553.01 Definitions.
553.02 General prohibition of noise emissions.
553.03 Noise from persons or stationary noise sources in Residential Zoning Districts or affecting Residential or institutional property.
553.04 Noise from persons or stationary noise sources in Commercial and Industrial Zoning Districts.
553.05 Noise from mobile noise sources.
553.06 Mufflers.
553.07 Noise in places used for entertainment.
553.08 Noise artificially amplified.
553.09 Federal Noise Emission Standards.
553.10 Conflict with other regulations.
553.11 Variances.
553.99 Penalty.
CROSS REFERENCES
Squealing tires; exhaust noises - see TRAF. 331.36
Disturbing the peace by unreasonable noise - see GEN. OFF. 509.03
Acoustical terminology used throughout these regulations is that most recently approved as American Standard Acoustical Terminology by the American National Standards Institute; except as may be specified otherwise herein.
(a) “Person” means any individual, partnership, association, firm, syndicate company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties.
(b) “Noise pollution” means the presence of that amount of acoustic energy for that period of time necessary:
(1) To cause temporary or permanent hearing loss in persons exposed;
(2) To be otherwise injurious, or tend to be, on the basis of current information, injurious to the public health or welfare;
(3) To cause a nuisance;
(4) To interfere with domestic tranquility, that is, the comfortable enjoyment of life and property or the conduct of business; or
(5) To exceed standards or restrictions established herein or pursuant to the granting of any permit by Council.
(c) “Noise level” or “sound-pressure level”, in decibels, means 10 times the common logarithm of the ratio of the time-mean-square pressure of the sound to the reference mean-square sound pressure. The reference mean-square sound pressure shall be 4 x 10-8 microbars squared. (20 micropascal squared)
(d) “dBA” mean the A-weighted sound-pressure level in decibels, as measured by a sound-level meter complying with the provisions of the American Standard for General Purpose Sound Level Meters, American National Standards Institute, properly calibrated, and operated on the “A” weighting network.
(e) “Noise source” means any person or animal, or mechanical, electrical or thermal device which radiates acoustic energy.
(f) “Mobile noise source” means any source, other than an individual, of acoustic energy in motion relative to a fixed position.
(g) “Stationary noise source” means any source, other than an individual, of acoustic energy in a fixed position.
(Ord. 31-76. Passed 4-27-76.)
(Ord. 31-76. Passed 4-27-76.)
No person or persons owning, leasing or controlling the operation of any source or sources of noise, including an animal or animals, shall willfully, negligently or through failure to take necessary precautions, permit the establishment or continuation of a condition of noise pollution.
(Ord. 31-76. Passed 4-27-76.)
(Ord. 31-76. Passed 4-27-76.)
(a) No persons shall create or cause to be emitted from his person, or from any stationary noise source, any noise which causes or results in a noise level equal to, or exceeding, 55 dBA measured at any lot line of any lot located in any residential zoning district or in residential or institutional use elsewhere.
(b) Notwithstanding the prohibition in subsection (a), no person shall cause unreasonable noise to be made which is audible in any residential zoning district or in residential or institutional use elsewhere. For purposes of this section, “unreasonable noise” shall be defined as follows, but such enumerations shall not be deemed to be exclusive:
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle or other vehicle except as a danger warning; the creation by means of any such sounding of any such device for an unnecessary and unreasonable period of time.
(2) Radios, phonographs, etc. The use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of a neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. Such operation between the hours of 9:00 p.m. and 7:30 a.m. in such manner as to be audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of violation of this section.
(3) Loudspeakers, amplifiers for advertising. The use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public.
(Ord. 135-97. Passed 12-9-97.)
(4) Exhausts. The discharge into the open air of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, motorcycle, motorized bicycle, all-terrain vehicle, or other such similar motorized device except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(Ord. 44-2003. Passed 8-12-03.)
(5) Shouting. The shouting and crying of peddlers, hawkers, vendors and others which disturb the peace and quiet of the neighborhood.
(6) Heavy equipment. The use of heavy earth-moving and construction equipment in close proximity to residential dwellings during the hours of 7:00 p.m. to 7:30 a.m. The above regulations shall apply except in periods of emergency, as determined by the Director of Public Safety and upon permit issued by the Director of Public Safety.
(7) Lawn mowers, power-driven lawn and garden equipment and other tools. The operation of a lawn mower, power-driven lawn and garden equipment and power-driven tools and excessive hammering or pounding within 300 feet of any dwelling unit before 7:30 a.m. or after 9:00 p.m.
(Ord. 135-97. Passed 12-9-97.)
No person shall create or cause to be emitted from his person, or from any stationary noise source, any noise which causes or results in a noise level equal to, or exceeding 60 dBA measured at any lot line of any lot located in any Commercial or Industrial Zoning District other than a lot in residential or institutional use.
(Ord. 31-76. Passed 4-27-76.)
(Ord. 31-76. Passed 4-27-76.)
No person shall create or cause to be emitted from any mobile noise source, other than his person, any noise which causes or results in a maximum noise level equal to, or exceeding 85 dBA at a distance equal to, or greater than, 50 feet from the closest point of the source, except for trucks exceeding 10,000 pounds gross vehicle weight, for which the maximum allowable noise level shall be 90 dBA at a distance equal to, or greater than, 50 feet from the closest point of the source.
For other measurement distances the following table shall apply:
Measurement Distance in feet | 50 | 40 | 30 | 20 |
Maximum Permissible Noise Level in dBA | 85 | 87 | 90 | 93 |
For trucks exceeding 10,000 pounds gross vehicle weight, permissible noise levels in the preceding table shall be increased by 5 dBA. |
(Ord. 31-76. Passed 4-27-76.)
No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such that the noise, measured in dBA emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured. No person shall operate a motor vehicle with an inoperative or defective muffler.
(Ord. 31-76. Passed 4-27-76.)
(Ord. 31-76. Passed 4-27-76.)
No person or persons owning, leasing or controlling the operation of any place used for entertainment shall willfully, negligently or through failure to take necessary precautions, permit the imposition or continuation of a sound pressure (noise) level exceeding 85 dBA on any member of the audience by such person or by any person engaged or employed by such person.
(Ord. 31-76. Passed 4-27-76.)
(Ord. 31-76. Passed 4-27-76.)
In those instances where Federal Noise Emission Standards are established for any noise source, then those Noise Emission Standards shall also be applicable to the same or similar noise sources existing under conditions, such as noninterstate commerce, where the Federal Standards would not otherwise apply. Federal Noise Emission Standards shall supersede in all conflicts with this chapter when the Federal Standards are less stringent.
(Ord. 31-76. Passed 4-27-76.)
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