9.48.110: SWIMMING POOL EQUIPMENT:

No person shall operate or maintain, nor shall any person cause, allow, permit, or fail to control the operation or maintenance of any swimming pool equipment used to operate a swimming pool or spa, including, but not limited to, the heater, pump, filter, water conditioner, disinfection equipment, hydrojets or other accessory equipment that exceeds the maximum allowable sound pressure levels set forth in section 9.48.170, table 1 of this chapter when measured at a type A or type B property use so as to cause a noise nuisance. (Ord. 2012-25, 12-13-2012)

9.48.120: WATER FEATURES:

No person shall install, operate, or maintain, nor shall any person cause, allow, permit, or fail to control the installation, operation, or maintenance of any manmade water feature or equipment associated with any manmade water feature including, but not limited to, ponds, waterfalls, fountains, recirculating pumps, aerators, or other similar features or equipment so as to:

   A.   Be plainly audible at a type A or type B property use between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. so as to cause a noise nuisance. (Ord. 2012-25, 12-13-2012)

9.48.130: MUSIC AND SOUND AMPLIFICATION:

With the exception of declaring an emergency, no person shall operate, play, nor shall any person cause, allow, permit, or fail to control the operation or playing of any personal or commercial sound amplification, or sound reproduction equipment, or musical instruments, or similar devices in such a manner:

   A.   So as to exceed the maximum allowable sound pressure levels set forth in section 9.48.170, table 1 of this chapter when measured at a type A or type B property use;

   B.   Which emits a plainly audible noise at a type A or type B property use between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.;

   C.   That causes a crowd noise nuisance at a type A or type B property use between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. (Ord. 2012-25, 12-13-2012)

9.48.140: EXEMPTIONS:

   A.   Agricultural Practices: Noise resulting from the use of farm equipment or activities or off highway implement of husbandry for recognized and acceptable agricultural practices shall be exempt from this chapter provided that:

      1.   All reasonable efforts have been made to minimize the impact on the community;

      2.   The equipment is operating within manufacturer's specifications;

      3.   All noise control systems are in constant use, in good working order, and in compliance with this chapter;

      4.   All equipment is in good mechanical working condition so as to not emit excessive or unusual sounds;

      5.   The equipment is used between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M.; and

      6.   This subsection shall not be construed to prohibit noises resulting from agricultural equipment between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. within three hundred feet (300') of a type A or type B property use that result from harvesting a crop or other similar activity within an agriculturally zoned area.

   B.   Human Voice: Noise resulting from the unamplified human voice shall be exempt from this chapter, provided the person is not in a public entertainment venue and is not shouting.

   C.   Military Operations: Noise resulting from the emission of sound in the performance of military operations, exclusive of travel by individuals to or from military duty shall be exempt from this chapter.

   D.   Railway And Interstate Highways: Noise resulting from railways and interstate highway traffic noise, when operating in accordance with all local, state and federal laws shall be exempt from this chapter.

   E.   Road Sweepers: Noise resulting from road sweepers when operated for the purposes of cleaning highways or any other public right of way shall be exempt from this chapter.

   F.   Sporting Events: Noise resulting from activities directly related to the field of play (e.g., whistles, shouting plays, revving engines) during a sporting contest including, but not limited to, football, soccer, baseball, drag racing, or similar event that are sanctioned by the Utah High School Activities Association (UHSAA), National Collegiate Athletic Association (NCAA), other professional organization, or organized sport association shall be exempt from this chapter. Events continuing after curfew will be exempted provided the event began sufficiently early that it would be reasonably expected that ninety five percent (95%) of a similar class of events would have been completed by ten o'clock (10:00) P.M. This subsection shall not apply to any amplified sound sources, fireworks, or the maximum sound pressure level restrictions set forth in section 9.48.170, table 1 of this chapter.

   G.   Swimming And Spa Pools: Noise resulting from the splashing of water caused by reasonable swimming associated activities within a spa or swimming pool between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M. shall be exempt from this chapter.

   H.   School Events: Noise resulting from activities directly related to any school event including, without limitation, school sporting events and/or school dances shall be exempt from this chapter.

   I.   Holladay City Sponsored Events: Noise resulting from activities directly related to any public event or private event that is permitted by or sponsored by the city of Holladay shall be exempt from this chapter.

   J.   Holladay City Road Construction Projects: Noise resulting from construction related activities within a public right of way which is shared by jurisdictional boundary of an abutting municipality or State, Public Lands. (Ord. 2012-25, 12-13-2012; amd. Ord. 2020-04, 3-12-2020)

9.48.150: INTERPRETATION OF CHAPTER:

In interpreting and applying the provisions of this chapter, the requirements contained herein are declared to be the minimum required for the purposes set forth. Notwithstanding the foregoing, whenever the provisions of this chapter conflict with any other ordinances pertaining to the same subject, the more restrictive provisions shall prevail. (Ord. 2012-25, 12-13-2012)

9.48.160: VIOLATION OF CHAPTER:

Violation of any noise ordinance shall constitute a class B misdemeanor, as defined by the Utah Code Annotated. Each day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such. (Ord. 2012-25, 12-13-2012)

9.48.170: MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS:

TABLE 1
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS (Leq) TABLE

 

Receiving Property Use1	Between 10:00 P.M. And 8:00 A.M.	Between 8:00 A.M. And 10:00 P.M.
Type A	5 dBA above ambient sound not to exceed 50 dBA	10 dBA above ambient sound not to exceed 60 dBA
Type B	5 dBA above ambient sound not to exceed 55 dBA	10 dBA above ambient sound not to exceed 65 dBA
Type C	5 dBA above ambient sound not to exceed 70 dBA	10 dBA above ambient sound not to exceed 70 dBA
Type D	5 dBA above ambient sound not to exceed 75 dBA	10 dBA above ambient sound not to exceed 75 dBA

 

Note:

    1.    See section 9.48.180, "Appendix A", of this chapter referencing property use examples.

(Ord. 2012-25, 12-13-2012)