(a) This section shall apply to all noise and sound generated in the City not otherwise regulated by § 648.09.
(b) For purposes of this section, the following terms shall be defined as follows:
(1) DECIBEL means a unit for measuring the intensity of a sound, equal to 20 times the common logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Decibel is denoted as “dB.” An A-weighted filter, constructed in accordance with the specifications of the American National Standards Institute which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. All decibel (dB) measurements shall be expressed in dB(A) to reflect the use of this A-weighted filter.
(2) PERSON means the owner, person in possession of premises, person in control of premises by reason of employment, agency, or otherwise, whether such ownership, possession, or control is exclusive or joint, or person operating or otherwise in control or possession of a sound-generating device or other tool, machinery, or equipment producing the sound or noise in question.
(c) No person shall make, generate, permit, or allow to be made any unreasonably loud and/or raucous noise or sound in such a manner or at such volume as to annoy or disturb the quiet, comfort, or repose of a person of ordinary sensibilities. It shall be a prima facie case that this section is being violated if any one or more of the following occur:
(1) Between the consecutive hours of 10:00 p.m. and 7:00 a.m. in any 24-hour period, if the sound exceeds 50 dB(A) beyond the property line of the real property from which the source of the sound emanates. In enforcing this section, the enforcing officer shall make a good faith effort to determine the property line without the need to formally survey the property in question.
(2) Between the consecutive hours of 7:00 a.m. and 10:00 p.m. in any 24-hour period if the sound exceeds 70 dB(A) beyond the property line of the real property from which the source of the sound emanates. In enforcing this section, the enforcing officer shall make a good faith effort to determine the property line without the need to formally survey the property in question.
(d) The following uses and activities shall be exempt from the noise level regulation set forth herein:
(1) Noises of warning and alarm devices, safety signals and emergency pressure relief valves.
(2) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in times of emergency.
(3) Noises resulting from any emergency work made necessary to restore property to a safe condition or work required to protect persons or property from an imminent exposure to danger.
(4) Noises resulting from the construction of public improvement projects, with prior consent of the City Manager.
(5) Noises resulting from the normal use of special events of churches, schools, athletic fields, parks and auditoriums.
(6) Power tools, landscaping and yard maintenance equipment, and construction equipment being operated between the consecutive hours of 7:00 a.m. and 10:00 p.m. in any 24-hour period.
(7) Noises resulting from City-authorized special events, except the noise shall not exceed any limitation established in the City authorization.
(e) Whoever violates this section is guilty of generating unreasonable noise on private property, a misdemeanor of the fourth degree.
(Ord. O2021-91, passed 11-2-2021)