(A) Radios, Television Sets, and Similar Devices.
(1) It shall be unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the production or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.
(2) Any noise level exceeding the ambient level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.
(B) Schools, Hospitals and Churches. It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church, or hospital.
(C) Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person or normal sensitiveness in any residential neighborhood.
(D) Machinery, Equipment, Fans, and Air Conditioning. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device, mobile or fixed, in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels. The “ambient base noise level” which shall apply is that prescribed for the property into which a noise is being projected.
(E) Construction of Buildings and Projects. It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of sunset of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the City Engineer. No permit shall be required to perform emergency work.
(F) Motor Vehicles.
(1) Vehicle Repair. It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.
(2) Operation. It shall be unlawful to operate a motor vehicle within the city limits which creates a noise or sound which exceeds the noise level limits set out below:
Allowable Noise Levels for Motor Vehicles Sound Level A — Decibels |
Allowable Noise Levels for Motor Vehicles Sound Level A — Decibels | ||
Trucks and buses | Over 10,000 pounds | |
87 measured at 50 feet | Maximum allowable limit | |
93 measured at 25 feet | Maximum allowable limit | |
Under 10,000 pounds | ||
80 measured at 50 feet | Maximum allowable limit | |
86 measured at 25 feet | Maximum allowable limit | |
Passenger cars | 78 measured at 50 feet | Maximum allowable limit |
84 measured at 25 feet | Maximum allowable limit | |
Motorcycles, including other vehicles | 87 measured at 50 feet | Maximum allowable limit |
93 measured at 25 feet | Maximum allowable limit | |
Note:
Measurements of sound for motorized vehicles shall be made throughout the range from idle speed to full throttle and return to idle speed. | ||
(G) Enclosed Places of Public Entertainment.
(1) It shall be unlawful to sustain in any enclosed place of public entertainment including but not limited to a restaurant, bar, café, discotheque, dance hall, any amplitude equal to or in excess of 95 dB(A) sustained for more than 30 seconds.
(2) Such sound or noise is to be measured by a sound level meter approved by the American Standards Association from any area to which the public is invited within any enclosed place of public entertainment.
(H) Noises — Aircraft. It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 87 dB(A) within the city.
(I) Vehicle Horns and Signal Devices. It shall be unlawful for any person to sound any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; or to create by means of any such signal device any unreasonably loud or harsh sound; or to sound such a device for an unnecessary and unreasonable period of time.
(J) Vehicle Operating Noises. It shall be unlawful for any person to use or operate any automobile, motorcycle, bus, streetcar or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(K) Loading, Unloading. It shall be unlawful for any person to create a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(L) Sound Trucks and Amplifiers. It shall be unlawful for any person to use any sound truck or other amplifier or loud speakers for advertising or other purposes except noncommercial public addresses, parades or entertainment for which permits have been granted by the Chief of Police. In cases where a permit has been issued the user of such equipment shall obey the directions of the Chief of Police or his designated representative regarding volume control.
(M) Vibration. No activity or industrial operation shall cause at any time or at any point along the nearest adjacent lot line, earth-borne vibrations in excess of the limits set forth in Column I below. In addition, no industrial operation or activity shall cause at any time or at any point along a residence district boundary line, earth-borne vibrations in excess of the limits set forth in Column II. Vibration shall be expressed as resultant displacement in inches.
Frequency (cycles per second) | Column I Displacement (inches) | Column II Displacement (inches) |
Below 10 | .0008 | .0004 |
10 to 20 | .0005 | .0002 |
20 to 30 | .0002 | .0001 |
30 to 40 | .0002 | .0001 |
40 or over | .0001 | .0001 |
Note: The above tabulation is for steady state vibration which is defined as “continuous vibration,” in contrast to discrete pulses. “Impact vibration,” that is, discrete pulses which do not exceed 100 impulses per minute, shall not produce in excess of twice (2 times) the displacement stipulated above. | ||
(N) Legal fireworks.
(1) It shall be unlawful for any person within any residential zone of the city to use legal consumer fireworks except during the following days and times:
(a) Between the hours of 5:00 p.m. and 12:00 midnight on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9.
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4.
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(d) Between the hours of 3:00 p.m. and 9:00 p.m. as part of Chinese New Year celebrations on Chinese New Year's Eve, Chinese New Year's Day, and three days following Chinese New Year's Day.
(2) Fines for violations of this division (N):
(a) First-time violators will be subject to a $100 fine;
(b) Second-time violators will be subject to a $250 fine;
(c) Third-time and all violations after the third violation of this division will subject the violator to a $500 fine.
(‘85 Code, § 29.06(e)-(q)) (Am. Ord. 12-2020, passed 10-12-20) Penalty, see § 10.99