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(a) No person shall operate within the speed limits specified in this section a motor vehicle of a type subject to registration at any time or under any condition of load, acceleration or deceleration in such manner as to exceed the following noise limits for the category of motor vehicle, based on a distance of not less than fifty feet from the center line of travel:
Type of Vehicle Noise Limit in relation to Posted Speed Limit
(1) Trucks and buses 35 MPH or less Over 35 MPH
Any motor vehicle with a manufacturer's GVW rating of 10,000 lbs. or more
Before January 1, 1976 88 dbA 90 dbA
After January 1, 1976 86 dbA 90 dbA
(2) Passenger cars, light trucks and buses under 10,000 lbs. 76 dbA 82 dbA
(3) Motorcycles 82 dbA 86 dbA
(4) Noise from snowmobiles, minibikes, go-carts and other off-highway vehicles must not exceed 82 dbA when measured at a distance of not less than fifty feet.
(b) No person in charge or control of any vehicle shall:
(1) Make, with such vehicle, or any device connected therewith, any excessive noise to annoy the public or unnecessarily race his motor while running idle, or open the muffler on any vehicle, upon the streets of the City.
(2) Sound any horn or signal device on any vehicle for any unnecessary and excessive period of time, except as a danger signal.
(3) Operate any vehicle in a manner, such as by rapid acceleration, turning, backing or starting and stopping the vehicle, so as to cause unreasonable or excessive noise from the contact of any tire of the vehicle upon the surface where the vehicle is being operated.
(1952 Code § 17-15-113; Ord. 3-75)
(a) Except as provided for in subsection (b) hereof, in Zoning Districts RS-12, RS-9, RS-6, RD-6, RM-12, RM-24, RM-36, RMH, CN, CO, CS, CM, CR, CD, IL, IG, IP, POS, and IC, no person shall operate any fixed machinery or equipment, or similar mechanical device in any manner so as to create any noise which would cause the noise level measured at the property line of the property affected by the noise emission to exceed the applicable fixed noise level in this section. Noise limits shall not exceed the following:
Sound Level | ||
Zoning District | Time Period | dbA |
RS-12, RS-9, RS-6, RD-6, RM-12, POS, IC
| 10 p.m. - 7 a.m.
| 55
|
7 a.m. - 10 p.m.
| 60
| |
RM-24, RM-36, RMH
| 10 p.m. - 7 a.m.
| 60
|
7 a.m. - 10 p.m.
| 65
| |
CN, CO, CS, CM, CR, CD, IP
| 10 p.m. - 7 a.m.
| 65
|
7 a.m. - 10 p.m.
| 70
| |
IL
| Any time
| 70
|
IG
| Any time
| 75
|
unless such person has filed an application for variance in accordance with the provisions of Section 507.19.
If the measurement location is on a boundary between two zoning districts, the lower sound level shall apply.
(b) The provisions of subsection (a) hereof shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 75 dbA when measured at the property line of the property whereon it is located.
(1952 Code § 17-15-114; Ord. 3-75; Ord. 170-04. Passed 3-23-04.)
No person authorized to engage in waste disposal services or garbage collection shall provide such services so as to create an unnecessary amount of noise. For the purpose of this section, noise emitted by equipment shall not be deemed unnecessary or without justification if the person engaged in such services has to the extent reasonably feasible in the judgment of the Director of Pollution Control, incorporated available sound-deadening devices into equipment used in rendering those services.
Notwithstanding the foregoing, no person authorized to engage in waste disposal services, or garbage loading and/or compacting equipment or similar mechanical device in any manner shall create any noise exceeding the following levels when measured at a distance of fifty feet from the equipment when within 500 feet of a residential zone:
(a) On or after a date one year afte the effective date of this section 9 p.m.-7 a.m. 7 a.m.-9 p.m.
80 dbA 87 dbA
(b) On or after a date forty-eight months after the effective date of this section 9 p.m.-7 a.m. 7 a.m.-9 p.m.
