A) above, provided that performance standards shall in every case be applied at the boundaries of the lot on which any such activities take place.
D.
In residential zoning districts, any property
use shall conform with the performance standards stated in Section
(A) above for residence district boundaries, provided that performance
standards shall in every case be applied at the boundaries of the
lot on which such use is established.
E.
The maximum sound pressure levels established in Subsections (A), (B), (C) and (D) to be applied to the boundaries of a lot shall not apply to construction sites. Construction site noise level shall be regulated by Section 230.030(D).
F.
In all instances in which a "I-2" Heavy Industrial District does not adjoin a residence, business or commercial district, the performance standards governing noise for the "I-1" Light Industrial Districts shall apply at the nearest residence or commercial district boundary line, as these districts are defined and designated under the provisions of the zoning regulations set forth in Chapter 400.
G.
Any property uses established in an industrial,
business or commercial district shall be so operated as to comply
with the performance standards governing vibrations set forth:
1.
In an "I-2" Industrial Zoning District,
any property use creating intense or shaking vibrations such as are
created by drop forges or heavy hydraulic surges shall be set back
at least three hundred (300) feet from the zoning district line of
any residence or commercial zoning district and at least one hundred
fifty (150) feet from the zoning district line in any "I-1" Industrial
Zoning District unless such operation is controlled in such manner
as to prevent such transmission beyond the zoning district line of
earth-shaking vibrations perceptible without the aid of instruments.
2.
In an "I-1" Industrial Zoning District,
business or commercial zoning district any property use creating earth-shaking
vibrations such as are created by drop forges or hydraulic surges
shall be controlled in such manner as to prevent transmission beyond
the lot lines of earth-shaking vibrations perceptible without the
aid of instruments.
[R.O. 2011 § 230.060; R.O. 2009
§ 97.06; CC 1981 § 20-141; Ord.
No. 83-58, 8-9-1983]
A.
Test
procedures as to noise levels emitted by motor vehicles and by engine
powered equipment when offered for sale shall conform to SAE standards
and recommended practices:
1.
SAE J 184 Qualifying a Sound Data Acquisition System. SAE Recommended
Practice;
2.
SAE J 331 SAE Standard for Sound Levels for Motorcycles, as it is
proposed on the effective date of this Chapter;
3.
SAE J 366a Exterior Sound Level for Heavy Trucks and Buses. SAE Recommended
Practice;
4.
SAE J 952b Sound Levels for Engine Powered Equipment. SAE Standard;
5.
SAE J 986a Sound Levels for Passenger Cars and Light Trucks. SAE
Standard; and
6.
Such other and further standards as may be propounded in the code
of recommended practices of the Director.
[R.O. 2011 § 230.070; R.O. 2009
§ 97.07; CC 1981 § 20-142; Ord.
No. 83-58, 8-9-1983]
A.
Test
equipment standards applicable to tests and measurements described
and required herein are:
1.
ANSI S1.1 1960 Acoustic Terminology (ISO R131) (IEC 50-08);
2.
ANSI S1.4 1961 General Purpose Sound Level Meters (IEC 123-1961);
3.
ANSI S1.11 1966 Octave, Half Octave and Third Octave Band Filter
Sets (IEC 225-1966);
4.
ANSI S1.12 1967 Laboratory Standard Microphones;
5.
IEC 179 1965 Precision Sound Level Meters; and
6.
Such other and further standards as may be propounded in the code
of recommended practices of the Director.
[R.O. 2011 § 230.080; R.O. 2009
§ 97.08; CC 1981 § 20-143; Ord.
No. 83-58, 8-9-1983]
The Director may require, upon reasonable
notice, that the manufacturer, distributor, importer or designated
agent shall certify in writing to the City that his/her vehicles or
equipment sold or offered for sale within the City comply with the
applicable provisions of the appropriate Sections of this Chapter.
[R.O. 2011 § 230.090; R.O. 2009
§ 97.09; CC 1981 § 20-144; Ord.
No. 83-58, 8-9-1983]
It is the intent of the City to periodically
re-evaluate the future noise level limits and other standards contained
in this Chapter and, if it is determined to be appropriate, to adjust
such standards either upward or downward in light of future possible
advances in technology or the state of the art.
