It is hereby declared to be the public policy of the City to promote an environment for its citizens that is free from sound or noise which jeopardizes their safety, health or welfare or which degrades their comfort and quality of life.
(a) Scope. This section applies to the control of all sound, noise and vibration within the limits of the City.
(b) Definitions. The following words and phrases, when used in this section, shall for the purposes of this section, have the meanings assigned to them in this subsection. All terminology used in this section which is not defined in this subsection shall be in conformance with the most current applicable publications of the American National Standards Institute (ANSI).
(1) "A-weighted sound pressure level" means the sound pressure level as measured on a sound level meter using the A-weighted network. The level so read shall be proscripted dB(A).
(2) "Decibel" means a unit which describes the sound pressure level or intensity of sound. The sound pressure level in decibels is twenty times the logarithm to the base ten of the ratio of the pressure of the sound in microbars to a reference pressure of 0.0002 microbar; abbreviated dB.
(3) "Device" means any mechanism which is intended to, or which actually produces noise when operated or handled.
(4) "Emergency work" means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from immediate exposure to danger, including work performed by public service companies when emergency inspection, repair of facilities, or restoration of services is required for the immediate health, safety or welfare of the community.
(5) "Impulsive sound" means sound of very short duration, usually less than one second, with an abrupt onset and rapid decay. Though each singular impulse is short, there can be many impulses in succession. Typical impulsive noise sources include firearm discharges, explosions, jackhammers, and drop forges.
(6) "Motor vehicle" means any vehicle which is self-propelled or designed for self-propulsion including, but not limited to, passenger cars, trucks, truck- trailers, semitrailers, tractors, all-terrain vehicles, go-carts, hovercraft, watercraft, snowmobiles, campers, motorboats and racing vehicles; and any motorcycle, including but not limited to motor scooters and minibikes.
(7) "Noise" means any sound which may cause or tend to cause an adverse psychological or physiological effect on human beings.
(8) "Noise disturbance" means any unnecessary sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any unnecessary sound which reasonably may be perceived to injure or endanger the comfort, repose, health, peace or safety of any person.
(9) "Person" means any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency, or any legal successors, representative, agent or agency thereof.
(10) "Public right-of-way" means any street, avenue, boulevard, highway, alley or public space which is owned or controlled by a public governmental entity.
(11) "RMS sound pressure" means the square root of the time-averaged square of the sound pressure.
(12) "Sound" means a temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at a finite speed to distant points.
(13) "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighing networks, such as A, B, or C as specified in ANSI S1.4-1983 (or the latest approved revision thereof).
(14) "Sound level meter" means an instrument which includes at least a microphone, amplifier, RMS sound pressure detector, integrator or time averager, output indicator display, and weighing networks used to measure sound pressure levels.
(15) "Sound pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space.
(16) "Sound pressure level" means twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 0.0002 microbar. The sound pressure level is denoted SPL and is expressed in decibels.
(17) "Stationary noise source" means any equipment or facility, fixed or movable, that is capable of emitting sound beyond the property boundary of the property on which it is used.
(18) “Vibration” means an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.
(19) "Zoning district classification" refers to the scheme of land use classification contained in Part 13, Chapter 5 of the Codified Ordinances.
(c) Enforcement.
(1) Measurement procedures for enforcement shall entail the pre-use calibration and proper application of a sound level meter which meets or exceeds the requirements of either Type 1 or Type 2 meters as specified by ANSI S1.4- 1983. Unless otherwise specified, all sound pressure level measurements shall be obtained with the meter set to the dB(A) scale and incorporating the meter's RMS detector. Exceptions may include, but are not limited to, the measurement of impulsive noise or vibrations which may dictate the use of special measurement equipment and/or procedures to be dictated by the Chief of Police or a designated Noise Control Officer.
(2) The provisions of this article shall be enforced by the Chief of Police who may issue orders and regulations and prescribe measurement procedures for such enforcement.
(d) Nuisance Noise. It shall be unlawful for any person to make, continue or cause to be made or continued, a noise disturbance within the City. However, the provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, nor to the emission of sound in the performance of emergency work.
