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A. Applications for a permit for relief from the noise level designated in this section may be made to the mayor or the mayor's designee.
B. Applications for a permit shall supply information including, but not limited to:
1. The nature and location of the noise source for which such application is made;
2. The reason for which the permit is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit is not granted;
3. The level of noise that will occur during the period of the permit;
4. The ordinance provision for which the permit shall apply;
5. A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and
6. A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this chapter within a reasonable time.
C. Any permit granted under this section shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective, which shall be no longer than one year.
D. No permit shall be approved unless the applicant presents adequate proof that:
1. Compliance with this chapter would impose an undue hardship on the applicant without equal or greater benefits to the public and additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or
2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with this section; and
3. No other reasonable alternative is available to the applicant; and
4. Noise levels occurring during the period of the permit will not constitute a danger to public health.
E. In making the permit determination, the mayor, or the mayor's designee, shall consider:
1. The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused;
2. The social and economic value of the activity for which the permit is sought; and
3. The ability of the applicant to apply the best practical noise control measures.
F. The mayor, or the mayor's designee, in granting such a special permit, may prescribe any conditions or requirements he/she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
G. The permit may be revoked by the mayor, or the mayor's designee, if there is:
1. Violation of one or more conditions of the permit;
2. Material misrepresentation of fact in the permit application; or
3. Material change in any of the circumstances relied on by the mayor, or the mayor's designee, in granting the permit.
(Ord. 2001-17, 3-27-2001, eff. 5-1-2001)
A. It shall be unlawful for any person to operate or permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise sound pressure levels for the category of motor vehicle and for the designated time period as specified in table B of this section. The standards in table B of this section shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any condition of acceleration, deceleration, idle, grade or load and whether or not in motion.
TABLE B
Maximum Allowable Noise Sound Pressure Levels For Motor Vehicles
Type Of Vehicle
| Time Period
| Maximum Allowable Sound Pressure Level
| Measurement Distance From Motor Vehicle
|
Motor vehicle weighing less than 10,000 pounds, manufacturer's gross vehicle weight | At any time | 80 dBA | 25 feet |
Motor vehicle weighing more than 10,000 pounds, manufacturer's gross vehicle weight | 7:00 A.M. to 10:00 P.M. | 88 dBA | 25 feet |
Motor vehicle weighing more than 10,000 pounds, manufacturer's gross vehicle weight | 10:00 P.M. to 7:00 A.M. | 80 dBA | 25 feet |
B. The provisions of this section shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers.
(Ord. 2001-17, 3-27-2001, eff. 5-1-2001)
A. A violation of this chapter is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
B. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law.
C. Any peace officer is authorized to enforce the provisions of this section; provided that the mayor may by administrative order authorize other officers or employees of the city to enforce all or part of the provisions of this section.
D. The content of the sound will not be considered in determining a violation of this chapter.
(Ord. 2001-17, 3-27-2001, eff. 5-1-2001)
A. Noise made by animals shall be controlled and enforced as provided in title 13, chapter 2 of this code.
B. Noise emitted by unamplified human voices shall be enforced pursuant to the prohibitions against disorderly conduct, as provided in state law or other provisions of this title.
C. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.
(Ord. 2001-17, 3-27-2001, eff. 5-1-2001)