CHAPTER 511
Noise Control
511.01    Definitions.
511.02   Prohibited amplified sound.
511.03   Other noise.
511.04   Exemptions.
511.05   Permit required.
511.99   Penalty.
 
CROSS REFERENCES
Squealing tires, exhaust noises - see TRAF. 331.36
Mufflers, excessive noise - see TRAF. 337.20
Disturbing the peace - see GEN. OFF. 509.03
 
 
511.01 DEFINITIONS.
   As used in this chapter:
   (a)   “Plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties; however, words or phrases need not be discernible and such sound may include bass reverberation.
   (b)   “Noise disturbance” means any sound which, by reason of its volume, intensity or duration:
      (1)   Significantly endangers or causes any injury to the health of humans or animals;
      (2)   Damages personal or real property or presents a significant risk of damage to personal or real property; or
      (3)   Is annoying or disturbing to a reasonable person of normal sensitivities.
   (c)   “Residential area” means any area of the City which is zoned R-1, R-2, R-3, R-4, R-A and any portion of an H-1 District which contains residential structures being used as 1-3 family residences.
   (d)   “Commercial or industrial area” means any area of the City which is zoned C-1, C-2, C-3, C-4, M-1, M-2 or M-3.
   (e)   “Commercial or industrial activity” means any activity which is typically engaged in for the purpose of generating income or profits by means of providing services, goods, materials or products of any type, or transporting, storing, processing, manufacturing, assembling or packaging goods, materials or products of any type, as well as any activities which are incidental thereto.
      (Ord. 2008-123. Passed 9-15-08.)
511.02 PROHIBITED AMPLIFIED SOUND.
   (a)   Personal or commercial music, voice or other sound amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of fifty feet in any direction from the property line of the premises occupied by the operator or containing any component of the equipment used to produce such sound, between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m. sound from such equipment shall not be plainly audible beyond the property line of the premises occupied by the operator or containing any component of the equipment used to produce such sound.
   (b)   Portable music, voice or sound amplification or reproduction equipment shall not be operated in or on a public place or public right-of-way in such a manner as to be plainly audible at a distance of fifty feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible to any person other than the operator.
(Ord. 2008-123. Passed 9-15-08.)
511.03 OTHER NOISE.
   (a)   Commercial and Industrial Noise.
      (1)   No person, corporation, partnership, limited liability company or other entity shall knowingly engage in any commercial or industrial activity within any residential area in a manner which causes or creates a noise disturbance.
      (2)   No person, corporation, partnership, limited liability company or other entity shall knowingly engage in any commercial or industrial activity within any commercial or industrial area in a manner which causes or creates a noise disturbance within any adjoining or contiguous residential area.
   (b)   Other Noise. No person shall knowingly cause or create a noise disturbance within any residential area by any means, except as specifically permitted in this chapter or in Chapter 341. (Ord. 2008-123. Passed 9-15-08.)
511.04 EXEMPTIONS.
   (a)   The prohibitions contained in this chapter shall not be applicable to the activities of departments or divisions of the City, County, State or Federal Government engaged in any activity to protect the public health and safety, maintain the public streets, roads, bridges, sidewalks and other infrastructure, or respond to any emergency or disaster.
   (b)   The prohibitions contained within this chapter shall not be applicable to noise which is normally incidental to commercial or industrial activity and which is caused by such activity conducted within a commercial or industrial area between the hours of 7:00 a.m. and 7:00 p.m., as long as such incidental noise does not create a noise disturbance as defined in Sections 511.01(b)(1) or (b)(2).
 
   (c)   The prohibitions contained within this chapter shall not be applicable to noise which is normally incidental to construction, repair, maintenance, or demolition of structures and appurtenances, or to mowing or trimming lawns or shrubs, or to trimming or removing trees, and which is caused by such activity conducted within a residential area between the hours of 7:00 a.m. and 7:00 p.m., as long as such incidental noise does not create a noise disturbance as defined in Sections 511.01(b)(1) or (b)(2).
   (d)   The prohibitions contained within this chapter shall not be applicable to any activity for which a valid permit has been obtained from the City Manager as set forth herein or in Chapter 341. (Ord. 2008-123. Passed 9-15-08.)
511.05 PERMIT REQUIRED.
   (a)   No person desiring to hold or conduct a concert, street fair, or other social, charitable, or commercial event which may result in a violation of this chapter shall hold or conduct such event without first obtaining a permit from the City Manager. Such permit may be granted if, in the opinion of the City Manager, the noise level and duration will not be injurious to the public health or safety or unduly annoying to a person of ordinary sensibilities.
      (1)   In no event shall any such permit, if issued, allow the music or sound amplification or reproduction equipment to be operated in such a manner that is plainly audible beyond the property line of the premises occupied by the operator or containing any component of the equipment used to produce such sound after 11:00 p.m.
      (2)   The cost of such permit shall be twenty-five dollars ($25.00). No permit shall be issued for more than three continuous days, nor shall any person be issued permits for an event or events at a single location aggregating more than seven days in any thirty-day period.
   (b)   The prohibition set forth in subsection (a) hereof shall not apply to social or sporting events held in or on the property of any public or private school which are attended primarily by students and parents of students and supervised or chaperoned by persons employed by such school. No permit shall be required for such events.
(Ord. 2008-123. Passed 9-15-08.)
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