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.)