(A) General. Uses that produce objectionable smoke, dust, radiation, odor, noise, glare, fumes or other conditions that adversely affect public health, safety and general welfare are not permitted in any zoning district.
(B) Noise.
(1) Declaration of policy. It is hereby declared to be the policy of the Town of Cave Creek to prohibit excessive or offensive noises from all sources subject to its police power. Above certain levels, excessively loud noises are detrimental to the health, safety and welfare of the citizens of the town, and in the public interest such noises should be eliminated.
(2) Offensive and excessive noise violation. It shall be unlawful and a violation of this section for any person to make, continue, cause to be made or continued, or to allow or permit any excessive or offensive noise, as defined in division (D).
(C) Sound level measurement criteria.
(1) For the purpose of enforcement of the provisions of this section, noise levels shall be measured on the a-weighted scale, with a sound level meter satisfying at least the applicable requirement for Type 2 sound level meters, as defined in the American National Standard S1.4-1971 or the most recent revisions thereof.
(2) Prior to measurement, the meter shall be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used.
(3) Prior to measurement, the meter shall be verified and calibrated according to the manufacturer's specifications.
(D) Enumeration of offensive or excessive noises. The following enumerated acts or conditions may produce offensive or excessive noise that violates the provisions of this section. Enumeration, or the lack thereof, shall not, however, preclude other sources of noise that are offensive and/or excessive from also being in violation of the provisions of this section. Exceptions to the provisions of this division are contained in division (E).
(1) Land use noise.
(a) Classification of land use districts shall include residential (Single-Family Residential, Desert Rural and Multi-Family Residential) and commercial (General Commercial, Commercial Core and Commercial Buffer) zoning districts, as set out in Chapter 4, Use Districts, of the Zoning Ordinance, and shall for purposes of this section be distinguishable as residential and commercial land use classifications, within which the sound levels contained within Table 1 below shall be locally measurable and applied by the use of Leq levels, as defined by § 10.05, and measured in accordance with the methods set forth in § 130.07(C), to evaluate an alleged violation of this section.
(b) It shall be a violation of this section for any person to operate, or to permit to be operated, any site-specific source of sound in which the noise created is in excess of the ambient sound pressure level (Leq) limit (dBA), as indicated in Table 1.
(c) Sound levels shall be measured at:
1. On or about the property line of the parcel from which the noise emission is generated.
TABLE 1 - LIMITING SOUND LEVELS FOR LAND USE DISTRICTS | ||
Land Use District Classifications | Time Periods | Leq Limits (dBA)* |
Residential (DR-190, DR-89, DR-70, DR-43, R-35, R-18, MR-8, MR-14, MR-21, MR-43) | 10:01 p.m. to 7:00 a.m. | 50 dBA |
7:01 a.m. to 10:00 p.m. | 60 dBA | |
Commercial (GC, CC, CB) | 12:01 a.m. to 7:00 a.m. | 60 dBA |
7:01 a.m. to 12:00 a.m. | 75 dBA | |
* The Leq limits (dBA) specified in Table 1 represent the average Leq over a continuously measured two-minute time interval. Partial Leq levels may be obtained as necessary to assure an accurate indication of the representative sound environment for the site. | ||
(2) (a) It shall be unlawful to operate any device, such as a sound truck, loudspeaker or sound amplifier, radio or phonograph with a loud speaker or a sound amplifier, or any instrument that exceeds the allowable noise level for the land use district in which it is located, and which is attached to or upon a vehicle, without the town's prior approval.
(b) Prior to the use of the sound-generating equipment, the operator of a vehicle so equipped shall first apply for, and receive authorization from the Town Marshal.
(3) It shall be unlawful for any person to operate a motor vehicle that is not equipped with a muffler as a part of its exhaust system.
(a) The muffler shall be in good working order and in continuous operation.
(b) It shall be unlawful for any person operating any motor vehicle to use a cutout, by-pass, or similar muffler-elimination mechanism.
(E) Exceptions. The following activities are exempt from the prescribed time and Leq limits, as shown in Table 1 of this section.
(1) Emergencies. Noise resulting from emergencies, including but not limited to, repair of roofs, windows, doors, electrical, plumbing and mechanical (HVAC) shall be permitted whenever necessary. An EMERGENCY shall be defined as any situation where work must be performed in order to minimize damage to property or extreme discomfort to occupants.
(2) Emergency equipment. Safety signals and alarm devices, storm-warning sirens or horns, and the authorized testing of such equipment, emergency vehicle sirens, any electronic equipment or horns used when responding to an emergency, and emergency pressure-relief valves.
(3) Crowd noises. Crowd noises resulting from activities such as those planned for school, governmental or community groups, or duly authorized by such groups.
(4) Construction activities. Noise-generating construction activities on Monday through Saturday shall commence no earlier than 30 minutes prior to official sunrise, as recorded daily by the National Weather Service, and must stop at official sunset, as recorded daily by the National Weather Service. Construction activities conducted on Sundays shall comply with the hours of operation as established within Table 1 of this section.
(5) Ranch use activities. Noise generating ranch use activities shall commence no earlier than 30 minutes prior to official sunrise, as recorded daily by the National Weather Service and must stop at official sunset, as recorded daily by the National Weather Service.
(6) Collection or removal of garbage or refuse, or delivery or pick up of products for sale.
(a) In residential land use districts, noise-generating activities related to the collection or removal of garbage or refuse or the delivery or pick up of products for sale shall be restricted to between the hours of 5:30 a.m., or one-half hour before sunrise, whichever is earlier, and 9:00 p.m. (MST).
(b) In commercial land use districts, noise-generating activities related to the collection or removal of garbage or refuse or the delivery or pick up of products for sale shall be restricted to between the hours of 5:30 a.m., or one-half hour before sunrise, whichever is earlier, and 11:00 p.m. (MST).
(F) Enforcement.
(1) Violation a public nuisance. The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this section shall be deemed, and is declared to be, a public nuisance, and shall be subject to abatement as such.
(2) Town Marshal’s Office as enforcement agency. The Town Marshal's Office shall coordinate the implementation of this section, in conjunction with the Maricopa County Sheriff's Office, so as to ensure uniform and consistent enforcement.
(3) Multiple property owners' nuisance complaints. Multiple property owners’ nuisance complaints about noise levels emitted from a single source, which are confirmed by the Town Marshal, may constitute a violation of the nuisance provisions of this section. The nuisance complaint may be deemed valid even if the noise emitted is below the dBA limit for the land use district in which it is located.
(4) Stop orders. Whenever any work on a construction project is in violation of the provisions of this section, the Town Building Official may order the construction project stopped by notice, in writing, served on any persons responsible for the project, and any such persons shall forthwith stop work on the project until authorization to proceed is obtained from the Building Official.
(Ord. O-2005-02, passed 2-22-05; Am. Ord. O-2007-02, passed 3-19-07)
Cross-reference:
Nuisances and their abatement, see Ch. 91