[Adopted 11-8-1999 by Ord. No. 1095 (Secs. 17-22.1 to 17-22.5 of the 1979 Code)]
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of the
article, but this enumeration shall not be deemed to be exclusive,
namely:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the Town, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time; the use
of any signaling device except one operated by hand or electricity;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
B.
Radios, phonographs, etc. The using, operating, or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such a manner to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person who is in the room, vehicle or chamber in which such machine
or device is operated and who is voluntarily listening thereto. The
operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
C.
Loudspeakers, amplifiers for advertising. The using,
operating of or permitting to be played, used or operated of any radio
receiver set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or other device for the producing or reproducing
or sound which is broadcast upon the public streets for the purpose
of commercial advertising or attracting the attention of the public
to any building or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling, or singing on the public streets, particularly between
the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as
to annoy or disturb the quiet, comfort, or repose of persons in any
office, dwelling, hotel or other type of residence, or of any persons
in the vicinity.
E.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any persons in the vicinity.
F.
Steam whistles. The blowing of any locomotive steam
whistle or steam whistles attached to any stationary boiler, except
to give notice of the time to begin or stop work or as a warning of
fire or danger, or upon the request of proper Town authorities.
G.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine, motor
boat, or motor vehicle, except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
H.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such condition
as to create loud and unnecessary grating, grinding, rattling or other
noise.
I.
Loading, unloading, opening boxes. The creation of
a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, crates and containers.
J.
Construction or repair of buildings. The erection
(including excavation) demolition, alteration or repair of any building
other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays,
except in case of urgent necessity in the interest of public health
and safety; and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three days
or less while the emergency continues, and which permit may be renewed
for periods of three days or less while the emergency continues. If
the Building Inspector should determine that the public health and
safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 p.m. and 7:00 a.m., and if he further determines
that loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done within the hours
of 6:00 p.m. and 7:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of the work.
K.
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the school, institution of learning,
church or court are in use, or adjacent to any hospital, which unreasonably
interferes with the workings of such institution, or which disturbs
or unduly annoys patients in the hospital, provided that the conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
L.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
M.
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
N.
Metal rails, pillars and columns, transportation thereof.
The transpiration of rails, pillars or columns of iron, steel, or
other material, over and along streets and other public places upon
carts, trays, cars, trucks, or in other manner so loaded as to cause
loud noises or as to disturb the peace and quiet of such streets or
other public places.
O.
Street railway cars, operation thereof. The causing,
permitting or continuing of any excessive, unnecessary and avoidable
noise in the operation of a street railway car.
P.
Pile drivers, hammers, etc. The operation between
the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise.
Q.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
R.
Dumpster
maintenance and garbage collection. It shall be unlawful for any business
or property owner located within 1,000 feet of a residential zone
or residential area to cause any dumpster to be emptied or perform
any dumpster maintenance or other garbage collection that may be heard
from said residential area during the hours of 7:00 p.m. to 7:00 a.m.
[Added 2-13-2023 by Ord. No. 2023-2]
It shall be unlawful for any person to play,
use, operate or permit to be played, used or operated any radio receiving
set, musical instrument, phonograph or other machine or device for
the production or reproduction of sound, including but not limited
to any stereo, radio, musical instrument or other noise making device
for the producing or reproducing of sound within a motor vehicle,
with louder volume than is necessary for convenient hearing of the
person so playing, using or operating such instrument or device and
such persons who are voluntarily listeners thereto or in such manner
as to disturb the peace, quiet and comfort of neighboring inhabitants;
provided that nothing contained in this article shall prohibit playing
by a band or orchestra in a hall, building or in the open air.
A.
A BAND LEVEL
AMBIENT NOISE
BAND PRESSURE LEVEL OF SOUND FOR A SPECIFIED FREQUENCY BAND
CYCLE
DECIBEL
EMERGENCY WORK
FREQUENCY OF A FUNCTION PERIODIC IN TIME
MICROBAR
PERIODIC QUANTITY
PERIOD OF A PERIODIC QUANTITY
PERSON
SOUND ANALYZER
SOUND LEVEL METER
SOUND PRESSURE LEVEL IN DECIBELS OF SOUND
SPECTRUM
For the purpose of this section, certain words and
phrases used in this article are defined as follows:
The total sound level of all noise as measured with a sound
level meter using the A weighting network. The unit of measurement
is the dB(A).
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
The sound pressure level for the sound contained within the
restricted band. The reference pressure must be specified.
The complete sequences of values of a periodic quantity that
occur during a period.
One-tenth of a bel is a unit of level when the base of the
logarithm is the 10th root of 10, and the quantities concerned are
proportional to power.
