(A) General prohibitions. In addition to the specific prohibitions outlined below, it shall be unlawful for any person to make, continue, or cause to be made or continued any loud or unusual noise so as to disturb the peace of the public, any neighborhood, any business operation, family, lawful assembly of persons, or any person by committing any act or acts of disturbance within the limits of the City of Vermillion.
(B) Acts in violation. The following acts are declared to be in violation of this chapter.
(1) Sound equipment prohibited.
(a) Except for emergency vehicles, it shall be unlawful for any person to operate or cause to be operated upon the streets or public places in the city a sound truck or car with sound amplification equipment in operation.
(b) For the purpose of this division (B)(1), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOUND AMPLIFICATION EQUIPMENT. Any machine or device for the amplification of the human voice, music, or other sound, but shall not include radio or warning devices on vehicles used for traffic warning or control purposes.
SOUND TRUCK. Any vehicle having thereon or attached thereto any sound amplification equipment.
(2) Stereos, radios, television sets, musical instruments, and similar devices.
(a) Using, operating, or permitting the use or operation of any stereo, radio, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound, except as provided for in division (B)(1) above, in such a manner as to violate this section or cause a noise disturbance.
(b) The operating of any such device between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from the device when operated within a vehicle parked on a public right-of-way or when operated from within a private residence.
(3) Maximum permissible sound levels. It shall be unlawful for any person to operate or permit the operation of any stationary source of sound in such a manner as to create a sound pressure level during any 10-minute measurement period which exceeds the limits set forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise. Sound level measurements shall be made at a distance of 50 feet from source with a sound level meter of type 2 or better, using the "A" weighting scale, in accordance with standards promulgated by the American National Standards Institute.
Use District | 11:00 p.m. to 7:00 a.m. | 7:00 a.m. to 11:00 p.m. |
Residential | 50 dB(A) | 55 dB(A) |
Commercial | 55 dB(A) | 60 dB(A) |
Industrial and Agricultural | 75 dB(A) | 80 dB(A) |
(C) Sound pressure level. It shall be a violation of this section if the sound which is measured creates a sound pressure level greater than the levels set forth for the receiving land use district for 90% of the time in any measurement period, such as the level exceeded for 9 minutes of a 10-minute period.
(D) Special permit. The City Council may, following a public hearing, issue a special permit to exceed allowable sound levels by not more than 50% of the allowable limit within the Use District, in a suitable location with appropriate facilities, during the allowable time. It shall be required of any applicant for a special permit to demonstrate that the event for which the permit is requested be of public benefit. An applicant shall submit a diagram clearly showing the sound level projections beginning at a point 50 feet from the source, and continuing out through a radius of 200 feet from the source. Application for a special permit shall be made with the City Finance Officer, and shall be accompanied with an application fee of an amount set by resolution. Application for a special permit shall be completed no later than 30 days prior to the proposed event, and it shall contain all applicable information relative to the nature and purpose of the event.
(Ord. 1100, passed 10-1-2001)
(E) Semi-tractors; prohibited noises. It shall be unlawful for any person to make, or cause to be made, loud or disturbing or offensive noises with mechanical devices known as unmuffled dynamic engine braking systems used for purposes of assisting braking on any semi-tractor, except for the aversion of imminent danger.
(Ord. 1102, passed 10-15-2001; Am. Ord. 1147, passed 9-6-2005)
(1975 Code, § 15-6) (Ord. 495, passed 7-5-1967; Am. Ord. 937, passed 6-5-1989; Am. Ord. 1100, passed 10-1-2001; Am. Ord. 1388, passed 11-5-2018; Am. Ord. 1478, passed 1-17-2023) Penalty, see
§ 90.99