A. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
"A" BAND LEVEL: The total sound level of all noise as measured with a sound level meter using A-weighting network. The unit is the dB(A).
AMBIENT NOISE: The all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. For the purpose of this chapter, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Averaging may be done by instrumental analysis in accordance with American national standards S13-1971, or may be done manually as follows:
1. Observe a sound level meter for five (5) seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
2. Repeat the observations as many times as necessary to ensure that observations are made at the beginning and the end of the fifteen (15) minute averaging period and that there are at least as many additional observations as there are decibels between the highest high indication and the lowest low indication.
3. Calculate the arithmetical average of the observed central tendency indications.
BUSINESS: Either a corporation, limited liability corporation, partnership, any other type of fictitious person or in the event the business is not owned by a fictitious entity, the individual owners. A business does not mean a governmental agency or entity.
DECIBEL: A sound pressure that is twenty (20) times the logarithm to the base-10 of the ratio of the pressure of sound to the reference pressure, 2 x 10-5 Newton/meter2.
DWELLING: Building, which is designed for residential purposes with the exception of any residential unit located within a hotel, mobile home or RV park, or other transitory lodging development within the limits of the city of Tombstone.
EXCESSIVE NOISE: The presence of sound as measured by standard testing devices as established by noise rules adopted by department of health (DOH) of a volume or in quantities which unreasonably interferes with comfortable enjoyment of life and property in such areas of city limits as are affected thereby, including a device for reproducing sound if sound produced is audible at a distance of fifty feet (50') from device. Any such device which produces a sound level of seventy (70) decibels or more on the "A" scale for a period of fifteen (15) minutes or longer, at fifty feet (50'), shall be deemed to be a per se violation of the noise ordinance.
FREQUENCY: "Frequency" of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.
IMPULSE NOISE: A noise of short duration, usually less than one second, with an abrupt onset and rapid decay.
MICROBAR: A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
PERIOD: "Period" of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.
PERIODIC QUANTITY: Oscillating quantity, the values of which recur for equal increments of time.
PURE TONE NOISE: Any noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by an enforcement officer.
SOUND LEVEL: "Sound level" (noise level), in decibels (dB) is the sound measured with the A-weighting and slow response by a sound level meter.
SOUND LEVEL METER: An instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American standard specifications for sound level meters S1.4-1971 or the most recent revision thereof.
UNREASONABLE NOISE: Noise that a reasonable person of normal sensibilities would find excessive, disorderly, loud, or unnecessary and that can be heard at least fifty feet (50') from the business or residence.
B. Maximum Permissible Sound Levels: No person shall conduct or permit any activity that produces a dB(A) beyond that person's property line or on public property which exceeds the levels specified in table 1 of this section. Where property is used for both residential and commercial purposes, the residential sound levels shall be used only for measurements made on the portion of the property used solely for residential purposes. This section shall not apply where the person responsible for such noise is a participant in or spectator at any exhibition, performance, amusement, attraction, or event authorized or sponsored by the city, or any public entity, or school within the city, provided, however, that the person causing the noise is not purposely intending to annoy, harass or scare any person or animal within city limits of Tombstone.
TABLE 1
Use Of The Property Receiving The Sound Based On The Department Of Health (DOH) "A" Scale | ||
Time | 7:00 A.M. to 7:00 P.M. | 7:01 P.M. to 6:59 A.M. |
Residential | 70 dB(A) | 55 dB(A) |
Commercial | 70 dB(A) | 60 dB(A) |
Industrial | 70 dB(A) | 70 dB(A) |
C. Other Noises Prohibited; Standards For Excessive Noise: Some sounds may be such that they are not measurable by the sound level meter or may not exceed the limits set forth in subsection B of this section, but nonetheless may be excessive and may disturb the peace and quiet of a neighborhood or person. Noises prohibited by this subsection are in violation of this chapter notwithstanding the fact that there is no apparent violation of subsection B of this section. The following activities are prohibited if they produce plainly audible sound beyond the property line of the property on which they are conducted or upon public property and they disturb the peace and quiet of a neighborhood or person:
1. Allowing or causing any continuous or intermittent noise that persists for a period of at least fifteen (15) minutes and which is caused by using, operating or permitting to be played any radio, television, tape deck, record player, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound;
2. Creating or allowing a loud, disturbing noise in connection with the loading or unloading of any vehicle;
3. Owning, possessing, harboring or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds. Any peace officer or any animal control officer is hereby authorized to issue citations to owners for any violation of this subsection;
4. Allowing or causing any shouting, yelling, screaming or any other form of raucous vocalization by a person or group of people;
5. Any noise created by construction activities including, but not limited to, repair, remodeling, demolition, drilling, woodcutting or excavation work conducted from eight o'clock (8:00) P.M. through sunrise Mondays through Saturdays, and at any time on Sundays and legal holidays; except that a person may engage in the above listed activities at that person's own residence or business from sunrise through eight o'clock (8:00) P.M. Mondays through Saturdays, and between nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on Sundays or legal holidays.