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.
The reciprocal of the primitive period. The unit is the cycle
per unit and must be specified.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
An oscillating quantity, the values of which recur for equal
increments of time.
The smallest increment of time for which the function repeats
itself.
Any person or a person's firm, association, copartnership,
joint venture, corporation of any entity public or private in nature.
A device for measuring the bank pressure level or pressure
spectrum level of a sound as a function of frequency.
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.
Twenty times the logarithm to the base 10 of the ratio of
the pressure of this sound to the reference pressure, which reference
pressure must be explicitly stated.
A function of time, and is a description of its resolution
into components, each of different frequency and usually of different
amplitude and phase; also used to signify continuous range of components
each of different frequency and usually of different amplitude and
phase; and also used to signify continuous range of components usually
wide in extent within which waves have some specified characteristics
such as audio-frequency spectrum. It is also applied to functions
of variables other than time.
B.
All technical definitions are in accordance with American
Standards S1.1-1960, entitled “Acoustical Terminology.”
The standards which shall be considered in determining whether a violation of § 224-2 exists shall include, but shall not be limited to, the following:
A.
The volume of the noise;
B.
The intensity of the noise;
C.
Whether the nature of the noise is usual or unusual;
D.
Whether the origin of the noise is natural or unnatural;
E.
The volume or intensity of the background noise, if
any;
F.
The proximity of the noise to residential sleeping
facilities;
G.
The nature and zoning of the area within which the
noise emanates;
H.
The density of inhabitation of the area within which
the noise emanates;
I.
The time of the day or night the noise occurs;
J.
The duration of the noise;
K.
Whether the noise is recurrent, intermittent or constant;
L.
Whether the noise is produced by a commercial or noncommercial
activity.
It is unlawful to project a sound or noise,
excluding noise emanating from cars, trucks or motorcycles, from one
property into another, within the boundary of a use district which
exceeds either the limiting noise spectra set forth in Table I below,
or exceeds the ambient noise level by more than three decibels.
A.
Sound or noise projecting from one use district into
another use district with a different noise level limit shall not
exceed the limits of the district into which the noise projected.
B.
Measurement of noise.
(1)
The measurement of sound or noise shall be made with
a sound level meter and octave band analyzer meeting the standards
prescribed by the American Standards Association. The instruments
shall be maintained in calibration and good working order. Octave
band corrections may be employed in meeting the response specification.
A calibration check shall be made of the system at the time of any
noise measurement. Measurements recorded shall be taken so as to provide
a proper representation of the noise source. The microphone during
the measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for
the microphone shall be used when required. Traffic, aircraft and
other transportation noise sources and other background noises shall
not be considered in taking measurements except when such background
noise interferes with the primary noise being measured.
(2)
The above meter response of the noise level meter
shall be used in order to best determine that average amplitude has
not exceeded the limiting noise spectra set forth in Table I.
(3)
The measurement shall be made at the property line
of the property on which noise is generated, or perceived, as appropriate,
five feet above ground.
(4)
In the case of an elevated or directional sound or
noise source, compliance with the noise limits is to be maintained
at any elevation at the boundary.
C.
The limits referred to in this section shall be in
accordance with Table I:
|
Table I
Zoning District Noise Standards
Maximum Allowable Octave Bank
Sound Pressure Levels
| |||||||
|---|---|---|---|---|---|---|---|
|
Residential
|
Residential Industrial
| ||||||
|
Octave Band Center Frequency
or All Measurement
|
Daytime
|
All Other Times
|
Daytime
|
All Other Times
|
Business Any Time
|
Industrial Any Time
| |
|
31.5
|
76
|
68
|
79
|
72
|
79
|
83
| |
|
63
|
75
|
67
|
78
|
71
|
78
|
83
| |
|
125
|
69
|
61
|
72
|
65
|
73
|
77
| |
|
250
|
62
|
52
|
68
|
57
|
68
|
73
| |
|
500
|
56
|
46
|
62
|
51
|
62
|
67
| |
|
1,000
|
50
|
40
|
56
|
45
|
56
|
61
| |
|
2,000
|
45
|
33
|
51
|
39
|
51
|
57
| |
|
4,000
|
40
|
28
|
47
|
43
|
47
|
53
| |
|
8,000
|
38
|
26
|
44
|
32
|
44
|
50
| |
|
Single number equivalent
|
60 dB(A)
|
50 dB(A)
|
65 dB(A)
|
55 dB(A)
|
65 dB(A)
|
70 dB(A)
| |
D.