[R.O. 2011 § 230.100; R.O. 2009
§ 97.10; CC 1981 § 20-145; Ord.
No. 83-58, 8-10-1983]
A.
The Chief of Police may establish regulations
for the implementation of enforcement. Any regulation promulgated
under this Section shall pertain only to the means, manner or method
of implementation of enforcement of the Chapter and shall not change,
alter or amend the requirements of the Chapter. The regulations promulgated
hereunder or amendments or changes thereof shall become effective
upon review and approval by the City Council.
B.
Violation of the regulations promulgated under this provision shall be punished as provided for in Section 100.150.
C.
Copies of the regulations promulgated under
this Section shall be kept on file at the office of the City Clerk.
These regulations shall be available for public inspection and copying
during normal business hours.
D.
Enforcement Factors. In the enforcement
of standards established in this Chapter, a Police Officer or Code
Enforcement Officer may be required to exercise judgment in determining
if a particular noise is sufficiently loud or otherwise so offensive
that it would unreasonably disturb other persons in the vicinity.
When making such determinations, the Police Officer or Code Enforcement
Officer shall consider each of the following factors:
[Ord. No.
19-169, 8-20-2019[2]]
1.
The intensity (sound pressure level)
of the noise.
2.
Whether the nature of the noise is
usual or unusual.
3.
Whether the origin of the noise is
natural or manmade.
4.
The volume and intensity of background
noise, if any.
5.
The proximity of the noise to residential
sleeping facilities during the sleeping hours of 10:30 P.M. to 7:00
A.M.
6.
The nature and zoning of the area
within which the noise emanates.
7.
The time of the day or night along
with the day of week and time of year the noise occurs.
8.
The duration of the noise.
9.
Whether the noise is recurrent, intermittent
or constant.
[2]
Editor's Note: Ord. No. 19-169 also changed
the title of this Section to include "And Enforcement Factors."
[R.O. 2011 § 230.110; R.O. 2009
§ 97.11; CC 1981 § 20-146; Ord.
No. 83-58, 8-10-1983; Ord. No. 07-162, 6-11-2007]
A.
The provisions of this Chapter shall not
apply to those events, activities or locations which have been granted
a variance, as hereinafter set out, by the City Council.
B.
The City Council shall have the authority
to grant variances subject to the conditions and under the circumstances
set out in this Section. These variances, to be known and entitled
as noise variances, shall exclude the event, activity or location
for which the permit is issued from the operation and requirement
of this Chapter, subject to the provisions of this Section.
C.
Any person seeking a variance pursuant to this Section shall file an application with the City Clerk on a form prescribed by the Chief of Police. The application shall contain, in addition to such information as shall be required by the Chief of Police, information demonstrating that bringing the source of sound for which the variance is sought or the activity involved into compliance with this Chapter would cause an unreasonable hardship for the applicant, the community or for other persons. Upon receiving such an application, the Clerk shall submit it to the Mayor. Upon receipt of an application, the Mayor shall cause such investigation as he/she deems necessary to be made concerning the application. This investigation may include, but need not be limited to, consulting with such departments as he/she may deem necessary or desirable. The Mayor, subject to the provisions of Subsection (D) below may, in his/her discretion, cause a public hearing to be held on any application for a noise variance. If no public hearing is held, the Mayor, subject to the provisions of Subsection (D) below, shall allow interested parties to submit written comments concerning an application for a noise variance. The applicant shall, prior to the investigation of the application by the Mayor, cause a public notice of the application for a noise variance to be published at least twice in a daily newspaper of general circulation published in the City in a form prescribed by the City Clerk.
D.
The Mayor, in addition to such other investigation
as he/she may deem necessary:
1.
Shall require applicant to show that
the notice requirements herein provided for have been met;
2.
Shall permit applicant to offer such
evidence as it desires to establish applicant's position that a variance
should be granted;
3.
Shall permit those opposing applicant's
request for a variance to offer evidence in opposition to the granting
of a variance;
4.
May, in his/her discretion, refuse
to receive or hear evidence that is cumulative and may reasonably
limit the time allowed to present evidence by those supporting and
those opposing the application.
E.
