The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter.
(a) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.
(b) Places of Public Entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment at a sound level greater than 95 dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance stating "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT".
(c) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, or motor boat frequently or for continued duration in such a manner as to cause a noise disturbance across a residential real property boundary.
(d) Adequate Mufflers or Sound Dissipative Device.
(1) Operating or causing to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation.
(2) Removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
(3) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, except through a muffler or other device in good working order and in constant operation.
(e) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 8:00 a.m. This section shall not apply to public utility vehicles, municipal service vehicles or buses operated as common carriers.
(2) No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table 1, below, when measured at the location and distance established by subsection (e)(3), also below. This section shall apply to all licensed motor vehicles, whether publicly or privately owned.
TABLE 1
Sound Pressure Level, dB(A) | ||
Vehicle Class | Speed Limit 35 MPH or Less | Speed Limit Over 25 MPH |
1. Federally registered interstate motor carrier. | To Comply with Federal Stamdards | |
2. Any motor vehicle with a manufacturers gross vehicle rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle. | 86 | 90 |
3. Any motorcycle other than a motor- driven cycle | ||
Before 1, Jan. 1978 | 82 | 86 |
After 1, Jan. 1978 | 78 | 82 |
4. Any other motor vehicle and any combination of vehicles towed by such motor vehicle | ||
Before 1, Jan. 1978 | 76 | 82 |
After 1, Jan. 1978 | 70 | 79 |
(3) For the purpose of subsection (e)(2) hereof, the standard measurement height shall be four feet and the standard horizontal measurement distance from the center line of the traffic lane monitored to the sound level meter shall be fifty feet. Measurements for the purpose of enforcing subsection (e)(2) hereof may be taken at a horizontal distance from the center line of the traffic lane being monitored of from twenty-five feet to one hundred feet, and the correction factor applied to the limits set forth in Table 2, below.
TABLE 2
Correction Factors
Measurement Distance (Feet) | Correction to Limits (dB(A)) |
25 | +6 |
28 | +5 |
32 | +4 |
35 | +3 |
40 | +2 |
45 | +1 |
50 | 0 |
56 | -1 |
63 | -2 |
70 | -3 |
80 | -4 |
90 | -5 |
100 | -6 |
(The above table assumes a free field situation - allowance should be made for reflective noise)
(4) Racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency in such manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly called “peeling”. This section shall not apply to emergency vehicles.
(Ord. 117-1979. Passed 12-22-80.)
(f) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays or after 10:00 p.m. and before 9:00 a.m. on Saturdays and Sundays, in such a manner as to cause a noise disturbance across a residential real property boundary.
(g) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
(1) Between the hours of 9:00 p.m. and 7:30 a.m. the following day on weekdays or after 8:00 p.m. and before 9:00 a.m. Saturdays and Sundays, such that the sound therefrom creates a noise disturbance across a residential real property boundary except for emergency work of public service utilities or by special variance.
(Ord. 65-1997. Passed 7-28-97.)
(2) This section shall not apply to the operation of heavy equipment which is the subject of Section 509.09.
(3) It is the intent of this section that heavy equipment operated during the times permitted by these Codified Ordinances shall still be subject to the maximum permissible sound levels set forth in Section 555.04 and other sections of this chapter.
(4) This section shall not apply to the use of domestic power tools which are subject to Section 555.03(k). (Ord. 53-1981. Passed 7-27-81.)
(h) Emergency Signaling Devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, except as otherwise provided in Chapter 555.
(2) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.
(3) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test time exceed ten minutes.
(4) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation.
(5) The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger. (Ord. 117-1979. Passed 12-22-80.)
(i) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound:
(1) Between the hours of 10:00 p.m. and 8:00 a.m. the following day on weekdays and before 9:00 a.m. and after 8:00 p.m. on Saturdays and Sundays, in such a manner as to create a noise disturbance across a residential real property boundary. (Ord. 65-1997. Passed 7-28-97.)
(2) In such a manner as to create a noise disturbance in excess of 60 dB at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space.
(j) Loudspeakers/Public Address Systems.
(1) Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 9:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary. Mobile sound vehicles amplifying noncommercial spoken language between 9:00 p.m. and 8:00 a.m. the following day shall be exempt from this subsection (j)(1) hereof with a permit from the Safety Director.
(2) Using or operating for any commercial purposes any loudspeaker, public address system or similar device between the hours of 9:00 p.m. and 8:00 a.m. the following day such that the sound therefrom creates a noise disturbance on a public right-of-way or public space.
(Ord. 65-1997. Passed 7-28-97.)
(k) Domestic Power Tools and Equipment. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower or other similar device used outdoors, other than powered snow removal equipment in residential areas between the hours of 9:30 p.m. and 8:00 a.m. the following day on weekdays and before 9:00 a.m. or after 8:00 p.m. on Saturdays and 9:00 a.m. or after 8:00 p.m. on Sundays so as to cause a noise disturbance across a residential real property boundary.
(1) Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 9:00 p.m. and 8:00 a.m. the following day on weekdays and before 9:00 a.m. or after 8:00 p.m. on Saturdays and Sundays.
(2) During the permitted period of operation, maximum sound levels in residential areas shall not exceed 60 dB(A) measured at a distance of fifty feet from the vehicle or other noise source.
(Ord. 54-2015. Passed 7-20-15.)