(e) Specific Prohibitions. The following acts are declared to be noise disturbances in violation of this section, provided that the acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under subsection (d) hereof and provided that the acts so specified below may still constitute a noise disturbance under subsection (d) hereof independency of the hours of day the acts take place.
(1) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonography, or any other device for the production of sound between the hours of 10:00 p.m., and 8:00 a.m. the following day in such a manner as to be plainly audible to a person of normal hearing capabilities across property boundaries or through partitions common to two residences within a building or plainly audible to a person of normal hearing capabilities at fifty feet from such device when operated within or on a motor vehicle on a public right-of-way or in a public place.
(2) Owning, keeping, possessing or harboring any animal or bird which frequently or habitually howls, barks, meows, squawks, or makes such other noise that is plainly audible to a person of normal hearing capabilities across property boundaries or through partitions common to two residences within a building.
(3) Operation of any music, voice, or other audio signal production reproduction, or amplification system, whether vehicle-mounted (for example, car stereos), portable and/or carried on person (for example, "boom" boxes), or stationary, in such a manner as to create a noise disturbance to any person other than the operator of the device, whether the disturbance is across a real property boundary, within a public area, or within a quiet zone. Maximum sound levels for such emissions in a public area shall conform to those indicated for residential zones in subsection (h). Maximum sound levels for real property zones shall be governed by subsection (h) and those for quiet zones shall be governed by subsection (g).
(4) Use or operation of any scale model vehicles, including but not limited to cars, trucks, motorcycles, airplanes, and boats, so as to create a noise disturbance across a real property boundary, public area, or within a quiet zone. Maximum sound levels for such emissions in a public area shall conform to those indicated for residential zones in subsection (h). Maximum sound levels for real property zones shall be governed by subsection (h) and those for quiet zones shall be governed by subsection (g).
(5) Operation of non-powered vehicles and/or wheeled toys, including but not limited to skateboards, scooters, bicycles, roller skates, wagons, and carts, so as to create a noise disturbance across a real property boundary, public area, or within a quiet zone. Maximum sound levels for such noise in a public area shall conform to those indicated for residential zones in subsection (h). Maximum sound levels for real property zones shall be governed by subsection (h), and those for quiet zones shall be governed by subsection (g).
(6) Discharging of explosives, firearms, firecrackers, fireworks, and similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or in a public area, without first obtaining a special variance.
(7) Repairing, modifying, and/or testing any motor vehicle, aircraft, or boat in such a manner as to create a noise disturbance across a real property boundary, in a public area, or within a quiet zone. Maximum sound levels for such emissions in a public area shall conform to those indicated for residential zones in subsection (h). Maximum sound levels for real property zones shall be governed by subsection (h), and those for quiet zones shall be governed by subsection (g).
(8) Operation of any device that produces vibration which is above the vibration preception threshold of an individual at or beyond the property line boundary of the source if on private property or at thirty feet from the source if on a public area or right-of-way. For the purpose of this section, "vibration perception threshold" refers to the minimum ground-or-structure-borne vibrational motion necessary to cause a normal person to detect the vibration by such direct means as, but not limited to, sensation by touch or visual observation of vibrating objects.
(9) Yelling, shouting, hooting, whistling, singing or otherwise producing vocal noises in public areas, right-of-ways, or quiet zones so as to create a noise disturbance for persons in any office, business, dwelling, hotel, or any other person in the vicinity.
(10) Creation of any noise on any street adjacent to any hospital, school, institution of learning, church, or court while the same are in use, which interferes with the workings of such facilities, or which annoys patients, students, worshipers, or any other users of such facilities.
(f) Places of Public Entertainment or Assembly. It shall be unlawful for any person to operate, or permit to be operated, any amplifier-loudspeaker system, acoustic musical instrument, drum, or powered vehicle in any place of public entertainment or other place of public assembly which produces sound pressure levels of 90 dB(A) or greater at any point that is normally occupied by a person, unless conspicuous and legible signs are located outside a such places near the entrances, stating "Warning: Exposure to sound environment within may cause hearing impairment. Personal hearing protection (earplugs or earmuffs) should be properly worn while inside."
