(A) Subject to the provisions of this section, the creating of any unreasonably loud, disturbing and unnecessary noise is prohibited. Noise of such character, intensity or duration as to be detrimental to the life and health of any individual or in disturbance of the public peace and welfare is prohibited.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMBIENT NOISE. The all-encompassing noise associated with a given environment being usually a composite of sounds from many sources, near and far.
BANK PRESSURE LEVEL. Sound for a specified frequency band is the sound pressure level for sound contained within the restricted band. The reference pressure must be specified.
CYCLE. The complete sequence of values of a periodic quantity that occur during that period.
DECIBEL or db. One-tenth of a BEL and is a unit level when the base of the logarithm is the tenth root to ten and the quantities concerned are proportional to power.
PERSON. Any person, person’s firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature.
SOUND ANALYZER. A device for measuring the band pressure spectrum level of a sound as a function of frequency.
SOUND-LEVEL METER. An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for measurement of noise and sound levels in a specific manner.
SOUND PRESSURE LEVEL. In decibels of sound is 20 times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure is for the purpose of this section a reference pressure of 20 micro-newtons per meter squared.
WEIGHTED LEVEL. The total sound pressure level of all noise as measured with a sound level meter using the “A” weighing network. The unit of measurement is the db (A).
(C) All technical definitions are in accordance with American National Standards Institute S1-1960 entitled “Acoustical Terminology.”
(D) It shall be unlawful to operate a motorized vehicle, including, but not limited to, cars, trucks, buses, motorcycles, motorbikes, minibikes and go carts within the corporate limits on private or public property which creates a noise or sound which exceeds the noise level limits set out below:
(1) Trucks and buses over 10,000 pounds.
(a) 87 db (A) measured at 50 feet maximum allowable limit.
(b) 93 db (A) measured at 25 feet maximum allowable limit.
(2) Under 10,000 pounds.
(a) 80 db (A) measured at 50 feet maximum allowable limit.
(b) 86 db (A) measured at 25 feet maximum allowable limit.
(c) 78 db (A) measured at 50 feet maximum allowable limit.
(d) 84 db (A) measured at 50 feet maximum allowable limit.
(e) 93 db (A) measured at 25 feet maximum allowable limit.
(E) Measurement of noise:
(1) The measurement of sound or noise shall be made with a sound level meter meeting those standards prescribed by the American National Standards Institute. The instrument shall be maintained in calibration. A check shall be made of the systems at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source and shall not exceed the above levels as measured in any direction. 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 interfered with the primary noise being measured.
(2) Measurement of noise levels caused by a moving vehicle shall be confirmed by a noise level measurement taken with the vehicle stationary. The driver of the vehicle shall be required to accelerate his or her engine to one-half throttle in order to conduct the noise level reading.
(a) Mufflers. It shall be unlawful for any person to operate or cause to be operated any muffler attached to any motor vehicle or any other mechanized unit which produces noise levels within the corporation exceeding db (A) ratings as set out in the above table and accompanying the subsections above.
(b) Horns and other warning devices. Generally, it shall be unlawful for any person to operate or cause to be operated any horn, siren, whistle, bell or any electronic blast which may be attached to any motor vehicle or other mechanized unit which is in any manner inconsistent with subsection (a).
(c) Trains. It shall be unlawful for any person to operate or cause to be operated a warning device of any type, included, but not limited to, a whistle, horn or electronic blast on trains or vehicles which operate on stationary rails, in excess of 87 db (A) at 50 feet within the corporation for a sustained period of more than 30 seconds, except as may be required by any federal safety regulations requiring sounding of warning signals at grade crossings.
(d) Exempted vehicles. The following uses and activities shall be exempt from noise level regulations:
1. Ambulances, whether owned by private company or Town operated, while upon call to the scene of an accident or an emergency situation;
2. Vehicles used as garbage collection trucks while in performance of duties and used for either loading or processing of garbage and debris, whether privately owned or Town operated;
3. Fire equipment upon emergency call and return;
4. Corporation of Collierville Police equipment and/or other Town, county, state and federal law enforcement equipment upon emergency call;
5. When the trucks have been issued permits by the Collierville Police Department;
6. Vehicular equipment used in connection with the removal of trees, brush, undergrowth and the like, whether privately owned or Town operated;
7. All of the above mentioned vehicles, with the exception of the Town of Collierville equipment, shall be required to maintain mufflers and related equipment within the noise level regulations contained in this section.
(e) Radios, televisions, musical instruments and similar devices.
1. It shall be unlawful to operate or play any radio, television, phonograph, loudspeaker, sound amplifying equipment or similar device on a public right-of-way in a public park or from a motor vehicle which produces or reproduces sound in a manner as to be plainly audible at a distance of 7.5 meters (25 feet).
2. It shall be unlawful to operate or play, or allow to be operated or played, any radio, television, phonograph, musical instrument, loudspeaker or similar device in a residential area that is plainly audible to any person off the premises of the operating party unless a permit has been issued.
3. It shall be unlawful to operate or play any musical instrument on a public right-of- way, in a public park, playground or recreation area which produces sound in such a manner as to be plainly audible at a distance of 15 meters (50 feet), unless a permit has been issued.
(f) Yelling, shouting, hooting and the like. 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 any persons in any hospital, dwelling, hotel or other type of residence or of any person in the vicinity. The keeping of any animal, bird or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity. The use of any automobile, motorcycle, truck or vehicle so out of repair, so loaded or grinding, rattling or other noises.
(g) Blowing whistles. The blowing of any steam whistle 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 upon request of proper municipal authorities.
(h) Building operations. Noise-producing activities, including but not limited to, framing, roofing, grading, the use of trucks, the operation of any tools or equipment associated with the construction (including excavation), demolition, alteration or repair of any building in any residential area or section, other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays or between the hours of 8:00 a.m. and 4:00 p.m. on Saturdays shall be unlawful. Exceptions are permissible in cases of urgent necessity in the interest of public health and safety with written approval from the Town’s Building Official granted for a time period established by the Town’s Building Official. The written approval for any such work shall be available at all times at the building site for review by any Town enforcement officer. This is not intended to regulate non-noise-producing activities.
(i) Loading and unloading operations. The creation of any loud and excessive noise in connection with the loading and unloading of any vehicle or the opening and destruction of bales, boxes, crates and other containers.
1. Noises to attract attention. The use of any drum, loudspeaker or other instrument or device emitting noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
2. Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against the following.
a. Repair of streets and the like. Excavations or repairs of bridges, streets or highways at night, by or on behalf of the municipality, the county or the state, when the public welfare and convenience renders it impracticable to perform such work during the day.
b. Noncommercial and non-profit use of loudspeakers or amplifiers. The reasonable use of amplifiers or loudspeakers in the cause of public addresses which are noncommercial in character and in the course of advertising functions sponsored by non-profit organizations. However, no such use shall be made until a permit thereof is secured from the Town Clerk. Hours for the use of an amplifier or public address system will be designated in the permit so issued and the use of such systems shall be restricted to the hours so designated in the permit.
(j) Manner of enforcement. Violations of this section shall be prosecuted in the same manner as other misdemeanor violations of the Town Code and shall be initiated upon issuance of a traffic citation ticket or brought upon complaint by a private citizen by issuance of a summons, after verification by a police officer using a sound meter.
(k) Violations. Any violation of the provisions of this section shall be punishable by a fine not to exceed $50, or confinement in jail not to exceed 30 days, or both, in the discretion of the court.
(`83 Code, § 10-232) (Ord. passed 11-11-74; Am. Ord. 2013-08, passed 8-12-13)