(A) An owner of real property and/or property representative, as defined in Chapter 119, shall be responsible for any violation of this section, whether or not the owner and/or property representative is the source of the violation.
(B) It shall be unlawful for any person or business to cause or permit to originate from the real property the person or business controls any sound which crosses a property line at a volume which is unreasonably loud. Any property owner and/or property representative, as defined in Chapter 119, may be cited for any violation of this section.
(C) Given the nature of noise violations, including the harmful and detrimental effects of such violations on neighboring properties, the city waives the requirement that a warning notice be provided prior to the issuance of a violation, and any law enforcement or code officer who believes that a violation of this chapter is or has occurred may forego providing a written warning and issue a notice to appear or a notice of violation.
(D) No person shall make, continue or cause to be made or continued any sound disturbances that violate the noise limitations as defined in this section.
(E) For the purpose of measuring the volume of sound, the measurement of sound shall be made with a sound level meter operating on the A and C weighting scale of any standard design and quality meeting the standards prescribed by the ANSI. The instruments shall be maintained in calibration and good working order. Measurements recorded shall be taken so as to provide a proper representation of the sound source.
(1) The measurement shall be made at or beyond the real property line of the property on which the sound is generated, or perceived, as appropriate, approximately five feet above ground.
(2) In the case of an elevated or directional sound source, compliance with the sound limits is to be maintained at any elevation at or beyond the real property line.
(F) On nonresidential property between the hours of 7:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 7:00 a.m. and 11:00 p.m., Friday and Saturday, no person shall make, cause, allow, or permit the operation of any continuous source of sound in such a manner as to create, when measured at or beyond the real property line of the property from which the sound emanates, a sound level that exceeds 80 dBA or 80 dBC.
(1) On nonresidential property between the hours of 10:00 p.m. and 7:00 a.m., Sunday night/Monday morning through Thursday night/Friday morning, and between the hours of 11:00 p.m. and 7:00 a.m., Friday night/Saturday morning and Saturday night/Sunday morning, no person shall make, cause, allow, or permit the operation of any continuous source of sound in such a manner as to create, when measured at or beyond the real property line of the property from which the sound emanates, a sound level that exceeds 75 dBA or 75 dBC.
(2) On residential property between the hours of 7:00 a.m. and 10:00 p.m., no person shall make, cause, allow, or permit the operation of any continuous source of sound in such a manner as to create, when measured at or beyond the real property line of the property from which the sound emanates, a sound level that exceeds 65 dBA or 65 dBC.
(3) On residential property between the hours of 10:00 p.m. and 7:00 a.m., no person shall make, cause, allow, or permit the operation of any continuous source of sound in such a manner as to create, when measured at or beyond the real property line of the property from which the sound emanates, a sound level that exceeds 55 dBA or 55 dBC. (See § 100.03 below regarding quiet hours). Any property owner and/or property representative, as defined in Chapter 119, may be cited for any violation of this section.
(Ord. O-95-35, passed 7-5-95; Am. Ord. O-2018-10, passed 6-6-18; Am. Ord. O-2021-05, passed 4-7-21)