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(A) Introduction. Certain noise levels must be tolerated by all citizens in order for the normal functions of city life to continue; however, excessive noise is detrimental to the physical, mental and social well being of the citizens of the city as well as to their comfort, living conditions, general welfare and safety. Thus, any loud, unnecessary, or unusual noise that is excessive, disruptive and/or annoying is subject to regulation as provided herein.
(B) Prohibited noises, standard. The creating, permitting or allowing of any unreasonably loud and disturbing noise originating from sources within the city is hereby prohibited. An UNREASONABLY LOUD AND DISTURBING NOISE is hereby defined as noise of such character, intensity or duration as to be detrimental to the life or health or well-being of any individual, or as to disturb the public peace and quiet of a neighborhood, family or person. No person shall cause, suffer, allow or permit sound from any source which, when measured from the real property boundary of the source of the sound, is in excess of the following standards. As used herein, A-WEIGHTED SOUND PRESSURE LEVEL means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network, as defined in American National Standards Institute (“ANSI”) S1.4-1983 (R 2006). The level so read is designated dB(A). Impulsive sound, which repeats four or more times in any hour, shall be measured as continuous sound.
(1) Residential use.
(a) When the offending sound emanates from a residential use between the hours of 6:00 a.m. and 11:00 p.m., sound which has an A-weighted sound pressure level of 70 dB(A), or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).
(b) When the offending sound emanates from a residential use between the hours of 11:00 p.m. and 6:00 a.m., sound which as an A-weighted sound pressure level of 60 dB(A), or impulsive sound which has an A-weighted sound pressure level of 70 dB(A).
(2) Commercial use.
(a) When the offending sound emanates from a commercial use between the hours of 6:00 a.m. and 11:00 p.m., continuous or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).
(b) When the offending sound emanates from a commercial use between the hours of 11:00 p.m. and 6:00 a.m., sound which as an A-weighted sound pressure level of 65 dB(A), or impulsive sound which has an A-weighted sound pressure level of 75 dB(A).
(3) Industrial use. When the offending sound emanates from an industrial use, continuous or impulsive sound which has an A-weighted sound pressure level of 85 dB(A).
(C) Other prohibited noises. In addition to, and consistent with the provisions of this section, it shall be unlawful for any person within the city limits to make, produce, cause, suffer, continue or allow to be produced or continued by human voice, machine, animal or device, or any combination of same, any unreasonably loud and disturbing noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or which otherwise injures or endangers the comfort, repose, health, peace, safety or welfare of others; the standards which shall be considered in determining whether a violation of this section exists shall include the following:
(1) The volume of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The proximity of the noise to residential sleeping facilities, which includes hotels;
(5) The time of day the noise occurs;
(6) The volume of background noise, if any; and
(7) The duration of the noise.
(D) Specific acts prohibited. The following acts are declared to be unreasonably loud, unusual or unnecessary noises in violation of this section, even if the noises referred to do not violate the noise level standards set forth herein and are prohibited:
(1) The playing of any loudspeakers or other devices for reproduction or amplification of sound, from a public street, public property or public right-of-way, unless such person has first applied to and received permission from the Chief of Police to operate such equipment;
(2) Operating or permitting the operation of any radio, stereo, player or other sound device either in or on a vehicle or a self-contained non-vehicular device in such a manner that the sound is plainly audible at a distance of 50 feet between the hours of 7:00 a.m. and 10:00 p.m. or at a distance of 25 feet between the hours of 10:00 p.m. and 7:00 a.m.;
(3) Owning, possessing, harboring or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds.
(a) Prima facie evidence of a violation of this division (D) shall include, but not be limited to:
1. Vocalizing (howling, yelping, barking, squawking and the like) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
2. Vocalizing for 20 minutes intermittently, defined as an average of two vocal- izations or more per minute in that period.
(b) It is an affirmative defense under this division (D) that the dog or other animal was intentionally provoked to bark or make any other noise.