(g) Quiet Zone.
(1) It shall be unlawful for any person to create any noise in excess of that prescribed within any area designated as a "quiet zone" in conformance with the provisions of subsection (h) below provided that conspicuous signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone.
(2) Whenever the protection of the public health, safety and welfare so require, after a duly advertised public hearing, Council may designate by ordinance any geographical area of the City as a "quiet zone."
(3) Such designation shall include a description of the subject area, the reasons for its designation as a quiet zone and shall prescribe the levels of the noise which shall be permitted in such a quiet zone.
(h) Maximum Permissible Sound Pressure Levels. It shall be unlawful for any person to operate or permit to be operated any stationary noise source in such a manner as to create a sound pressure level which exceeds the limits set forth in the table below when measured at the property boundary of the noise source or at any point within any other property affected by the noise. When a noise can be identified and its noise measured in more than one zoning district classification, the limits of the most restrictive classification shall apply:
Sound Level Limit dB(A) | ||
Receiving Land Use | 8 a.m. - 10 p.m. | 10 p.m. - 8 a.m. |
Residential Zones R-1, R-2, & R-3 | 57 | 50 |
Commercial Zones C-1, C-2, CR & O-I | 67 | 62 |
Industrial Zone I | 75 | 75 |
(i) Prohibited Noise from Motor Vehicle.
(1) No vehicle shall be loaded with materials likely to create prohibited noises by striking together without using every reasonable effort to deaden the noise.
(2) Except pursuant to a permit issued by the City Clerk, the use in, on or attached to any motor vehicle operating on any highway of the City, of any radio, phonograph, musical instrument, bell, whistle, loud-speaker, amplifier or device of any kind whatsoever whereby sound is cast on any highway to promote or advertise the sale of goods, wares or merchandise or for the purpose of advertising auction sales, sporting events or other businesses or things advertised thereby is prohibited. The provisions of this subsection shall not apply to motor vehicles driven in duly authorized parade. The use of a loudspeaker on a motor vehicle for making auction sales on highways directly in front of the property then being sold and entirely outside of the business districts of the City shall be construed as a violation of this subsection when such use is limited strictly to the selling at auction of such property.
(3) It shall be unlawful for any person in operating of a motor vehicle within the City to create in the operation thereof any prohibited noise. In operating such vehicle the following acts are in violation of this section, but such enumeration shall not be deemed to be exclusive:
A. The use of a vehicle so out of repair as to cause thereby grating, grinding, rattling or any of such noises or any other prohibited noise;
B. The practice of unnecessarily racing the motor of a vehicle while standing or moving, thereby causing prohibited noise from such motor;
C. The practice of unnecessarily retarding the spark to the motor of a vehicle and thereby causing prohibited noise from the motor;
D. In starting a vehicle from a standing position, the practice of gaining speed unnecessarily quickly and thereby causing prohibited noise from the motor and the screeching of tires or either of such noises;
E. The practice of coming to an unreasonably quick stop with a vehicle and thereby causing unnecessary grinding of brakes and screeching of tires or either of such noises;
F. The practice of sounding any horn or signaling device on a vehicle except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sound of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust or vacuum; the use of any such device operated other than by hand power or electricity; and the use of any such device when traffic is for any reason stopped.
(4) As used in this section, "prohibited noise" means sound pressure above the levels permitted in subsection (j).
(j) Permissible Mobile Sound Pressure Levels From Mobile Sources.
Source | To 35 mph | Above 35 mph |
Motorcycle | 80 dB(A) | 84 dB(A) |
Mobile sources or vehicles with a gross weight less than 10,000 pounds | 70 dB(A) | 79 dB(A) |
Mobile sources or vehicles with a gross weight more than 10,000 pounds | 86 dB(A) | 90 dB(A) |
(k) Other Remedies. 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 section or from other law.
(l) If any provision of this section is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining portions of the section shall remain valid and in force. (Passed 8-6-91)