The Mayor shall consider all evidence received pursuant to this Section and based upon this evidence and the results of his/her investigation shall make a recommendation to the City Council as to whether a noise variance should be granted. The Mayor shall make his/her recommendation based upon the factors set out in Subsection (F) and shall state the reasons for his/her recommendation in writing. The application and the recommendation of the Mayor shall be placed on the agenda of the City Council and shall be considered in due course according to the rules of the City Council. In deciding whether to grant the noise variance, the City Council shall consider the factors set out in Subsection (F) below. The City Council shall, by resolution, grant or deny the variance. If a resolution approving a noise variance is passed, the City Clerk shall issue a noise variance subject to the terms of this Section.
F.
The following factors shall be considered
in determining whether to grant the variance:
1.
The balance of the hardship to the
applicant, the community and other persons in not granting the variance
against the adverse impact on the health, safety and welfare of persons
adversely affected and any other adverse effects of the granting of
the variance.
2.
The number, if any, of previous variances
granted to the applicant or for the same location or activity.
3.
The nearness of any residence or
residences or any other use which would be adversely affected by noise
in excess of the limits prescribed by the Chapter.
4.
The sound level of the sound to be
generated by the event or activity.
5.
Whether the type of noise to be produced
by the event is usual or unusual for the location or area for which
the variance is requested.
6.
The density of population of the
area in which the event or activity is to take place.
7.
The time of day or night which the
activity or event will take place.
8.
The nature of the sound to be produced
including, but not limited to, whether the sound will be steady, intermittent
or of a repetitive impulse nature.
G.
Neither the Mayor nor the City Council
shall consider the communicative content of the activity or event
in determining whether to grant or deny a variance. The rights of
all interested persons to due process of law and equal protection
of law shall not be denied.
H.
Variances shall only be granted subject
to the following conditions:
1.
The event or activity for which the
permit is sought shall be held in a public place.
2.
The event or activity for which the
permit is sought shall be open to the public. There shall be no discrimination
on the basis of race, color, creed, national origin or sex.
3.
Variances issued shall be subject
to such reasonable conditions as the City Council shall require, including,
but not limited to:
a.
Limiting the days of the week for
which the variance is valid.
b.
Limiting the number of days for which
the variance is valid.
c.
Limiting the hours of the day or
days for which the variance is valid. Such conditions shall be noted
on the variance issued to the applicant and non-compliance with any
condition of the variance shall terminate the variance and subject
the applicant, event or activity to the provisions of this Chapter.
The variance shall not be valid unless all conditions thereof are
agreed to by the applicant or its duly authorized officer or agent,
in writing.
I.
Any variance issued pursuant to this Section shall be kept at the site of the event or activity for which the variance was obtained. The variance shall be displayed, on request, to any Law Enforcement Officer, environmental protection department employee or park patrol officer. The requirements of this Chapter are made express conditions of the granting of the variance and failure to comply with these conditions shall cause the variance to terminate as provided for in Subsection (H) of this Section.
J.
The City Council, in granting or denying
a variance pursuant to this Section, shall be an administrative body,
acting in a quasi-judicial capacity, subject to review as provided
in State Statutes pertinent to administrative proceedings.
[R.O. 2011 § 230.120; R.O. 2009
§ 97.12; Ord. No. 09-195, 11-3-2009]
A.
Pursuant to Ordinances 03-172 and 03-174,
the Urban Code for New Town at St. Charles was adopted. Section 1.3.9.b
of the Urban Code sets forth the general ambient noise standards which
shall apply within the New Town at St. Charles as follows:
1.
Sound levels in Zones T1, T2, T3 and T4 shall not exceed seventy-five
(75) decibels between 6:00 A.M. and 12:00 A.M. Midnight and sixty-five
(65) decibels between 12:00 A.M. Midnight and 6:00 A.M.
2.
Sound levels in Zones T5 and T6 shall not exceed eighty-five (85)
decibels between 6:00 A.M. and 12:00 A.M. Midnight and seventy-five
(75) decibels between 12:00 A.M. Midnight and 6:00 A.M.
3.
The sound level shall be measured at the property line of the property
producing the noise with a sound level meter set to the A frequency
rating.
