(A) Unlawful Noises Prohibited. It shall be unlawful for any person to make, cause to be made, continue or permit any excessive or unreasonably loud noise or any other raucous sound, that annoys, disturbs, injures, or endangers, the comfort, health, peace, safety, or repose of other persons of ordinary sensibilities, in any residential zone within the city.
(B) Unlawful Noises Emanating from Motor Vehicles on Public Right-of-Way. No person operating or occupying a motor vehicle on any publicly owned property, park, right-of- way, easement, alley, off-street parking lot, or any other area to which the public has access, shall play, use, operate, or permit to be played, used, or operated, any radio, tape player, cassette player, compact disk player, loud speaker, sound amplification system, or other device designed to generate, amplify, and/or reproduce sound, from within the motor vehicle.
(C) Measurement. For purposes of subsections (A) and (B), sounds will be in violation of this section if the complained of sound is plainly audible by another human being at a distance of one hundred (100) feet from the device producing the sound. For the purpose of this prohibition, PLAINLY AUDIBLE means any sound which exceeds the noise sound pressure level of sixty (60) dB as measured by a sound level meter of standard design or, in the absence of such a device, can clearly be heard, by unimpaired auditory senses based on a direct line of sight of one hundred (100) or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation.
(D) Exceptions. The prohibitions set forth herein shall not apply, and it shall be a defense to any prosecution hereunder, if an otherwise unlawful noise was emitted from:
(1) Any siren, whistle, horn, or bell lawfully used by emergency vehicles or any other alarm systems, including properly operating vehicle alarms, used as a warning of danger or the presence of public safety officials acting within the course and scope of their authority.
(2) Sirens, whistles, horns, bells or other ambient noises emanating from persons or sound devices in association with community wide festivals, parades, church activities, organized school related programs, activities, or sporting events or other public events or activities sponsored and/or authorized by the city.
(3) Any noise made, or caused to be made by any person that is reasonable and necessary under the circumstances to prevent imminent risk of death or injury to persons or property damage.
(4) Any domestic power equipment, including but not limited to, lawn mowers, weed eaters, blowers, mulching equipment, or edgers, commonly used for routine household and/or lawn care maintenance.
(5) Any commercial power equipment operated in the ordinary course of business.
(6) The operation and maintenance of airplanes, aircraft, locomotives, trains, brush chippers, vacuum leaf loaders, street sweepers, tractor-mowers, sanitation removal and refuse collection vehicles, any city service vehicle or equipment or the construction and maintenance of city streets, sidewalks, alleys, power lines, utility lines or infrastructure of the city by third parties.
(E) Special Variance.
(1) The City Council shall have the authority, consistent with this subsection, to grant special variances relative to noise disturbances that would otherwise violate the provisions of this section.
(2) Any person seeking a special variance pursuant to this subsection shall file an application with the City Council on a form supplied by the City Council, no less than forty-five (45) calendar days prior to the date on which the special variance is sought to be effective. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this subsection would constitute an unreasonable hardship on the applicant, on the community, or on other persons; that the activity, operation, or noise source will be of a temporary duration and cannot be done in a manner that would comply with the provisions of this section; that no reasonable alternative is available to the applicant; and that the applicant will comply with all time, manner, and place restrictions deemed reasonable and necessary by the City Council, under the circumstances.
(3) In determining whether to grant or deny the application, the City Council shall consider the duration, manner, and location of the proposed noise source; shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety, and welfare of persons affected; the adverse impact of the proposed noise source on property affected and any other adverse impact of granting the special variance; and whether or not a reasonable alternative with less adverse impact on surrounding people and properties is available to the applicant. Applicants for special variances may be required to submit additional information to the City Council. No application for a special variance shall be denied on the basis of the content of any noise source proposed by the applicant. In granting or denying an application, the City Council shall place on public file with the City Clerk and the Police Department, a copy of the decision and reasons for denying or granting the special variance.
(4) Special variances shall be granted by notice to the applicant containing all necessary terms and conditions upon which the permit has been granted, including but not limited to, the effective date, time of day, location, and equipment limitation, if any. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted. Any application for extension of the time limit specified in a special variance or for modification of other substantial conditions shall be treated like a new application for a special variance.
(Ord. 2007-05 § 1, passed 6-14-07)
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Cross reference:
Penalty for violation, see § 50.999(D)