It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally continued to effectuate that purpose. (Ord. 370, 8-8-2000)
For the purposes of this chapter, the following definitions shall apply:
BACKUP BEEPER: | A back-up beeper, also known as back-up alarm or vehicle motion alarm, is a device intended to warn passers-by of a vehicle moving in reverse. |
CITY: | Eagle, Idaho, or the area within the city limits of Eagle, Idaho. |
COMMON AREA(S): | The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner. |
CONSTRUCTION NOISE, LIMITED: | Noise from any and all physical activity necessary or incidental to the erection, placement, demolition, assembling, altering, cleaning, repairing, installing or equipping of buildings and other structures, and site work for roads, utility lines, land clearing, grading, excavating, filling and paving, but not permitting noise from hoe rams, jackhammers, pile drivers, slamming tailgates, vibrating compaction equipment, vehicles with backup beepers engaged in reverse or moving in a reverse direction except for concrete trucks, concrete pumping vehicles, and any vehicle being used for emergency purposes, or other activities of similar noise. |
EMERGENCY: | Occurrence or imminent threat of a disaster or condition threatening life or property that requires immediate action to save lives and protect property or to avert or lessen the threat of a disaster. |
EMERGENCY VEHICLE: | A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency. |
LANDSCAPE MAINTENANCE NOISE, LIMITED: | Noise from the use of lawn mowing equipment, leaf blowers, weed eaters, edgers and other landscape maintenance activities generating similar noise being used for common areas and non-residential properties. |
LOUD OR OFFENSIVE NOISE: | Any noise which is plainly audible within any residence or business other than the source of the sound, or upon a public right of way or street at a distance of one hundred feet (100') or more from the source of such sound. |
PERSON: | Any individual, association, organization, or entity having a legally recognized existence, whether public or private. |
PLACE OF RESIDENCE: | Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.) each individual unit shall be considered a separate residence for the purposes of this chapter. |
PLAINLY AUDIBLE: | Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 370, 8-8-2000; amd. Ord. 851, 9-14-2021) |
A. Except as stated below, between the hours of ten o'clock (10:00) P.M. one day and eight o'clock (8:00) A.M. the next day, it shall be unlawful for any person or business to make or cause loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, vibrating compaction equipment, vehicles with backup beepers engaged in reverse or moving in a reverse direction except for any vehicle being used for emergency purposes. other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area.
B. Construction Noise, Limited: May begin at seven o’clock (7:00) A.M., Monday through Friday, except that, during the summer months of June, July and August construction noise, limited, may begin at six o'clock (6:00) A.M. Monday through Friday.
C. Landscape Maintenance Noise, Limited: May begin at seven o-clock (7:00) A.M., Monday through Friday, except that, during the summer months of June, July and August landscape maintenance noise, limited, may begin at six o'clock (6:00) A.M. Monday through Friday. (Ord. 457, 9-9-2003; amd. Ord. 851, 9-14-2021)
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