Loading...
The following acts are declared to be unlawful:
(A) Operation of sound-amplifying and musical devices. Operation of any public radio, television, phonograph, drum, musical instrument, sound amplifier, loudspeaker, public address system, or similar device that produces, reproduces, or amplifies sound at any hour whatsoever of the day in such a manner as to create a noise disturbance within a public space or a right-of-way, or across a real property boundary, except in conjunction with authorized parades or public functions, a permit for which has been issued by the city.
(B) Loading and handling boxes, materials, and containers. Loading, unloading, opening, closing, or handling boxes, crates, containers, building materials, garbage cans, automobile parts, recyclable materials, or objects between the hours of 9:00 p.m. and 7:00 a.m. daily, from Sunday evening through Friday morning, and 9:00 p.m. through 7:00 a.m. daily, from Friday evening through Sunday morning.
(C) Construction. Operating any tools or equipment in construction, drilling, or demolition work between the hours of 9:00 p.m. and 7:00 a.m. on weekdays or Saturdays, or Sunday before 10:00 a.m. or after 6:00 p.m., in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
(D) Domestic power tools. Operating any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or a similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m., except for snowplowing or snowblowers between the hours of 10:00 p.m. and 5:00 a.m., to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
(E) Emergency signaling devices. It shall be unlawful to intentionally sound any fire, burglar, or civil defense alarm, siren, whistle, or similar device, except for emergency purposes or for testing. Testing shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 8:00 p.m. Any such test shall use only the minimum-cycle test time.
(F) Powered model vehicles. Operating powered model vehicles to create a noise disturbance across a residential real property boundary, in a public space, or within a noise-sensitive zone between the hours of 5:00 p.m. and 10:00 a.m.
(G) Motor vehicle noise. No person shall operate a motor vehicle that causes excessive noise levels because of a defective or modified exhaust system or because of an unnecessary rapid acceleration, deceleration, engine revving, tire squealing, or testing of vehicles. It shall be unlawful for any person to cause the creation of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in the use of automobiles, motorcycles, or other vehicles or appurtenances attached thereto. It shall be unlawful for any person to cause the sounding of any horn, signal device, or attachments on automobiles, motorcycles, bicycles, trucks, busses, or other vehicles except as a necessary warning of danger to a person or a property.
(H) Vibration. Operating any device that creates vibration above the vibration perception threshold of an individual at or beyond the source if on private property or at a distance of 50 feet from the source if on public property. For this subchapter, the expression VIBRATION PERCEPTION THRESHOLD means the minimum ground- or structure-borne vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as a sensation or visual observation of moving objects, without the aid of instruments.
(I) Animals. It shall be unlawful for any person to harbor or keep any animal, bird, or fowl that, by causing frequent or continued noises, shall disturb the comfort or repose of any reasonable person in any dwelling or apartment house or residence.
(J) Horns and signaling devices. Operating a horn or other audible signaling device on any motor vehicle except in an emergency or when required by law.
(K) Participating in noisy parties or gatherings. Participating in any party or gathering between the hours of 12:00 p.m. and 9:00 a.m. gives rise to noise that is plainly audible across property boundaries or between partitions common to two or more persons within a building.
(L) Towing cans behind vehicles. It is unlawful for any person to tow behind any vehicle on the public streets, roads, highways, boulevards or parkways tin cans, pans, buckets, boxes or other articles, or any collection of articles or instruments in such manner as to create or to continue to create any loud noise or clattering sound as the vehicle is being propelled or driven over or along the streets, roads, highways, boulevards, or parkways.
(M) Screaming and whistling. It is unlawful to make any noise on the public streets, or in such close proximity thereto, as to be distinctly and loudly audible on the streets, by any loud and unnecessary talking, calling, shouting, screaming, shrieking, whistling, or by use of any bell, gong, exhaust explosion, or other noise-making devices, whereby the attention, comfort or repose of persons in the vicinity thereof is or is likely to be disturbed.
(N) Public use of loudspeakers and public address systems. It is not unlawful for any person to whom a permit has been granted to use and operate on the public streets and public places of the city a loudspeaker, a public address system, or other devices for the reproduction or transmission of sound, any public celebration, commemoration, entertainment, or for the advertising and publicity, or for making public announcements, or for any other public purpose. Such permits will be:
(1) Granted by the city only as the result of written application, stating the time, place, purpose, and intended use of the loudspeaker, the public address system, or other devices;
(2) Granted if the city believes that the use will promote the public interest, and will not result in blocking traffic or hindering the Fire or the Police Department in the performance of their duty;
(3) Valid for one occasion or event only, and shall be neither continuous, nor transferrable.
(Ord. 5-2022, passed 5-4-2022)
The provisions of § 95.24 shall not apply to the following.
(A) Emergencies. EMERGENCIES include the emission of sound to alert persons to an emergency or the sound made in connection with the performance of emergency work, or to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency.
(B) Public speech. Non-commercial public speech or public assembly activities conducted on any public space for which a permit has been obtained from the city.
(C) School or public programs. Organized school-related or public programs for which a permit has been obtained from the city.
(D) Wedding receptions. Wedding reception celebrations where parades of cars traverse to locations from the wedding ceremony to the wedding reception, with noise makers attached to vehicles.
(E) Special permit activity. Any event for which a permit has been obtained from the city.
(F) Airports. Any airport activity is regulated by federal law.
(G) Police and Fire Departments. The departments may use a soundtrack or public address system upon the streets and public places to direct or educate all vehicular traffic upon streets and public places.
(H) Federal and/or state law. Any activity allowed by federal and/or state law.
