Loading...
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.
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.