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Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, or if no time limitation is imposed, then for a reasonable period of time for completion of project. (Ord. 96-41; Ord. 01-42)
Applications for a permit, for other than vehicular traffic, for relief from the noise level designated in this part on the basis of undue hardship may be made to the Mayor. Any permit granted by the Mayor shall contain all conditions upon which the permit has been granted and shall specify a reasonable time for which the permit shall be effective. The Mayor is authorized to designate a fee which reasonably covers administrative costs incurred for the issuance of the permit. The Mayor may grant the relief as applied for if it is found:
A. That additional time is necessary for the applicant to alter or modify the activity or operation to comply with this part; or
C. That no other reasonable alternative is available to the applicant; and
D. The Mayor may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. 96-41; Ord. 01-42; Ord. 11-19)
A. Vehicles Weighing Less Than Ten Thousand Pounds: A noise measured or registered as provided in this article from any vehicles weighing less than ten thousand (10,000) pounds in excess of eighty (80) decibels in the A-weighting scale in intensity is excessive and unusually loud and unlawful.
B. Vehicles In Excess Of Ten Thousand Pounds:
1. A noise measured or registered as provided in this article from any vehicle weighing more than ten thousand (10,000) pounds in excess of eighty eight (88) decibels in intensity on the A-weighting scale shall be and is hereby declared to be excessive and unusually loud and unlawful.
2. Between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., the above decibel levels shall apply to all streets within the City.
3. Between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., the above decibel levels shall apply only to designated streets within the City. Traffic on other than designated streets during these hours shall be subject to the decibel level as provided in subsection A of this section.
C. Designated Streets: Designated streets shall be named by the Mayor. In determining what streets shall be designated, the Mayor shall attempt to preserve low decibel noise levels within residential zones and give primary consideration to major arterial streets which allow travel to commercial areas requiring evening access.
D. Air Compression Brakes: The use of air compression brakes ("jake brakes") within City limits is prohibited, unless otherwise posted by the City Traffic Engineer. (Ord. 4517; 1968 Code §§8-46, 8-47, 8-48; Ord. 01-42; Ord. 09-131; Ord. 11-19)
The requirements, prohibitions and terms of this part shall not apply to any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. The terms of this part shall not apply to those activities of a temporary duration, permitted by law and for which a license or permit has been granted by the City, including parades and fireworks displays. (Ord. 4517; 1968 Code §8-50; Ord. 01-42)
It is unlawful for any person to sell, lease, rent or install any device or sell, rent, lease or operate any vehicle, engine, motor or other mechanical device with a device which when attached to or placed on any vehicle, engine, motor or other mechanical device so as to amplify or increase the noise emitted by it above that emitted by the vehicle, engine, motor or mechanical device in its original factory design. This part shall not apply to devices sold for racing or pleasure purposes and used outside the City or in areas properly authorized by the City for pleasure or racing. It is unlawful for any person to operate a modified vehicle, engine, motor or device within the City and not in a properly authorized area. (Ord. 4517; 1968 Code §8-52; Ord. 01-42)
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