If the noise is not smooth and continuous, one or more of the corrections in Table II shall be added to or subtracted from each of the decibel levels given in Table I of Subsection C of this section.
|
Table II
| ||
|---|---|---|
|
Type of Operation in Character
| ||
|
Noise source operated less than 20% of any one-hour
period: plus 5 dB(A)
| ||
|
Noise source operated less than 5% of any one-hour
period: plus 10 dB(A)
| ||
|
Noise source operated less than 1% of any one-hour
period: plus 15 dB(A)
| ||
|
Noise of impulsive character (hammering, etc.):
minus 5
| ||
E.
If the noise occurs between the hours of 10:00 p.m.
and 7:00 a.m. on Monday through Saturday, or at any time on Sunday
or holidays, seven shall be subtracted from each of the decibel levels
given in Table I.
It shall be unlawful to operate a motorized
vehicle within the Town limits which creates a noise or sound that
exceeds the noise level limits set out in Table III:
|
Table III
Limiting Noise Levels for Motor Vehicles
| |||
|---|---|---|---|
|
Trucks and buses:
| |||
|
Over 10,000 pounds:
| |||
|
87 dB(A) measured at 50-feet maximum allowable
limit
| |||
|
93 dB(A) measured at 25-feet maximum allowable
limit
| |||
|
Under 10,000 pounds:
| |||
|
80 dB(A) measured at 50-feet maximum allowable
limit
| |||
|
86 dB(A) measured at 25-feet maximum allowable
limit
| |||
|
Passenger cars:
| |||
|
78 dB(A) measured at 50-feet maximum allowable
limit
| |||
|
84 dB(A) measured at 25-feet maximum allowable
limit
| |||
|
Motorcycle; including other vehicles:
| |||
|
87 dB(A) measured at 50-feet maximum allowable
limit
| |||
|
93 dB(A) measured at 25-feet maximum allowable
limit
| |||
The measurement of sound or noise shall be made
with a sound level meter and octave band analyzer meeting the standards
prescribed by the American Standards Association.
A.
The instruments shall be maintained in calibration
and good working order.
B.
Octave band corrections may be employed in meeting
the response specification.
C.
A calibration check shall be made of the system at
the time of any noise measurement.
D.
Measurements recorded shall be taken so as to provide
a proper representation of the noise source. The microphone during
measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for
the microphone shall be used when required. Traffic, aircraft and
other transportation noise sources and other background noises shall
not be considered in taking measurements except where such background
noise interferes with the primary noise being measured.
A.
It shall be unlawful to sustain in any enclosed place
of public entertainment, including but not limited to restaurant,
bar, cafe, discotheque, or dance hall, any amplitude equal to or in
excess of 95 dB(A) sustained for more than 30 seconds.
B.
Such sound or noise is to be measured by a sound level
meter approved by the American Standards Association from any area
to which the public is invited within any enclosed place of public
entertainment.
It shall be unlawful for any person to operate
or cause to be operated any type of aircraft over the Town which produces
noise level exceeding 87 dB(A) within the Town.
The following uses and activities shall be exempt
from noise level regulations:
A.
Noises of safety signals, warning devices, and emergency
pressure relief valves;
B.
Noises resulting from any authorized emergency vehicles,
when responding to an emergency call or acting in time of emergency;
D.
Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the Town in accordance with § 224-12 of this article;
E.
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 § 224-10 of this article as well as the other regulations of this article. 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 § 224-10 of this article as well as the other regulations of this article.
A.
Application for a permit for relief from the noise
level designated in this article on the basis of undue hardship may
be made to the Town Council or its duly authorized representative.
B.
Any permit granted by the Town Council hereunder shall
contain all conditions upon which such permit has been granted and
shall specify a reasonable time that the permit shall be effective.
C.
The Town Council or its duly authorized representative
may grant the relief as applied for if it finds:
(1)
The additional time is necessary for the applicant
to alter or modify his activity or operation to comply with this article;
or
(2)
The activity, operation or noise source will be of
temporary duration, and cannot be done in a manner that would comply
with other sections of this article; and
(3)
That no other reasonable alternative is available
to the applicant.
D.
The Town Council may prescribe any conditions or requirements
it deems necessary to minimize adverse effects upon the community
or the surrounding neighborhood.
A.
The Johnston Police Department is hereby charged with
the responsibility of enforcing the provisions of this article and
issuing citations for its violation. The Johnston Municipal Court
is empowered to adjudicate all violations of this article.
B.
Any person, including a police officer, may be a complainant
for the purposes of instituting action for violation of this article.
Any person found guilty of violating the provisions
of this article shall, upon conviction, be punished by a fine of $50
for a first offense. However, for a second violation and any subsequent
violations, a person upon conviction shall be punished by a fine of
$150.