(Ord. 5-2022, passed 5-4-2022)
The city has the authority consistent with this subchapter to grant special permits for:
(A) Holidays, celebrations, concerts, parades, or other special events, public or personal;
(B) A person who demonstrates that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of this subchapter would constitute an unreasonable hardship on the applicant, the community, or other persons, and that adverse impact to health, safety, and welfare affected by the permit has been outweighed by such hardship. Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity;
(C) Noncompliance with any condition of the permit shall result in its termination and subject the person holding it to the provisions of this subchapter. The city may issue guidelines defining the procedure to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit;
(D) The city may issue guidelines in the procedure to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit.
(Ord. 5-2022, passed 5-4-2022)
(A) Any violation shall be cause for a notice of violation to be issued by city law enforcement officers and authorized code enforcement personnel, Any authorized officer may issue a notice of violation, and/or an order requiring the immediate abatement, for any source of noise in violation of this subchapter.
(B) To implement this section and for the general purpose of noise and vibration control, the authorized officer shall have, in addition to any other authority vested in him by any other ordinance, the power to:
(1) Conduct studies or monitoring activities authorized by the city related to sound and vibration;
(2) Coordinate the noise and vibration control activities of all municipal departments; and cooperate to the extent practicable with all appropriate state and federal agencies;
(3) Review public and private projects for compliance if they are likely to cause sound or vibration in violation of this subchapter;
(4) Exercise general supervision over any officers and employees, and over the enforcement of all laws pertaining to noise or vibration control;
(6) Investigate complaints of noise and issue such orders as may be necessary to effectuate this subchapter;
(7) Upon presentation of proper credentials, the city may enter and inspect any private property or place when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant or other court order may be sought upon the showing of probable cause to believe that a violation of this subchapter may exist;
(8) Stop any motor vehicle, or operate any powered model vehicle, which is being operated on public space and reasonably suspected of violating this subchapter, and issue a notice of violation,
(Ord. 5-2022, passed 5-4-2022)
(A) Motor vehicles. It shall be unlawful for any person to cause the sound pressure level of the noise emitted during the operation of a light motor vehicle to exceed 80 dBA in speed zones of 35 mph or less within the corporate limits of the city. The sound pressure level measurement shall be made at not less than 15 feet from the edge of the lane of travel of the violation.
(B) Stationary source. It shall be unlawful for any person to cause the sound pressure level to exceed the decibel limits listed below at any point on the boundary of the property where the person is located.
(1) If the person is located within a residential zone, the sound level should be under 55 dBA:
(a) Daily from Sunday evening through Friday morning, 11:00 p.m, to 7:00 a.m.; and
(b) Daily from Friday evening through Sunday morning, 11:30 p.m. to 9:00 a.m.
(2) If the person is located within a commercial zone, the sound level should be under 64 dBA:
(a) Daily from Sunday evening through Friday morning, 11:00 p.m. to 7:00 a.m.; and
(b) Daily from Friday evening through Sunday morning, 11:30 p.m. to 9:00 a.m.
(3) If the person is located within an industrial zone, the sound level should be under 66 dBA:
(a) Daily from Sunday evening through Friday morning, 11:00 p.m. to 7:00 a.m.; and
(b) Daily from Friday evening through Sunday morning, 11:30 p.m. to 9:00 a.m.
(4) If the property boundary lies between two zones, the lower limit shall apply regardless of the zone in which the person creating the noise is located.
(5) In addition to the above, no person within a residential or a commercial zone shall make or cause to be any earth-shaking vibration perceptible without the aid of instruments beyond the property boundary of the vibration source. No person within an industrial zone shall make or cause any earth-shaking vibration perceptible without the aid of instruments beyond the zone boundary of the zone in which the vibration source is located.
(C) Violation.
(1) It shall be deemed a violation each time a sound level exceeds the limits set forth in this subchapter;
(2) Multiple violations may be issued in a day as deemed necessary.
(D) Incorporation of dBA limits. The following appendices to Ordinance 5-2022, providing dBA limits for each zone, are incorporated in this section by reference as if set forth in full herein:
(1) Appendix B, Octave-band breakdowns;
(2) Appendix C, Decibel comparison chart; and
(3) Appendix D, Sound level chart.
(Ord. 5-2022, passed 5-4-2022)
(A) Any person found in violation of the motor vehicle noise limits set forth in this subchapter shall be issued a notice of violation and fined not less than $50 and not more than $500;
(B) Any person found in violation of any other provisions of this subchapter shall be issued a notice of violation of this subchapter.
(1) For a first offense, the fine will not be less than $100 and not more than $2,500.
(2) If a second notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $500 and not more than $2,500.
(3) If a third notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $1,000 and not more than $2,500.
(4) If a fourth notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $2,500 and not more than $5,000.
(5) If any additional notice of violation has been issued within 30 days of the first-cited violation, the citation will be not less than $5,000.
(C) The court may order the city to abate the violation and shall have the authority to impose additional fines to the dependent of not less than $150 and not more than $5,000 per violation.
(D) Each day a violation continues after an action has been commenced shall constitute a separate code section violation. Once an action has been commenced against the person committing the violation, no additional notice under this subchapter shall be required to initiate these separate actions.
(E) In addition to the issuance of a notice for the violation of this subchapter, the authorized officer may bring a civil action in any court of record and obtain an order allowing the city to abate the public nuisance and recover costs pursuant to this subchapter, which shall include: administrative fees not to exceed $200 per charge, and all recording fees, together with any other reasonable fees actually incurred in abating the public nuisance, including costs of collection and attorney’s fees. In addition, the authorized officer may seek to enjoin the public nuisance through application to the proper court.
(F) Any fine imposed under this section may be suspended if the court finds that the violation was the result of natural causes or was the result of unforeseen circumstances beyond the control of the person charged with the violation of this subchapter.
(Ord. 5-2022, passed 5-4-2022)
Loading...