A. Permitted Amplified Sound: Except as otherwise provided herein, it is unlawful for any person to make, create, continue or cause to be made, created or continued, any loud or unnecessary noise, regardless whether the source of the noise occurs inside or outside of a building, which noise disturbs or injures others within the limits of the city, or which adversely affects the comfort, health, peace or safety of others within the limits of the city.
1. Amplified sound may be permitted with an approved special events permit, an approved park reservation or an approved amplified sound permit, provided the amplified sound shall be limited to the hours between ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M.
2. Amplified sound may be permitted with an approved special events permit for an event expected to attract more than one thousand five hundred (1,500) people at any time in "city parks", as defined by title 12, section 12.14.020 of this code and at Hailey's multipurpose arena, provided the amplified sound shall be limited to the hours between ten o'clock (10:00) A.M. and eleven o'clock (11:00) P.M.
3. Amplified sound may be permitted with an approved special event permit for an occasional event determined to be of significant benefit to the community, in which case the city may condition approval on the use of amplified sound during limited hours deemed appropriate based on the event and proximity to neighborhoods.
B. Prohibited Noise: Except as otherwise provided herein, the following acts are declared to constitute the making of loud, disturbing and unnecessary noises in violation of this section, but the enumeration contained in this subsection shall not be deemed to be exclusive:
1. Radios, Phonographs, Loudspeakers And Sound Amplifiers: The using, playing or operating, or permitting the playing, using or operating, of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or inhabitants, including the projection of volume or sound louder than is necessary for the hearing of the person or persons in a building or vehicle in which such machine or device is operated. The operation of any such radio, television, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device in such a manner as to be plainly audible at a distance of fifty feet (50') from the property line of any property where the same is located, or at a distance of fifty feet (50') from any vehicle in which the same is located, shall be prima facie evidence of violation of this section, except with an approved special event permit, an approved park reservation permit or an approved amplified sound permit.
2. Building And Site Construction, Alteration, Demolition, Repair And Maintenance: The construction, including excavation, of new buildings and the demolition, alteration or repair of any existing building, except between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on weekdays and eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M. on Saturdays and nine o'clock (9:00) A.M. to seven o'clock (7:00) P.M. on Sundays, except in cases where urgent necessity in the interest of public health and safety has been demonstrated to the city administrator and except sounds emitted by snow removal and yard maintenance equipment in operation.
3. Pile Drivers, Hammers, Etc.: The operation of any pile driver, pneumatic hammer, derrick, ram or electric hoist, the use of which involves loud or unusual noise, and blasting or any other use of explosives, except between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday, except in cases where urgent necessity in the interest of public health and safety has been demonstrated to the city administrator.
4. Animals: The keeping of any animal under circumstances where resulting frequent or long, continuous noise disturbs the peace, comfort or repose of other persons in the vicinity where the animal is kept.
5. Noise Levels: Unless otherwise permitted pursuant to an approved special event permit, amplified sound permit or park reservation, noise in excess of the following levels as measured at the property line or at the party wall between the units (if the property consists of multiple apartment units) in the following zoning districts as determined by the Hailey zoning ordinance within the city during the following times:
Zoning District | Nighttime 10:00 P.M. To 7:00 A.M. | Evening 7:00 P.M. To 10:00 P.M. |
LI, TI, SCI | 65 dB | 65 dB |
B, LB | 65 dB | 65 dB |
C. Amplified Sound Permit Required: An amplified sound permit is required for those events where any of the source of amplified sound is located outside of an enclosed building.
1. An amplified sound permit application must be completed and filed with the city five (5) business days prior to the event date. An amplified sound permit may be administratively approved after an applicant submits the following information on a form provided by the city:
a. The name, address and telephone number of the applicant;
b. The address of the location of the property where the amplified sound will be generated;
c. The maximum decibel level expected to be generated;
d. The time during which the sound equipment will be used;
e. An application fee, if established by separate resolution; and
f. A statement that the applicant has obtained a copy of the applicable requirements of this section and agrees to comply with all applicable requirements.
2. An amplified sound permit may be administratively approved upon finding that the requirements of this chapter have been met.
3. The chief of police or his/her designee shall approve the application unless one of the following findings are made:
a. Use of the equipment would constitute a detriment to traffic safety;
b. The issuance of the permit would be otherwise detrimental to the public health, safety or welfare;
c. The issuance of the permit will substantially interfere with the peace and quiet of the neighborhood or the community;
d. The applicant would violate the provisions of this code or any other law.
4. Upon approval of an amplified sound permit, a Hailey police officer may visit the property on the day of set up of the amplified sound equipment to measure the decibel level emitted and mark the maximum decibel level permitted on the equipment.
5. An amplified sound permit shall include the minimum conditions that any amplified sound shall be limited between ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M., and that any amplified sound shall not exceed ninety (90) dB measured at the property line at any time during the event; provided, however, the chief of police or his/her designee is authorized to impose more restrictive conditions.
6. In the event the permit application is not approved, the chief of police or his designee shall state the reason(s) for such in writing and provide the applicant with the written statement.
7. Any person whose permit application is denied may appeal to the city council within ten (10) calendar days from the date of notification of decision.
D. Penalties: Any person who violates any provision of this section shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not exceeding three hundred dollars ($300.00), imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. (Ord. 1144, 2014; Ord. 1127, 2013; Ord. 1084 § 1, 2011; Ord. 553 §§ 1 - 3, 1990)