For purposes of this Article, the following terms shall have the meanings ascribed to them as follows:
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency.
Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Noise disturbance means any sound which:
a. Either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities within the City. Elements to be considered in determining whether noise is excessive in a given situation include, but are not limited to, the following: Intensity of the noise, whether the noise is usual or unusual, whether the origin of the noise is natural or unnatural, the intensity of the ambient noise, the proximity of the noise to sleeping facilities, the zoning district within which the noise emanates, the time of day or night the noise occurs, the duration of the noise, whether the noise is continuous or intermittent and whether alternate methods are available to achieve the objectives of the sound-producing activity.
b. Exceeds the sound level limits set forth in this Article.
Person means any person, person's firm, association, co-partnership, joint venture, corporation or any entity public or private in nature.
(Prior code 10-8-1; Ord. 336 §3, 2005; Ord. 347 §1, 2008)
The following acts, which list shall not be deemed to be exclusive, are declared to be loud, objectionable and unnecessary noises and shall be deemed detrimental to the health and safety of the residents of the City and are prohibited by this Article.
(1) General prohibitions. No person or persons shall make, cause to be made, assist in making or continue any excessive, unnecessary, unreasonably loud noise or disturbance or any noise or disturbance which disturbs, destroys or endangers the comfort, health, peace or safety of others within the immediate vicinity of the noise or disturbance as described above in the definitions for unreasonable noise. Without limitations, the commission of one (1) or more of the following acts shall be deemed a violation of this Article and shall be considered as a noise disturbance.
(2) Construction-related activities. Noises emanating from the road construction or from the excavation, demolition, alteration or repair of buildings, structures or property between the hours of 10:00 p.m. and 7:00 a.m.
(3) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public.
(4) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile, motorcycle or other vehicle except as a danger warning; the creation, by means of any other signaling device, of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable periods of time.
(5) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion engine, motorboat or motor vehicle except through a muffler or other device that will effectively prevent loud or explosive noises.
(6) Maximum sound levels for time and land use:
Residential | 8:00 a.m. – 9:00 p.m. | 65 |
9:00 p.m. – 8:00 a.m. | 60 | |
Commercial | 7:00 a.m. – 10:00 p.m. | 70 |
10:00 p.m. – 7:00 a.m. | 65 | |
Industrial | 7:00 a.m. – 10:00 p.m. | 75 |
10:00 p.m. – 7:00 a.m. | 70
|
(Prior code 10-8-1; Ord. 336 §3, 2005; Ord. 347 §1, 2008)
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