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(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)
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