(4) Operating a motor vehicle in such a manner as to cause the tire or tires to squeal or screech;
(5) Operating a motor vehicle that is not at all times equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise. It is unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance;
(6) The use of any automobile, motorcycle or other vehicle so out of repair or loaded in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(7) Outdoor noise occurring during the course of construction at a temporary construction site which is generated by blasting, excavation, generators or heavy equipment (including, but not limited to, backhoes, tractors, concrete trucks, dump trucks, jackhammers and air compressors) shall only be allowed between the hours of 6:00 a.m. through 8:00 p.m. Monday through Saturday, unless expanded hours of operation are specifically allowed by permit from the city, and in that event under such terms, conditions and limitations as set forth in the permit; and
(8) Yelling, shouting, whistling or singing on the public streets, or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in any hospital, dwelling, hotel or other type of residence, or of any person in the vicinity.
(E) Exceptions. None of the terms or prohibitions as set forth in this section shall apply to or be enforced against:
(1) Any governmental vehicle or activity while engaged in necessary public business;
(2) Excavations or repairs of water or sewer lines, utilities or streets by or on behalf of a governmental entity or utility company when the public welfare and convenience renders it impracticable to perform such work during the day;
(3) Any private vehicle or activity while engaged in necessary public business at the request of a governmental entity, provided, however, that said private vehicle or activity shall not be exempt from the provisions of division (D)(7) above;
(4) Any special events, concerts, parades, sporting events and similar activities which are taking place on public property with the permission or consent of that public entity;
(5) Use of domestic power equipment (including, but not limited to, power lawn mowers, leaf blowers, trimmers, tillers, saws, sanders, drills or similar devices) between the hours of 7:00 a.m. and 10:00 p.m.;
(6) Attendant on-site noise connected with the actual performance of organized sporting events on school campuses and in publicly-owned parks or facilities;
(7) Human sounds emanating from children 12 years of age or under, including, but not limited to, speech and utterances of laughter, cries and sounds associated with play;
(8) Security alarms on structures or motor vehicles, except that such alarms must terminate operation within five minutes after activation for continuous airborne sound and within 15 minutes for impulsive sound unless otherwise provided in this code;
(9) Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation;
(10) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; or
(11) Any activities or actions that otherwise would violate this section may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application, a permit is obtained beforehand from the city. The permit shall be kept on the site and shown to city officials or the city law enforcement agent on request and the City Manager or Council may prescribe in the permit such allowable conditions, times, restrictions and permissible noise emissions as he or she deems to be required in the public interest.
(F) Violations. Any person who violates any provision of this section shall, upon his or her first conviction (whether by admission, payment of the fine, by default or by judgment after hearing), be considered guilty of a petty offense. A person who commits a violation of this section after previously having been found responsible of a violation of this chapter within a 24-month period, shall be deemed a habitual offender and be guilty of a Class 2 misdemeanor, all punishable as set forth in this code and state law. For purposes of calculating the 24-month period under this section, the dates of the commission of the offenses are the determining factor.
(1) The remedies herein are cumulative, and the city may proceed under one or more such remedies.
(2) Each violation of this section shall be considered a separate offense, and any violation continuing more than one-half hour or recurring within one half hour shall be considered a separate offense for each half hour of violation.
(3) Nothing contained in this section shall be construed as requiring any warning to any person before the enforcement of the provisions of this section.
(4) A violation of this section is hereby declared to be a public nuisance. In the event of a continuing violation of this section, the City Attorney is hereby authorized to pursue a request for injunctive relief in a court of competent jurisdiction. In the event that an injunction is issued pursuant to this subsection, the court may also award reasonable attorney fees in favor of the city.
(1976 Code, § 10-1-12) (Ord. 614-14, passed 7-9-2014; Ord. 623-15, passed 2-25-2015) Penalty, see § 130.99