The following acts, and the causing or permitting thereof, are hereby declared to be in violation of this chapter:
(a) Air Conditioners. Maintaining any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a residential real property boundary. Maximum levels shall not exceed sixty dBA at fifty feet from the source between the hours of 8:00 a.m. and 9:00 p.m. and fifty dBA at fifty feet from the source between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(b) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m. of the following day, or after 8:00 p.m. and before 10:00 a.m. on 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. During the permitted period of operation, maximum sound levels in residential areas shall not exceed sixty dBA measured at a distance of fifty feet from the vehicle or other noise sound.
(Ord. A-1846. Passed 3-23-92.)
(c) Domestic Power Tools. 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, outdoors between the hours of 9:00 p.m. and 7:00 a.m. of the following day during the period from September 1 through May 31 and between the hours of 10:00 p.m. and 7:00 a.m. of the following day during the period from June 1 through August 31, so as to cause a noise disturbance across a residential property boundary.
(Ord. A-1852. Passed 5-26-92.)
(d) 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, as provided in this section. 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 sixty seconds. 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 a test exceed ten minutes.
(2) 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.
(3) 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.
(e) Explosives, Firearms and Similar Devices. The using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a fireworks display permit, as further provided in Section 1501.13.
(f) Loading or Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m. of the following day, or after 10:00 p.m. and before 10:00 a.m. on Sundays, in such a manner as to cause a noise disturbance across a residential real property boundary.
(g) Loudspeakers/Public Address Systems.
(1) Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of- way or public space for any commercial purpose, except as otherwise provided in Chapter 725.
(2) Using, operating or permitting, for any noncommercial purpose, any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 9:00 p.m. and 10.00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary.
(h) 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 enclosed place of public entertainment at a sound level greater than ninety-five dBA as read with a slow response on a sound level meter at any point which 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".
(Ord. A-1846. Passed 3-23-92.)
(i) Powered Vehicles. Operating or permitting the operation of powered vehicles (i.e. powered model airplanes, go-carts) so as to create a noise disturbance across a real property boundary or in a place of public entertainment between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(Ord. A-1852. Passed 5-26-92.)
(j) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation of any radio, television, phonograph, drum, musical instrument or similar device which produces, reproduces or amplifies sound:
(1) Between the hours of 10:00 p.m. and 8:00 a.m. of the following day on weekdays, and before 10:00 a.m. and after 8:00 p.m. on Sundays, in such a manner as to create a noise disturbance across a residential real property boundary; or
(2) In such a manner as to create a continuing noise disturbance in excess of fifty dBA at fifty feet from such a device, when operated in or on a motor vehicle on a public right- of-way or public space, or when freestanding on public or private property.
(k) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, motor bicycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(l) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or continuously howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary, as further provided in Section 505.09.
(m) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 7,000 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. of the following day, as further provided in Section 351.14. This section shall not apply to public utilities 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 a manner that the sound pressure level emitted by such vehicle exceeds the levels set forth in Table 1 below, when measured at the location and distance established by paragraph (m)(3) hereof, or otherwise operate a motor vehicle in a manner prescribed by Section 331.35, 337.20, 337.21 or 509.08. This section shall apply to all licensed motor vehicles, whether publicly or privately owned.
TABLE 1
MAXIMUM MOTOR VEHICLE AND MOTORCYCLE SOUND LEVELS
MAXIMUM MOTOR VEHICLE AND MOTORCYCLE SOUND LEVELS
Sound Pressure Level in dBA | Stationary Run-Up | |||
Vehicle class | Speed limit 35 miles per hour or less | Stationary engine speed | Microphone distance from vehicle | Noise Limit in dBA |
Motor Carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 pounds or more | Adopted Federal interstate motor carrier procedures | Maximum governor speed (N/A to vehicles w/o governors). Ungoverned vehicles of this class shall be tested as 75% of motor speed at maximum developed horse power | 50 feet from centerline of vehicle | 88 |
Any motor vehicle with a GVWR or GCWR of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle | 86 (Min. of 15 feet from center lane of traffic) | 88 | ||
Any motorcycle | 80* (Min. of 15 feet from center lane of traffic) | ½ tachometer red line value | 20 inches from near side of vehicle | 95 |
Any other motor vehicle and any combination of vehicles towed by such motor vehicle | 80* (Min. of 15 feet from center lane of traffic) | 3000 RPM | 20 inches from end of tailpipe at a 45° angle | 95
|
*Enforce at 86 dBA
(3) For the purpose of paragraph (m)(2) hereof, the standard measurement height shall be four feet, and the standard horizontal measurement distance from the centerline of the traffic lane monitored to the sound level meter shall be a minimum of fifteen feet, and at least ten feet from any large reflecting surface. Measurements, for the purpose of enforcing paragraph (m)(2) hereof, may be taken at a horizontal distance from the centerline of the traffic lane being monitored from twenty-five feet to 100 feet, and the correction factor applied to the limits set forth in Table 2 below.
TABLE 2
CORRECTION FACTORS
CORRECTION FACTORS
Measurement Distance (ft.) | Corrections to Limits (dB) |
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 |
(Ord. A-1846. Passed 3-23-92.)