80 dbA 82 dbA
(c) Impulsive sounds must not exceed the levels specified in subsection (a) or (b) hereof by more than 5 dbA unless such person has filed an application for variance in accordance with the provisions of Section 507.19.
(1952 Code § 17-15-115; Ord. 3-75)
No person, other than personnel of law enforcement, governmental agencies or utilities services or permittees duly authorized, shall use or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any public street, alley, sidewalk, park or place, or other public property, except when installed, used or operated in compliance with the following provisions:
(a) Residential zones and within 500 feet thereof:
(1) No fixed or movable sound amplifying equipment shall be installed, operated or used for commercial purposes at any time except as provided in Section 745.08 of the Business Regulation Code.
(2) The operation or use of sound amplifying equipment for noncommercial purposes, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(b) In all other zones, except such portions thereof, as may be included within 500 feet of any residential zone:
(1) The operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(2) The operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(c) The only sounds permitted shall be either music, human speech or both.
(d) Sound emanating from sound amplifying equipment shall be limited in volume, tone and intensity so that the sound shall not be audible at a distance in excess of 200 feet from the sound equipment.
(e) Except as provided in subsection (b) above, no sound amplifying equipment shall be operated upon any property adjacent to and within 200 feet of any hospital grounds or any school or church building while in use.
(1952 Code § 17-15-116; Ord. 3-75)
(a) Steady state vibration shall not exceed 0.20 inches per second peak particle velocity, or its equivalent in displacement or acceleration, in any one of the three mutually perpendicular components of motion: vertical, longitudinal or transverse.
(b) Impulsive vibration shall not exceed 0.4 inches per second peak particle velocity, or its equivalent in displacement or acceleration, on any one of the three mutually perpendicular components of motion except blasting or pile driving, which shall not exceed 2.0 inches per second peak particle velocity.
(c) All vibration recordings shall be made on the ground adjacent to the closest structure neither contractor-owned nor leased.
(d) Traffic shall be excluded from this section.
(1952 Code § 17-15-117; Ord. 3-75)
(a) The Director of Pollution Control or other member of the Agency may enter at any reasonable time, with reasonable notice, into or upon any private or public property, except the administrative offices of any person, for the purposes of inspection and investigation of any condition or equipment which the Director shall have reasonable cause to believe to be causing unnecessary noise in violation of this chapter.
(b) The Director or other member of the Agency may inspect at any reasonable time and in a reasonable manner, with reasonable notice, any record relating to the use of equipment which creates or may create unnecessary noise.
(c) No person shall refuse entry, nor obstruct, delay, prevent or in any way interfere with the Director or other member of the Agency while carrying out an inspection, or in the performance of their duties. Should such right of entry be unreasonably denied, then the Director is authorized to obtain a search warrant.
(1952 Code § 17-15-118; Ord. 3-75)
(a) The Director of Pollution Control may grant individual variances beyond the limitation prescribed by this chapter, whenever it is found, upon presentation of adequate proof, that compliance with any section of this chapter, or with any regulation or order of the Director in respect to this chapter would impose unreasonable hardship. In granting a variance, the Director may impose such conditions as the policies of this chapter may require.
(b) Any variance granted pursuant to this section shall be granted for such period of time, not exceeding one year, as shall be specified by the Director at the time of the grant of such variance and upon the conditions that the person who receives such variance shall make such periodic progress reports as the Director shall specify. Such variance may be extended for periods up to six months by affirmative action of the Director, but only if satisfactory progress has been shown. The Director may, in the case of construction, grant a variance for the duration of the project and a contract letting agency, public or private, may apply for this variance.
(c) If requested by the petitioner or if deemed desirable by the Director, a public hearing shall be held prior to the issuance of any variance for the purpose of allowing any person to present evidence with respect to the requested variance. Notice of such hearing shall be promulgated by the Director in the form of a news release at least ten days prior to the hearing.
(d) The petition shall be accompanied by a fee of twenty-five dollars ($25.00).
(e) Governmental agencies are exempted from the payment of fees.
(1952 Code § 17-15-119; Ord. 3-75)
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