No person shall disturb the peace and quiet of any other person by creating or allowing excessive noise on his, her or any property. The regulation of noise control shall be as follows:
(A) Definitions. All terminology used in this section shall be in conformance with applicable publications of the American National Standard Institute (ANSI) or its successor body. WEIGHTED SOUND LEVEL means the sound pressure level decibels as measured on a sound level meter using the “A” weighing network. The level so read is designated dB(A) or dBA.
(B) Day hours. No person shall cause or allow the emission of sound during daytime hours (7:00 a.m. to 10:00 p.m.) from any noise source to any receiving residential land that exceeds 60 dBA, when measured at any point within the receiving residential land, provided, however, that the point of measurement shall be on the property line of the complainant.
(C) Night hours. No person shall cause or allow the emission of sound during nighttime hours (10:00 p.m. to 7:00 a.m.) from any noise source to any receiving residential land that exceeds 55 dBA, when measured at any point within the receiving residential land, provided, however, that the point of measurement shall be on the property line of the complainant.
(D) Variance permits.
(1) Variance permits may be issued by the Chief of Police, or his or designee, to exceed the noise standards set forth in this section as follows:
(a) A temporary variance permit may be issued upon request, provided that the work producing the noise is necessary to promote the public health and/or welfare, and reasonable steps are taken to keep the noise at the lowest possible practical level.
(b) A permanent variance permit may be issued upon request, following an investigation into the source of the noise, including what, if any, measures can be taken to reduce or eliminate the noise; the cost of any such measure; and an overall evaluation of the request, including the severity of the problem weighted against the cost of remedial measures; the benefit of the public; and the impact on the noise source.
(2) Any permanent variance may be revoked by the Chief of Police, or his or her designee, if there is a significant change in the facts from the time the original variance was granted, and if, following the same procedures involved in issuing the original permit, the Chief of Police, or his or her designee, should conclude it is in the best interest of the public to revoke the permit.
(E) Exemptions.
(1) Governmental and emergency operations. All activities of the city and all emergency, short-term operations that are necessaiy to protect the health and welfare of its citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt, provided that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same.
(2) Noises required by law. The provisions of this section shall not apply to any noise required specifically by law for the protection or safety of people or property.
(3) Powered equipment. Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors and snow removal equipment necessary for the maintenance of property, that is kept in good repair and maintenance, and that, when new, would not comply with the standards set forth in this section, shall be exempted. This exemption shall only apply between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday; between 8:00 a.m. and 8:00 p.m., Saturdays; and between 9:00 a.m. and 8:00 p.m., Sundays.
(4) Community events. The term COMMUNITY EVENTS shall include such things as parades, festivals, drum corps shows, sports events, Fourth of July celebrations, sanctioned or sponsored in whole or in part by the city, schools, or charitable or service organizations.
(5) Private parties. Upon application, a permit may be issued hereunder by the Chief of Police, or his or her designee, for a temporaiy exemption to this section for a set period of time for private parties. The permit may be denied if, at the discretion of the Chief of Police, the event would constitute a safety hazard (due to, including but not limited to, excess amounts of people in attendance, insufficient parking, prior violations by applicant of city ordinances, and the like). The Chief of Police, or his or her designee, may further set reasonable limitations or conditions on the grant of the permit.
(6) Construction trades. The term CONSTRUCTION TRADES shall mean any type of home repair, including but not limited to, construction, repair, and/or maintenance of a new or existing structure and its appurtenances. This term shall also cover landscaping construction, but not landscaping maintenance. This exemption shall only apply between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday; between 8:00 a.m. and 8:00 p.m., Saturdays; and between 9:00 a.m. and 8:00 p.m., Sundays.
(Ord. 1548, passed 6-18-14) Penalty, see § 10.99