53.06 USE DISTRICT NOISE LEVELS.

   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.

53.07 SOUND LEVEL MEASUREMENTS.

Sound level measurements shall be made with a sound level meter using the A weighting scale, in accordance with standards promulgated by the American National Standards Institute or other reasonable standards adopted and tested by the City.

53.08 EXEMPTIONS.

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.

53.09 PERMIT.

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.

53.10 MOTOR VEHICLE NOISE.

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.

53.11 VIOLATION.

Violation of any provision of this chapter is a simple misdemeanor. Each violation sent by certified mail shall constitute a separate violation of this chapter.

(Ord. 02-2023 – Jun. 23 Supp.)

53.12 ADDITIONAL REMEDIES.

Violations of Sections 53.04 through 53.10 of this chapter are deemed and declared to be a nuisance and as such may be subject to abatement by means of a restraining order or injunction issued by a court of competent jurisdiction, or as otherwise provided for in Chapter 50 of this Code of Ordinances.