It is hereby declared to be the policy of the city to minimize the exposure of citizens to the physiological and psychological harm of excessive noise and to protect, promote and preserve the public health, comfort, convenience, safety and welfare. It is the express intent of the city to control the level of noise in a manner which promotes commerce; protects the sleep and repose of citizens; promotes the use, value and enjoyment of property; and preserves the quality of the environment.
(Ord. 9-8-05B, passed 9-8-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAYTIME HOURS. The hours between 7:00 a.m. on one day and 10:00 p.m. the same day.
dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or less which demands immediate action.
EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, or which is otherwise necessary to restore property to a safe condition following a fire, accident or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities.
NIGHTTIME HOURS. The hours between 10:00 p.m. on one day and 7:00 a.m. the following day.
NONRESIDENTIAL PROPERTY. Any real property within the limits of the city which is not included in the definition of residential property.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley or other property which is owned or controlled by a governmental entity.
RESIDENTIAL PROPERTY. Any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless the premises are actually occupied and used primarily for purposes other than human habitation.
SOUND NUISANCES. Any sound which either exceeds the maximum permitted sound levels specified in this chapter, or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace and/or safety of a person of ordinary sensibilities.
(Ord. 9-8-05B, passed 9-8-2005)
(A) No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that when measured, as provided in this chapter, exceeds the applicable dB(A) level listed as follows for the property on which the sound is received:
(1) Residential property:
(a) During daytime hours, 65 dB(A); and
(b) During nighttime hours, 60 dB(A).
(2) Nonresidential property: During either daytime or nighttime hours, 70 dB(A).
(B) The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the dB(A) levels set forth in this section is a violation of this section. Evidence that an activity or sound source produces a sound that exceeds dB(A) levels specified in this section, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of a sound nuisance which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within limits of the city in violation of this chapter.
(Ord. 9-8-05B, passed 9-8-2005) Penalty, see § 95.99
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