531.16 AMPLIFIED SOUND.

   No person, other than personnel of law enforcement, governmental agencies, utilities services or permitees duly authorized, shall install, use or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position, or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any public street, alley, sidewalk, park, place or other public property except when installed, used or operated in compliance with the following provisions:

    (a)    Residential zones and within 500 feet thereof:

       (1)    No fixed or movable sound amplifying equipment shall be installed operated or used for commercial purposes at any time except as otherwise permitted in these Codified Ordinances.

       (2)   The operation or use of sound amplifying equipment for noncommercial purposes, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

    (b)    In all other zones, except such portions thereof, as may be included within 500 feet of any residential zone:

       (1)    The operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

       (2)    The operation or use of sound amplifying equipment for noncommercial pur I poses is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

    (c)    The only sound permitted shall be either music, human speech or both.

    (d)    Sound emanating from sound amplifying equipment shall be limited in volume, tone and intensity so that the sound shall not be audible at a distance in excess of 200 feet from the sound equipment.

    (e)    Except as provided in subsection (b) hereof, no sound amplifying equipment shall be operated upon any property adjacent to and within 200 feet of any hospital grounds, school or church building while in use.

       (Ord. 30-1980. Passed 8-10-80.)

531.17 VIBRATION.

    (a)   Steady state vibration shall not exceed 0.20 inches per second peak particle velocity or its equivalent in displacement or acceleration, in any one of the three mutually perpendicular components of motion; vertical, longitudinal or transverse.

   (b)    Impulsive vibration shall not exceed 0.4 inches per second peak particle velocity or its equivalent in displacement or acceleration, on any one of the three mutually perpendicular components of motion except blasting or pile driving, which shall not exceed 2.0 inches per second peak particle velocity.

   (c)    All vibration recordings shall be made on the ground adjacent to the closest struc ture neither contractor-owned nor leased.

   (d)    Traffic shall be excluded from this section.

(Ord. 30-1980. Passed 3-10-80.)

531.18 INSPECTIONS.

    (a)    The Mayor or Chief of Police or the City's authorized representative may enter at any reasonable time, with reasonable notice, into or upon any private or public property, except the administrative offices of any person, for the purposes of inspection and investigation of any condition or equipment which the Mayor or Chief of Police or the City's authorized representative shall have reasonable cause to believe to be causing unnecessary noise in violation of this chapter.

   (b)    The Mayor or Chief of Police or the City's authorized representative may inspect at any reasonable time and in a reasonable manner, with reasonable notice, any record relating to the use of equipment which creates or may create unnecessary noise.

   (c)    No person shall refuse, obstruct, delay, prevent or in any way interfere with the Mayor or Chief of Police or the City's authorized representative while carrying out an inspection or in the performance of their duties. Should such right of entry be unreasonably denied, then the Mayor or Chief of Police or the City's authorized representative is authorized to obtain a search warrant.
(Ord. 30-1980. Passed 3-10-80; Ord. 61-1985. Passed 5-28-85.)

531.19 VARIANCES.

   (a)   The Mayor or Chief of Police or the City's authorized representative may grant individual variances beyond the limitation prescribed by this chapter, whenever it is found upon presentation of adequate proof, that compliance with any section of this chapter or with any regulation or order of the Mayor or Chief of Police or the City's authorized representative, in respect to this chapter, would impose unreasonable hardship. In granting a variance, the Mayor or Chief of Police or the City's authorized representative may impose such conditions as the policies of this chapter may require.

   (b)    Any variance granted pursuant to this section shall be granted for the period of time, not exceeding one year, as specified by the Mayor or Chief of Police or the City's authorized representative at the time of the grant of such variance and upon the conditions that the person who receives such variance shall make such periodic progress reports as the Mayor or the Citys authorized representative shall specify. The variance may be extended for periods up to six months by affirmative action of the Mayor or Chief of Police or the City's authorized representative, but only if satisfactory progress has been shown. The Mayor or Chief of Police or the City's authorized representative may in the case of construction, grant a variancefor the duration of the project. A contract letting agency, public or private, may apply for this variance.

   (c)   If requested by the petitioner or if deemed desirable by the Mayor or Chief of Police or the City's authorized representative, a public hearing shall be held prior to the issuance of any variance for the purpose of allowing any person to present evidence with respect to the requested variance. Notice of the hearing shall be promulgated by the Mayor or Chief of Police or the City's authorized representative, a public hearing shall be held prior to the issuance of any variance for the purpose of allowing any person to present evidence with respect to the requested variance. Notice of the hearing shall be promulgated by the Mayor or Chief of Police or the City's authorized representative in the form of a news release at least ten days prior to the hearing

   (d)    The petition shall be accompanied by a fee of twenty-five dollars ($25.00).

   (e)    Governmental agencies are exempted from the payment of fees.

(Ord. 30-1980. Passed 3-10-80; Ord. 61-1985. Passed 5-28-85.)

531.20 TEST PROCEDURES.

   (a)    Test procedures to determine whether maximum noise levels are exceeded in Section 531.08 to 531.10, 531.14 and 531.16 shall be in substantial conformity with ANSI Standard S1.4 - 1971; ANSI Standard S1.12 - 1967, ANSI Standard S1.11 - 1966; SAE Recommended Practice J184; and such others that may be approved by the Federal Government, State Government and/or the Mayor or Chief of Police or the City’s authorized representative.

   (b)   Test procedures to determine whether maximum noise emitted by motor vehicles in use to meet the noise limits stated in Section 531.13 shall be in substantial conformity with Standards and Recommended Practice established by the Society of Automotive Engineers, Inc, including SAE Standard J366b; Recommended Practice J184; and others that may be approved by the Federal Government, State Government and/or the Mayor or Chief of Police or the City's authorized representative.

   (c)    Test procedures to determine whether maximum noise emitted by engine- powered equipment in use to meet the noise limits stated in Section 531.15 shall be in substantial conformity with Standards and Recommended Practice established by the Society of Automotive Engineers including SAE Standard J952b; SAE Recommended Practice J184; and others that may be approved by the Federal Government, State Government and/or the Mayor or Chief of Police or the City's authorized representative.

(Ord. 30-1980. Passed 3-10-80; Ord. 61-1985. Passed 5-28-85.)

531.21 DISCLAIMER.

    The noise levels as established by Section 531.01 et seq. will be preempted by Federal requirements as promulgated by the provisions of the Federal Noise Control Act if the two laws are in conflict with each other.
(Ord 30-1980. Passed 3-10-80.)

531.22 APPEALS.

   Any person who is the subject of a final order by the Mayor or Chief of Police or the City's authorized representative and who has not been criminally charged under the provisions of this chapter shall have the right to a review of the order by the Board of Zoning Appeals, which is created by Section 1107.01 provided that the jurisdictional requirements of Chapter 1107 have been satisfied.
(Ord. 30-1980. Passed 3-10-80; Ord. 61-1985. Passed 5-28-85.)