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The following acts are declared to be in violation of this chapter:
1. Horns and Signaling Devices. Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the City except as a danger warning signal as provided in the vehicle code of the State of Iowa or the sounding of any such signaling device for an unnecessary and unreasonable period of time.
2. Radios, Television Sets, Musical Instruments and Similar Devices.
A. Using, operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other machine or device as provided for in subsection 3 of this section, in such a manner as to violate Section 53.06 or to cause a noise disturbance.
B. The operating of any such device between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet (15 meters) from such device when operated within a vehicle parked on a public right-of-way.
3. Public Loudspeakers. Using or operating a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park, place or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons in such a manner as to violate Section 53.06 or cause a noise disturbance unless a permit as provided by Section 53.09 is first obtained.
4. Hawkers and Peddlers. Selling anything by outcry within any area of the City which is zoned primarily for residential uses in such a manner as to violate Section 53.06 or cause a noise disturbance. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.
5. Animals. Owning, keeping, possessing or harboring any animal or animals which, by frequent or habitual noise-making, violates Section 53.06 or causes a noise disturbance. The provisions of this section shall apply to all private and public facilities, including any animal pounds or animal hospitals which hold or treat animals.
6. Loading Operation. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to violate Section 53.06 or cause a noise disturbance.
7. Construction Work. Operating, or causing to be used or operated, any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances:
A. In residential or commercial land use districts between the hours of 8:00 p.m. and 7:00 a.m. the following day; or
B. In any land use district where such operation exceeds the sound level limits for an industrial land use as set forth in Section 53.06.
8. Power Equipment. Operating or permitting to be operated any power equipment, except construction equipment used for construction activities including but not limited to power saws, sanders, lawn mowers, garden equipment, and chain saws:
A. In residential or commercial land use districts between sunset and 7:00 a.m. the following day; or
B. In any land use district if such equipment emits a sound pressure level in excess of 82 dB(A) measured at a distance of 50 feet (15 meters).
9. Fireworks or Explosives. The use of explosives or fireworks, or the firing of guns or other explosive devices so as to be audible across a property boundary or on a public space or right-of-way, without first obtaining a permit as provided by Section 53.09. This provision shall not be construed to permit conduct prohibited by other statutes, ordinances or regulations governing such activity.
11. Powered Model Mechanical Devices. The flying or operating of a model vehicle powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices, between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to violate Section 53.06 or cause a noise disturbance.
12. Standing Motor Vehicle. The operating or causing or permitting to be operated in a residential zone, any motor vehicle or any auxiliary equipment attached in such a manner as to violate Section 53.06 or cause a noise disturbance for a consecutive period longer than 15 minutes during which such a vehicle is stationary.
1. Maximum Permissible Sound Levels. It is a violation of this chapter for any person to operate or permit to be operated any stationary source of sound in such a manner as to create a ninetieth percentile sound pressure level (L
90
) of any measurement period (which shall not be less than 10 minutes unless otherwise provided in this chapter) which exceeds the limits set forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise:
Use District | 8:00 p.m. to 7:00 a.m. | 7:00 a.m. to 8:00 p.m. |
Residential | 45 dB(A) | 55 dB(A) |
Commercial-Agricultural | 55 dB(A) | 60 dB(A) |
Industrial | 75 dB(A) | 80 dB(A) |
2. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories.
3. Correction for Duration of Sound.
A. It is a violation of this chapter for any person to operate, or permit to be operated, any stationary source of sound within any land use district which creates a tenth percentile sound pressure level (L
10
) of 15 dB(A) greater than levels set forth for the receiving land use districts in subsection 1 of this section for any measurement period. Such period shall not be less than 10 minutes.
B. Notwithstanding subsection A of this subsection, no person shall operate or permit to be operated any stationary source of sound within any land use district which created a tenth percentile sound pressure level (L
10
) greater than 15 dB(A) above the ambient sound pressure level (L
90
) of any measurement period. Such measurement period shall not be less than 10 minutes.
4. Correction for Character of Sound.
A. For any stationary source of sound which emits a pure tone, cyclically varying sound or repetitive impulsive sound, the limits set forth in subsection 1 of this section shall be reduced to 5 dB(A).
B. Notwithstanding compliance with subsection A of this subsection, it is a violation of this chapter for any person to operate or permit to be operated any stationary source of sound which emits a pure tone, cyclically varying or repetitive impulsive sound which creates a noise disturbance.
The following uses and activities are exempt from noise level regulations:
1. Noise of safety signals, warning devices and emergency pressure relief valves.
2. Noise resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
3. Noise resulting from emergency work.
4. Noise resulting from lawful fireworks and noise makers used for celebration of an official holiday.
5. Any noise resulting from activities of temporary duration authorized by license or permit approved by the Council in accordance with Section 53.09 of this chapter.
6. Snow removal equipment.
Applications for a permit for relief from the noise restrictions set forth in this chapter on the basis of undue hardship may be made to the Council. Any permit granted by the Council or its authorized representative shall contain all conditions upon which said permit has been granted including, but not limited to the effective dates, any time of day, location, sound pressure level or equipment limitation. The relief requested may be granted upon good and sufficient showing:
1. That additional time is necessary for the applicant to alter or modify his or her activity or operation to comply with this chapter; or
2. That the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter and
3. That no reasonable alternative is available to the applicant.
The Council may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon a community or the surrounding neighborhood.
No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown below. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least 4 feet (1.2 meters) above the immediate surrounding surface.
Sound Pressure Level, dB(A) | ||
Speed Limit 35 MPH or Less | Speed Limit Over 35 MPH | |
Motor vehicles with a manufacturer’s gross vehicle weight rating (GVWR) or gross combination weight rating (BCWR) of 10,000 pounds or more, or any combination of vehicles towed by such motor vehicle | 90 | 94 |
Any other motor vehicle or any combination of vehicles towed by any motor vehicle | 80 | 84 |
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this Code of Ordinances relating to motor vehicle mufflers for the noise control.
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