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JUNKYARDS
(A) There shall be constructed and maintained about the perimeter of every junkyard or similar yard, a fence at least 6 feet in height. This fence shall be constructed of masonry woven wire, or solid wood or corrugated iron may be used provided it is painted every 3 years, and shall be located within the boundary lines of the property concerned. Any and all gates in the fence shall be locked when the property is not in actual use.
(B) Every property owner affected by this section shall have 90 days from December 6, 1960, in which to comply with the provisions hereof.
(1979 Code, § 95.40) (Ord. 1971, passed 12-6-1960) Penalty, see § 95.999
NOISE CONTROL
(A) Loud noises prohibited. No person shall make, continue, or cause to be made or continued any unreasonably loud, raucous, improper, continuous, offensive or unusual noise which disturbs, injures or endangers the reasonable comfort, repose, health, peace or safety of others within the city.
(B) Prohibited noises. The following acts, among others, are declared to be loud, raucous or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any unreasonably loud and raucous sound; and any such signaling device for an unreasonable period of time; (The use of any signaling device except 1 operated by hand, electricity, or automatically when a vehicle is in reverse; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.)
(2) Using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated, and who is a voluntary listener; (The operation of any such set, instrument, phonograph, machine or device, in such a manner as to be plainly audible at a distance of 35 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.)
(3) Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
(4) Yelling, hooting, whistling or singing on the public streets, or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any person in the vicinity;
(5) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity;
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner as to create unreasonably loud and unnecessary engine noise, grating, grinding, rattling or other noise;
(8) The operation of any motor vehicle or motorcycle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling or other vehicle disrepair;
(9) The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(10) The erection (including excavating), demolition, alteration or repair of any building, other than between the hours of 5:30 a.m. and 9:00 p.m., except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner; (The permit may be granted for a period not to exceed 3 days or less while the emergency continues, and may be renewed for a period of 3 days or less while the emergency continues. If the Building Commissioner shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 9:00 p.m. and 5:30 a.m., and further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 9:00 p.m. and 5:30 a.m., upon application being made at the time the permit for work is awarded or during the progress of the work.)
(11) The creation of any unreasonably loud or raucous noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which unduly disturbs patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;
(12) The shouting and crying of peddlers, hawkers and vendors which disturbs the reasonable peace and quiet of the neighborhood;
(13) The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;
(14) The transportation of rails, pillars or columns of iron, steel or other materials over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, loaded so as to cause loud and raucous noises so as to disturb the reasonable peace and quiet of such streets or other public places;
(15) The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by unreasonably loud or unusual noise;
(16) The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes unreasonably loud and raucous noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise;
(17) Any noise that exceeds a noise level of 83 dBA based on a distance from the noise source of not less than 15 feet, or any noise that can be heard more than 35 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by division (A) of this section. Noise that creates less decibels than 83 dBA from 15 feet also constitutes noise prohibited by division (A) if the noise otherwise constitutes a prohibited noise stated at division (B) of this section. Further, there is not any decibel measurement requirement to prove the existence of a noise prohibited by division (A).
(18) Operation by a business of outdoor public address systems within 500 feet of any residence.
(C) It shall be the duty of every homeowner, hotel manager, tavern or inn keeper, the owner or manager of any business in the city or motor vehicle driver to prevent persons using property under their control from violating this section.
(1979 Code, § 95.45) (Ord. 4178, passed 10-3-1994; Am. Ord. 4433, passed 7-12-1999; Am. Ord. 5116, passed 7-7-2008
) Penalty, see § 95.999
(A) Definitions. For the purpose of this section and § 95.095(B)(17), the following definitions shall apply:
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network or a sound level which can be heard not less than 50 feet from its source, whichever of these 2 measurements is exceeded. The level so read is designated dB(A) or dBA.
DECIBEL(dB). A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
NOISE LEVEL. The A-weighted sound level produced by a motor vehicle.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighting networks used to measure sound pressure levels. The instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made on a dB(A) scale.
(B) Noise limit.
(1) It shall be unlawful for any person to cause noise levels from the operation or use of motor vehicles in excess of 83 dB(A) in any area within the corporation limits of the city at any time.
(2) The noise level limit shall be measured at a distance of not less than 15 feet from the noise source.
(1979 Code, § 95.46) (Ord. 4178, passed 10-3-1994; Am. Ord. 4433, passed 7-12-1999
; Am. Ord. 5116, passed 7-7-2008
) Penalty, see § 95.999
The provisions of §§ 95.095 and 95.096 shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency, or to outside school activities sponsored by a school located within the boundaries of the city.
(1979 Code, § 95.47) (Ord. 4178, passed 10-3-1994)
(1) Holidays, celebrations, concerts, parades or other special events, public or personal;
(2) Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of §§ 95.095 and 95.096 would constitute an unreasonable hardship on the applicant, the community or other persons; and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by the hardship; and (Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity.)
(3) Noncompliance with any condition of the permit shall terminate and subject the person holding it to the provisions of this division.
(B) The Board of Public Works shall issue guidelines defining the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit. The Board shall also determine fees for those permits to be issued.
(1979 Code, § 95.48) (Ord. 4178, passed 10-3-1994)
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