D. General Exemptions: The following activities are exempted from the provisions of subsections B and C of this section:
1. Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;
2. Emergency vehicles or sound made to alert persons to the existence of an emergency, danger or attempted crime;
3. Activities or operations of governmental units, agencies or agents of the city, county or state governments, including, but not limited to, vehicles operated by a licensed commercial or industrial solid waste management service, utility companies, CATV companies and other similar type companies as well as commercial vehicles used for the delivery of goods, merchandise and parcels (mail) provided that the noise levels do not exceed seventy five (75) decibels at a distance of twenty five feet (25') during stationary operation;
4. Parades, concerts, festivals, fairs, exhibition, performance, amusement, attraction or event authorized or sponsored by the city, public entity, or school within the city or similar activities that remain within any sound limits and approved by the city;
5. Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools;
6. Church bells or chimes;
7. Heating and cooling equipment when it is functioning in accordance with manufacturer's specifications and is in properly operating condition;
8. Any other activity to the extent a regulation has been preempted by State or Federal law.
E. Temporary Exemptions: The City Council may authorize the City Clerk to grant a temporary exemption from the maximum permissible sound levels established by this section if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought. A temporary exemption must be in writing and signed by the City Clerk and must set forth the name of the party granted the exemption, the location of the private or public property for which it is authorized, the date(s) and time(s) for which it is effective and the dB(A) level(s) authorized. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed thirty (30) days. The following factors shall be considered by the City Council in determining whether to grant a temporary exemption:
1. The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
2. The nearness of any residence or business property, or any other use which would be adversely affected by sound in excess of the limits prescribed by this section;
3. The level of the sound to be generated by the event or activity;
4. Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
5. The density of population of the area in which the event or activity is to take place;
6. The time of day or night which the activity or event will take place;
7. The nature of the sound to be produced, including, but not limited to, whether the sound will be steady, intermittent, impulsive or repetitive.
F. Variances: Persons wishing to continue activities which commenced prior to this section and which create noise in excess of the permitted levels may seek a variance from the City Council. Such a variance may be granted if the council finds that strict application of this section would cause a hardship and that there is no reasonable and prudent alternative method of engaging in the activity.
G. Noisy Vehicles, Motors Prohibited: No person may use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
H. Mufflers Required On Mechanical Devices; Cutouts Prohibited: No person may operate any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutout, bypass or similar device.
I. Noise By Street Vendors, Advertisers: No person may produce any sound in connection with the sale, advertising or display of merchandise from a pushcart, bicycle or vehicle:
1. In excess of seventy (70) dB(A), measured at a distance of fifty feet (50') from the pushcart, vehicle or bicycle; or
2. While such pushcart, bicycle or vehicle is not in motion.
J. Persons Responsible For Noise Violations: If the person responsible for an activity that violates this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation.
K. Sound Amplification Systems In Vehicles: Noise from sound amplification systems in vehicles cannot be practically regulated by imposing decibel limits as decibel measurements are difficult to obtain from moving vehicles. Noises prohibited by this subsection are in violation of this section notwithstanding the fact that there is no apparent violation of subsection B of this section.
1. Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle in such a manner or with such volume as to annoy or disturb the peace and quiet of any person or neighborhood in the vicinity.
2. Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of fifty feet (50'), or in such a manner that it causes a person to be aware of vibration accompanying the sound at a distance of fifty feet (50').
L. Penalty: Any person found responsible under this section for a violation under this chapter shall pay a fine not to exceed one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and three hundred dollars ($300.00) for each subsequent offense.
M. Enforcement: The Tombstone marshal's department and city attorney are authorized to enforce the provisions of this section. A complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible for a violation of this section. (Ord. 2013-10, 4-30-2013)