Loading...
(a) Applications for a permit for relief from the noise restrictions in this subchapter for an activity shall be made to the health director or his or her designated agent.
(b) Permits must comply with the following:
(1) Application shall be made on a form provided by the health department;
(2) Application shall be made in accordance with the application deadlines set forth in § 93.011;
(3) Payment of a fee as set forth in § 93.011, except bona fide neighborhood block parties which shall be free;
(4) Permits may be issued for any activity conducted between the hours of 6:00 a.m. and 10:30 p.m. Permits shall allow the permitted sound pressure level of no more than an L90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period until 8:00 p.m. when the permit shall allow the permitted sound pressure level of no more than an L90 of 65 dbA or no more than five peaks of 72 dbA or higher in any three-minute period. Permits shall expire at 10:30 p.m. unless otherwise stated;
(5) Permits may be issued in the Main Street Sioux Falls Business Improvement District for the purpose of music and entertainment between the hours of 6:00 a.m. and 10:30 p.m. except Friday and Saturday nights when the permits may be granted from 6:00 a.m. until 11:30 p.m. These permits shall allow the permitted sound pressure level of no more than an L90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period for the entire duration of the permit;
(6) A special sound permit for a location may be granted allowing extended time and/or decibel levels on a case by case basis. In those cases, the parameters of the event(s) covered by the permit shall be outlined on the permit;
(7) The permit may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the city or the surrounding neighborhood;
(8) The health director or his or her designated agent may revise the conditions of any permit if atmospheric conditions, topography or unanticipated acoustic reverberations increase sound levels at the receiving land;
(9) The permit shall be posted at the activity; and
(10) When sound readings are taken to determine compliance with a permit, the sound readings shall be of the sound emitting from the permitted source.
(1972 Code, § 9-6; 1992 Code, § 25.5-6) (Ord. 72-78, passed 7-10-1978; Ord. 57-98, passed 6-15-1998; Ord. 6-10, passed 2-10-2010)
(a) 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 a manner as to exceed the following noise limits for the category of motor vehicle shown. Noise shall be measured at a distance of at least 25 feet (7.5 meters) and at a height of at least 4 feet (1.2 meters) above the immediate surrounding surface.
Sound Pressure Level dB(A) | ||
Speed Limit 40 mph or less | Speed Limit over 40 mph | |
Motor vehicles with a manufacturer’s gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,000 pounds or more, or any combination of vehicles towed by the motor vehicle | 90 | 94 |
Any other motor vehicle or any combination of vehicles towed by any motor vehicle | 80 | 84 |
(b) This section shall apply 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 subchapter relating to motor vehicle mufflers for noise control.
(c) No person shall operate or cause to be operated any motor vehicle within the city unless the exhaust system of the vehicle is:
(1) Free from defects which affect sound reduction;
(2) Equipped with a muffler or other noise dissipative device; and
(3) Not equipped with any cutout, bypass or similar device.
(1972 Code, § 9-7; 1992 Code, § 25.5-7) (Ord. 72-78, passed 7-10-1978; Ord. 85-78, passed 8-21-1978; Ord. 6-10, passed 2-10-2010)
Statutory reference:
Motor vehicle noise, see SDCL 32-15-11
(a) The health department shall have joint enforcement responsibility with appropriate law enforcement agencies as it relates this subchapter.
(b) Permits shall allow the permitted sound pressure level of no more than an L 90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period until 8:00 p.m. when the permit shall allow the permitted sound pressure level of no more than an L90 of 65 dbA or no more than five peaks of 72 dbA or higher in any three-minute period. Permits shall expire at 10:30 p.m. unless otherwise stated.
(c) Permits issued in the Main Street Sioux Falls Business Improvement District for the purpose of music and entertainment shall allow the permitted sound pressure level of no more than an L90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period for the entire duration of the permit.
(d) Any violation of the parameters, conditions or requirements set forth for a permit shall be deemed a violation of the permit and shall subject the permit to revocation or compliance review.
(e) A permit may be periodically reviewed and, if findings warrant, the terms and conditions of the permit may be revised or the permit revoked.
(f) In the case that a permit holder or an activity is found to be in violation of this chapter, a notice of violation or a citation may be written. If two or more notices of violation and/or citations are written, the permit holder will be subject to a compliance review. Failure to remedy the noise violation and/or noise disturbance or comply with the orders of the compliance review may result in revocation or denial of future permits.
(g) If 25 residents of the city affected by a sound activity wish to protest a sound permit, they may sign a petition and present it to the health director. When the health director receives a petition, a compliance review of the sound permit will occur.
(1972 Code, § 9-8; 1992 Code, § 25.5-8) (Ord. 72-78, passed 7-10-1978; Ord. 6-10, passed 2-10-2010)
Cross-reference:
Health and sanitation, see ch. 92
(1972 Code, § 9-10; 1992 Code, § 25.5-9) (Ord. 72-78, passed 7-10-1978)
Sound Permit Applications and Fees | ||||
Application Type | Description | Application Deadline | Permit Cost | Past Deadline Fee |
Monthly | Single vendor permitting multiple events within a calendar month. Limited to no more than 10 days | Minimum 2 weeks prior to 1st day of the month | $240 | $360 |
Single Event | Single vendor requesting for event lasting no more than 3 consecutive days | Minimum 1 week prior to event | $60 | $90 |
Special | Single event lasting no more than 3 consecutive days requesting extended time and/or decibel levels | Minimum 1 month prior to event date | 1 day-$90; 2 day-$130; 3 day-$170 | 1 day-$135; 2 day-$195; 3 day-$255 |
(1992 Code, § 25.5-16) (Ord. 6-10, passed 2-10-2010)
Loading...