(A) No person shall make, continue, or cause to be made or continued, any noise disturbance. For sources of noise other than those specifically listed in this subsection, determinations of noise disturbances may be made through application of sound level limits listed at Table 1. The sound level limits listed at Table 1 may be applied to noise sources specifically listed in this subsection for the purpose of determining noise disturbances where the receiving land uses are other than residential. Without limiting the foregoing, the following acts, and the causing thereof, are declared to be in violation of this prohibition:
(1) Radios, television sets, musical instruments and similar devices:
(a) 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 such a manner as to create a noise disturbance across a residential real property boundary, except for activities open to the public and for which any required permit has been issued. For those activities requiring a permit, a property line noise limit and/or time limit will be established that is agreeable to the permit grantor, the Health Officer, and the grantee.
(b) In all other cases, property line noise standards for the residential receiving land use may be applied to determine the existence of noise disturbance. The standards are:
1. Sixty dBA, maximum three minute Leq, for the time period 7 a.m. to 10 p.m.;
2. Fifty dBA, maximum three minute Leq, for the time period 10 p.m. to 7 a.m..
(2) Loudspeakers/public address systems: Using or operating for any purpose any loudspeaker, public address system, or similar device in such a manner as to cause a noise disturbance across a residential real property boundary. The following property line noise standards may be applied to the residential receiving land use to determine the existence of a noise disturbance:
(a) Sixty dBA, maximum one minute Leq, for the time period 7 a.m. to 10 p.m.;
(b) Fifty dBA, maximum one minute Leq, for the time period 10 p.m., to 7 a.m.
(3) Animals and birds:
(a) Owning, possessing, or harboring any animal or bird which makes sounds which create a noise disturbance across a residential real property boundary. The following property line noise standards may be applied to the residential receiving land use or noise sensitive zone to determine the existence of a noise disturbance:
1. Sixty-five dBA, maximum one minute Leq, for the time period 7 a.m. to 10 p.m.;
2. Fifty-five dBA, maximum one minute Leq, for the time period 10 p.m. to 7 a.m.
(b) This provision shall not apply to licensed veterinarians.
(4) Loading and unloading: Loading, unloading, opening, closing, or other handling of boxes, carts, containers, building materials, or similar objects in such a manner as to cause a noise disturbance across a residential real property boundary. The following property line noise standards may be applied to the residential receiving land use or noise-sensitive zone to determine the existence of a noise disturbance, except as noted in subsection (C):
(a) Sixty-five dBA, maximum five minute Leq, for the time period 7 a.m. to 10 p.m.;
(b) Fifty-five dBA, maximum five minute Leq, for the time period 10 p.m. to 7 a.m.
(5) Construction: Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work:
(a) Between the hours of 10 p.m. and 6 a.m. the following day on any day in such a manner as to create a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by variance issued pursuant to this chapter;
(b) This section shall not apply to the use of domestic power tools of a type normally found in the home.
(6) Vehicle or motorboat repairs and testing: Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary. The following property line noise standards may be applied to the residential receiving land use to determine the existence of a noise disturbance, except as noted in subsection (C):
(a) Sixty-five dBA, maximum five minute Leq, for the time period 7 a.m. to 10 p.m.;
(b) Fifty-five dBA, maximum five minute Leq, for the time period 10 p.m. to 7 a.m.
(7) Powered model vehicles: Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space. Maximum sound levels in a public space, as measured at a distance of 50 feet (15 meters) from the source, or within residential property shall be as follows:
(a) Sixty-five dBA, maximum three minute Leq, for the time period 7 a.m. to 10 p.m.;
(b) Fifty-five dBA, maximum three minute Leq, for the time period 10 p.m. to 7 a.m.
(8) Stationary nonemergency signaling devices:
(a) Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from any place, in such a manner as to create a noise disturbance across a residential real property boundary. The following property line noise standards may be applied to the residential receiving land use to determine the existence of a disturbance:
1. Sixty-five dBA, maximum one minute Leq, for the time period 7 a.m. to 10 p.m.;
2. Fifty-five dBA, maximum one minute Leq, for the time period 10 p.m. to 7 a.m.
(b) Devices used in conjunction with a religious worship service, public and private educational, and railroad grade crossing warning shall be exempt from the operation of this provision. Additionally, any device used solely for the purpose of signaling a specific clock time at a place of religious worship shall be exempt from the operation of this provision.
(9) Tampering: Removing, impairing, or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement of any muffler, or noise-control device, or noise label of any product or use of a product which has had a muffler or noise-control device or noise label removed or rendered inoperative, with knowledge that such action has occurred.
(10) Horns, signaling devices, etc.: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city so as to create a noise disturbance across a residential real property except as a danger warning.
(11) Portable air compressors: No person shall operate a portable air compressor manufactured after January 1, 1978, with maximum rated capacity of less than or equal to 250 cubic feet per minute (cfm) which produces an average sound level in excess of 76 dBA. No person shall operate a portable air compressor manufactured after July 1, 1978, with maximum rated capacity greater than 250 cfm that produces an average sound level in excess of 76 dBA. All measurements shall be taken at 23 feet (7 meters) and shall follow test procedures outlined in 41 Federal Register 2175 published January 14, 1976.
(12) Tampering with sound monitoring equipment: The removing or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the Health Officer; provided, such device or the immediate area is clearly labeled to warn of the potential illegality.
(13) Adequate exhaust system: No person shall operate a motor vehicle or motorcycle equipped with an exhaust system that emits excessive or unusual noise. A motor vehicle or motorcycle owner/operator may request from the Health Officer that a stationary noise level test be made to determine whether the exhaust system emits excessive or unusual noise. Said request must be made within ten days from the date the operator is cited for operating a motor vehicle or motorcycle equipped with an exhaust system that emits excessive or unusual noise. The exhaust system will be considered adequate if the sound level limits set forth in Table 3 are not exceeded.
