Loading...
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)
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)
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)
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)
TABLE 1
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS (Leq) TABLE
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)
NOISE AREA CLASSIFICATIONS
Type A | Property use activities/examples: | |
Single-family residential structure that does not share a common wall with residential or any other use | ||
Type B | Property use activities/examples: | |
All other residential uses not included in type A including, but not limited to: | ||
Apartment/condominium/twin home/poli-plex | ||
Group home, community living | ||
Mobile home park or court | ||
Residential hotel/motel | ||
Transient lodging | ||
Camping and picnicking areas (designated) | ||
Correctional institution | ||
Cultural activity and nature exhibition | ||
Medical/other health service | ||
Religious, church activity | ||
Resort, group camp | ||
School, educational institution activity | ||
Other cultural, recreational activity | ||
Type C | Property use activities/examples: | |
Retail trade: | ||
Aircraft and accessories | ||
Apparel and accessories | ||
Automotive and accessories, gas stations | ||
Building materials | ||
Farm equipment | ||
Food, eating and drinking, other recreation (bar, discotheques, clubs) | ||
Furniture, home furnishings and equipment | ||
General merchandise | ||
Hardware | ||
Marine craft and accessories | ||
Other retail trade: | ||
Amusements (except fairgrounds and amusement parks) | ||
Automobile parking | ||
Business services | ||
Contract construction services | ||
Finance, insurance, and real estate services | ||
Governmental services (except correctional institutions) | ||
Legal services | ||
Miscellaneous services (except religious activities) | ||
Parks | ||
Personal services | ||
Repair services | ||
Other professional services | ||
Type D | Property use activities/examples: | |
Agricultural | ||
Agricultural and related activities | ||
Aircraft transportation (except passenger terminals) | ||
Apparel and other finished products made from fabrics, leather and similar materials - manufacturing | ||
Chemicals and allied products - manufacturing | ||
Event and entertainment venues | ||
Fabricated metal products - manufacturing | ||
Fairgrounds and amusement parks | ||
Fishing activities and related services | ||
Food and kindred products - manufacturing | ||
Forestry activities and related services (including commercial forest land, timber production, and other related activities) | ||
Furniture and fixtures - manufacturing | ||
Highway and street right of way communication (except telegraph message centers) | ||
Lumber and wood products (except furniture) - manufacturing | ||
Marine craft transportation (except passenger and freight terminals) | ||
Mining activities and related services | ||
Miscellaneous manufacturing (except motion picture production) | ||
Motor vehicle transportation (except passenger terminals) | ||
Noncommercial forest development | ||
Other resource production and extraction | ||
Other transportation, communication and utilities (except transportation services and arrangements) | ||
Other undeveloped land and water areas | ||
Paper and allied products - manufacturing | ||
Petroleum refining and related industries | ||
Primary metal industries | ||
Printing, publishing, and allied industries | ||
Professional, scientific, and controlling instruments, photographic and optical goods, watches and clocks - manufacturing | ||
Racetracks | ||
Railroad, rapid transit, and street railway transportation (except passenger terminals) | ||
Rubber and miscellaneous plastic products - manufacturing | ||
Stone, clay, and glass products - manufacturing | ||
Textile mill products - manufacturing | ||
Under construction | ||
Undeveloped and unused land area (excluding noncommercial forest development) | ||
Utilities | ||
Vacant floor area | ||
Water areas | ||
All other activities not otherwise listed | ||
All other property uses not previously identified | ||
(Ord. 2012-25, 12-13-2012)