GENERAL PROVISIONS

§ 131.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   “A” BAND LEVEL.  The total sound level of all noise as measured with a sound level meter using the “A” weighting network. The unit is the dbA.

   AMBIENT NOISE.  The all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.

   BAND PRESSURE LEVEL or BAND PRESSURE LEVEL OF A SOUND. For a specified frequency band, shall mean the sound pressure level for the sound contained within the restricted band.

   COMMERCIAL PURPOSE.  The use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods or any services, or for the purpose of attracting the attention of the public to or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any sound equipment.

   CYCLE.  The complete sequence of values of a periodic quantity which occurs during a period.

   DECIBEL (db).  A unit of level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

   EMERGENCY WORK.  Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

   FREQUENCY or FREQUENCY OF A FUNCTION PERIODIC IN TIME.  The reciprocal of the primitive period. The unit is the cycle per unit time and shall be specified.

   MICROBAR.  A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.

   MOTOR VEHICLES.  Includes, but not be limited to, minibikes and go-carts.

   NONCOMMERCIAL PURPOSE.  The use, operation or maintenance of any sound equipment for other than a commercial purpose. NONCOMMERCIAL PURPOSE shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.

   PERIOD or PERIOD OF A PERIODIC QUANTITY.  The smallest increment of time for which the function repeats itself.

   PERIODIC QUANTITY.  Oscillating quantity, the values of which recur for equal increments of time.

   SOUND AMPLIFYING EQUIPMENT.  Any machine or device for the amplification of the human voice, music or any other sound. SOUND AMPLIFYING EQUIPMENT shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. SOUND AMPLIFYING EQUIPMENT, as used in this chapter, shall not include warning devised on authorized emergency vehicles or horns or other warning devised on any vehicle used only for traffic safety purposes.

   SOUND ANALYZER.  A device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.

   SOUND-LEVEL METER.  An instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of noise and sound levels in a specified manner.

   SOUND PRESSURE LEVEL.  In decibels of a sound shall mean 20 times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.

   SOUND TRUCK.  Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

   SPECTRUM or SPECTRUM OF A FUNCTION OF TIME.  A description of its resolution into components, each of a different frequency.

(Prior Code, § 17-19)  (Ord. 73-5, passed 6-11-1973)

§ 131.02 DECIBEL MEASUREMENT CRITERIA.

   Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000 or as measured with a sound level meter using the “A” weighting.

(Prior Code, § 17-20)  (Ord. 73-5, passed 6-11-1973)

§ 131.03 LOUD, UNNECESSARY AND UNUSUAL NOISES.

   (A)   It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

   (B)   The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

      (1)   The volume of the noise;

      (2)   The intensity of the noise;

      (3)   Whether the nature of the noise is usual or unusual;

      (4)   Whether the origin of the noise is natural or unnatural;

      (5)   The volume and intensity of the background noise, if any;

      (6)   The proximity of the noise to residential sleeping facilities;

      (7)   The nature and zoning of the area within which the noise emanates;

      (8)   The density of the inhabitation of the area within which the noise emanates;

      (9)   The time of the day or night the noise occurs;

      (10)   The duration of the noise;

      (11)   Whether the noise is recurrent, intermittent or constant; and

      (12)   Whether the noise is produced by a commercial or noncommercial activity.

(Prior Code, § 17-21)  (Ord. 73-5, passed 6-11-1973)  Penalty, see § 10.99

§ 131.04 UNLAWFUL NOISE NEAR SCHOOLS, HOSPITALS AND CHURCHES.

   It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonable interferes with the workings of that institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in those streets, sidewalks or public places indicating the presence of a school, church or hospital.

(Prior Code, § 17-22)  (Ord. 73-5, passed 6-11-1973)  Penalty, see § 10.99

SPECIFIC NOISE SOURCES

§ 131.15 RADIO, TELEVISION SETS AND THE LIKE.

   (A)   Use restricted.  It shall be unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

   (B)   Prima facie violation.  Any noise exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.

(Prior Code, § 17-29)  (Ord. 73-5, passed 6-11-1973)  Penalty, see § 10.99

§ 131.16 HAWKERS AND PEDDLERS.

   It shall be unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses; provided, however, this shall not include the auction of personal property or real estate by a licensed auctioneer employed by the owner thereof. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events.

(Prior Code, § 17-30)  (Ord. 73-5, passed 6-11-1973)  Penalty, see § 10.99