(14) Refuse collection vehicles:
(a) No person shall operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse between the hours of 7 p.m. and 6 a.m. the following day in a residential area; or
(b) Collect refuse with a refuse collection vehicle between the hours of 7 p.m. and 6 a.m. the following day in a residential area; or
(c) Collect refuse with a refuse collection vehicle or operate or permit the operation of a refuse compacting mechanism between the hours of 7 p.m. and 6a.m. the following day in a commercial or industrial land area where the point of collection or compaction is within 100 feet (30.5 meters) of a residential area.
(15) Standing motor vehicles:
(a) No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within 150 feet (46 meters) of a residential area in such manner as to cause a noise disturbance across a residential real property boundary except as noted in subsection (C). For periods exceeding five minutes, the property line noise standards listed at Table 1 shall be used to determine the existence of a noise disturbance. Emergency vehicles in the performance of their duty shall be exempt from this section.
(b) No person shall operate or permit the operation of any motorcycle or any motor vehicle with a gross vehicle weight rating (GVWR) of less than 10,000 pounds, while the vehicle is stationary, in such a manner as to cause a noise disturbance across a residential real property boundary, provided, however, that no measurements shall be made less than 25 feet from the property line of the property on which the vehicle is located. The following property line noise standards may be applied to determine the existence of a noise disturbance:
1. Sixty-five dBA, maximum fifteen second Leq, for the time period 7 a.m. to 10 p.m.;
2. Fifty-five dBA, maximum fifteen second Leq, for the time period 10 p.m. to 7 a.m.
(16) Impulsive sound: No person shall cause or allow the emission of impulsive sound from any noise source which exceeds the peak level limits specified in Table 2 provided, however, that no measurements shall be made less than 25 feet from the property line of the source from which the noise emanates.
(B) Measurements to determine whether a noise disturbance exists shall be made at or within the property boundary of the receiving land use. The measurements shall be made with a sound level meter meeting the standards of the American National Standards Institute (ANSI), or its successor body, for a minimum of a Type II meter.
(C) All activities within a commercial or industrial land area shall be exempt from any of the general or specific provisions in subsections (A)(4), (A)(6) and (A)(15)(a) between the hours of 6 a.m. and l0 p.m. of the same day on any day.
(D) If a noise level limit has been established by another city department for a specific noise source or activity, that limit shall be used to determine the existence of noise disturbance if different from a level in subsection (A) or Table 1 that may be applicable.
(E) Farms or farming operations in excess of ten acres in area that were in existence prior to changes in surrounding land use, or prior to occupancy of land in and about the locality of such farms or farming operations, shall be exempt from the provisions of this chapter; provided, however, that the farms or farming operations were not creating noise disturbances to surrounding land before the change in land use or occupancy of land.
Receiving Land Use Category | Time | Sound Level Limit, in dBA Maximum Ten-Minute* Leq Level**
|
Receiving Land Use Category | Time | Sound Level Limit, in dBA Maximum Ten-Minute* Leq Level**
|
Residential | 7 a.m. to 10 p.m. | 65 |
10 p.m. to 7 a.m. | 55 | |
Commercial | At all times | 70 |
Industrial | At all times | 75 |
Agricultural | 6 a.m. to 10 p.m. | 75 |
10 p.m. to 6 a.m. | 50 | |
Notes: | ||
* Unless a different time period has been specified for the specific types of noise disturbances listed under § 97.08(A). | ||
**Slow meter response or use meter with Leq function | ||
Receiving Land Use Category | Time | No. of Peaks/Hr. | Maximum Peak Level Limit* in dBa
|
Receiving Land Use Category | Time | No. of Peaks/Hr. | Maximum Peak Level Limit* in dBa
|
Residential | 7 a.m. to 10 p.m. | 1 | 85 |
Commercial | At all times | 1 | 90 |
2 | 84 | ||
4 | 78 | ||
8 | 72 | ||
16+ | 66 | ||
Industrial | At all times | 1 | 95 |
Agricultural | 6 a.m. to 10 p.m. | 2 | 89 |
10 p.m. to 6 a.m.** | 4 | 83 | |
8 | 77 | ||
16+ | 71 | ||
Notes: | |||
* Fast-hold meter function only. | |||
**Reduce limits listed by twenty dBA for this period. | |||
Vehicle Type
|
Maximum Level
|
Vehicle Type
|
Maximum Level
|
Automobiles, Vans, Light Trucks (GVWR < 10,000 lbs.) | |
Front Engine | 95 (93 + 2) dBA |
Rear and Mid-Engine | 99 (97 + 2) dBA |
Motorcycles | 102 (100 + 2) dBA |
Heavy Trucks ** | |
(GVWR < 10,000 lbs.) | 90 (88 + 2) dBA |
Notes: | |
* Measurement at 20 inches (05 meters) and at 45° angle from exhaust outlet with engine rpm at 3,000 for automobiles, vans and light trucks; and at one-half indicated engine red line for motorcycles. Slow meter response will be used. For vehicles equipped with dual exhausts, compliance will be determined from the highest side measurement. For exhaust outlets located beneath the vehicle, measurements will be taken 8 inches (0.2 meters) from the side of the vehicle, These limits apply only to those vehicles licensed to operate on public right-of-way. | |
** Measurement at 50 feet (15 meters) with transmission in neutral and engine revved from idle to wide-open throttle (applies to vehicles with engine governor only). Fast meter response will be used. | |
(Ord. 1766, passed 6-14-01)