(a) Definitions. For the purpose of this section certain words and phrases used herein are defined as follows:
(1) A-weighted sound level means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is the dBA.
(2) Continuous airborne sound means sound that is measured by the slow-response setting of a meter manufactured to the specifications of ANSI §1.4-1971 "Specification for Sound Level Meters," or its successor.
(3) Decibel means a unit of level equal to ten times the logarithm (base 10) of the ratio of any two quantities proportional to power.
(4) Multifamily residential building for the purposes of this division means any building developed as a multifamily residential development which is comprised of two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses and attached dwelling units.
(5) Noise disturbance means any sound which disturbs a reasonable person of normal sensitivities, and exceeds the sound level limits set forth in this section.
(6) Non-residential for the purpose of this section means any commercial, industrial, or office use or property containing businesses where retail sales, service providers, professional, governmental and office uses are legally permitted.
(7) Noise level means the sound pressure as measured in dBA by a sound level meter.
(8) Receiving property means the property from where the complaint is made and at which sound levels are measured.
(9) Residential or Residential Use for the purposes of this section means any use or property containing habitually occupied sleeping quarters and located in zoning districts with eight (8) or less dwelling units/acre.
(10) Sound level means the weighted sound pressure levels as measured in dBA by a sound level meter and as specified in the American National Standards Institute (ANSI) specifications for sound-level meters (ANSI §1.4-1971 (r1976). If the frequency weighting employed is not indicated, the A-weighting shall apply.
(11) Sound level meter means an instrument, including a microphone, an amplifier, an output meter and frequency weighting networks, for the measurement of sound levels.
(12) Weekday means Sunday, Monday, Tuesday, Wednesday, Thursday, and any other day that is not a federal paid holiday.
(13) Weekend means Friday, Saturday, and any other day that is a "federal paid holiday."
(b) The operation or maintenance of noise-making, noise-amplifying or noise-producing instruments or devices by which the peace or good order of a neighborhood is disturbed is hereby declared to be a nuisance. No person shall operate or maintain any radio, phonograph, tape player, compact disc player, loudspeaker or any noise-making device, noise-amplifying device, in any public or private place by which the peace and good order of the neighborhood is disturbed or persons owning or occupying property in the neighborhood are disturbed or annoyed pursuant to paragraph (d). "Neighborhood" includes the vicinity of any school, institution of learning, place of worship, court or hospital, while the same in in use.
(c) It shall be unlawful to use, operate, or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose. "Public right-of-way" means a public highway, road, street, avenue, alley, driveway, path, sidewalk, roadway, or any other public place or public way.
(d) No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property in such a manner as to create a sound level that exceeds the sound level limits listed in in Table 1, as measured by a sound level meter at any location at or within the property line of the receptor property. Equivalent-continuous sound levels or average sound levels in excess of those established in Table 1 shall constitute prima facie evidence that such sound is in violation of this chapter.
TABLE 1
PERMISSIBLE SOUND LEVEL LIMITS
Measure at the receiving property the average sound level on dBA scale.
The average sound level measurement taken between twenty (20) and sixty (60) seconds shall be no greater than the maximum levels set out in this table.
Property type | Weekday: Sunday through Thursday | Weekday: Sunday through Thursday | Weekend: Friday, Saturday, Holidays | Weekend: Friday, Saturday, Holidays |
8:00 a.m. to 10:00 p.m. | 10:00 p.m. to 8:00 a.m. | 8:00 a.m. to 11:00 p.m. | 11:00 p.m. to 8:00 a.m. | |
Residential | 65 | 60 | 65 | 60 |
Commercial | 70 | 70 | 70 | 70 |
Industrial | 75 | 75 | 75 | 75 |
(e) With regard to the measurement of permissible sound level limits set forth in Table 1 the following shall apply:
(1) Measurement with a sound meter. The measurement of sound or noise shall be made with a sound level meter meeting the standards as prescribed by the American National Standards Institute, "§1.4 American Standard Specifications for Sound Level Meters." The instruments shall be maintained in calibration and good working order. 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 measurement shall be positioned at approximately fifty-four inches (54") so as to not create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used at all times.
(A) The slow meter response of the sound level meter shall be used in order to best determine the average amplitude. An average measurement between twenty (20) and sixty (60) seconds shall be recorded. All measurements shall be made at least three (3) feet away from any ground, wall, floor, ceiling, roof and other plane surface.
(2) All measurements of sound provided for in this division will be made by qualified officials of the city who are designated by the Director of Public Safety or their designee to operate the apparatus used to make the measurements.
(3) In case of measurements within a multi-dwelling unit building or multi-use property, or when there is a common wall between the receiving property and the source property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three (3) feet of any ground, wall, floor, ceiling, roof or other plane surface.
(f) The Director of Public Safety or their designated representative shall have the authority, consistent with this section, to grant special variances.
(1) Any person seeking a special variance pursuant to this section shall file an application with the Director or their designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, community or other persons.
(2) In determining whether to grant or deny the application, the Director or their designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Any regulations of time, place and manner shall be independent of the content of the speech. Applicants for special variances and persons contesting special variances may be required to submit any information the Director or their representative may reasonably require.
(3) A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
(4) The provisions of this section shall not apply to the following:
A. Noise from crowds or public events unrelated to amplification;
B. Activities in the fields, grounds or facilities of any sporting arena, stadium, or sports complex to which the public or community has access; including the use of unamplified musical instruments or amplified sound on school or educational institution grounds during school sponsored activities;
C. Common carrier stations, including but not limited to, bus stations, transit malls, train stations and airports; or the operation of buses, trains, airplanes, helicopters and trucks in good repair unrelated to speakers or amplification;
D. The operation of public maintenance vehicles, i.e. garbage collection vehicles, street sweepers, and other public maintenance equipment that may operate during early morning hours for the purpose of street maintenance, repair, or trash removal;
E. Road festivals, parades, fireworks displays and special events on private or governmental property which is legally sanctioned or for which an appropriate permit has been obtained from the city in compliance with any conditions imposed by that permit and within the permitted area and any privately owned property located contiguous with any public right of way that is closed pursuant to a parade, road festival, or special event permit;
F. Noise which results from the reasonable use, recreational enjoyment or maintenance of residential property located in the city including, but not limited to, noise made by children, lawn mowers, chippers, clippers, blowers, tools, power tools and tractors during daytime hours;
G. Unamplified bells and chimes including but not limited to those historic, community, and/or educational buildings;
H. Noise from construction or demolition activity. For purpose of this section only, "construction activity" means site preparation, site excavation, and the erection, demolition, alteration or repair of any road, sidewalk, building, structure or other infrastructure;
I. Noise made at the direction of a governmental entity or utility for emergency, health or safety reasons or the emission of sound for the purposes of alerting the public of an emergency or the performance of emergency work;
(g) Any violation of this section is declared to be a nuisance. In addition to any other relief provided by this section, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.
(h) Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree. Nothing in this ordinance prevents the enforcement officer from issuing an official warning in lieu of a first citation. If an official warning is issued, it shall be considered as affording the accused violator one (1) opportunity to comply with this division's provisions. The warning notice will be written and recorded in a method authorized by the Canton Police Department so that no more than one (1) warning will be issued per accused violator.
(Ord. 269-2017. Passed 12-11-17.)