(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAYTIME. Between 6:00 a.m. and 10:00 p.m. the same day.
DISTRICT. A part, zone, or geographic area of the city within which certain zoning or development regulations apply.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which necessitates immediate action. Economic loss shall not be the sole determining factor in the determination of an EMERGENCY. It shall be the burden of an alleged violator to prove an EMERGENCY.
EMERGENCY WORK. Any work made necessary to restore property to a safe condition following an emergency or to protect property threatened by an imminent emergency to the extent such work is necessary to protect persons or property from exposure to imminent danger or damage.
NIGHTTIME. Between 10:00 p.m. and 6:00 a.m. the following day.
NOISE. Any sound which disturbs humans and which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE. Any sound which:
(a) Disturbs a reasonable person of normal sensitivities; or
(b) Is plainly audible, as defined in this section.
PERSON. Any person or a person’s firm, association, co-partnership, joint venture, corporation, or any entity public or private in nature.
PLAINLY AUDIBLE. Any sound or noise produced by any source or reproduced by a radio, tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic sound-making device or non-amplified human voice that can be clearly heard by a person using his or her normal hearing faculties.
PROPERTY BOUNDARY. Any imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension which separates the real property owned by one person from that owned by another person.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, sidewalk, bike path or alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity.
REASONABLE TIME. A radio, music, or sound player or other mechanical sound- making device or instrument within a motor vehicle is instantly. Otherwise, absent special circumstances, REASONABLE TIME is 15 minutes in the case of non-vehicular sound emitters and two calendar days for vehicular sound emitters.
SOUND. An oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound including duration, intensity, and frequency.
WEEKDAY. Any day Monday through Friday.
(B) Prohibited acts.
(1) General prohibition. It shall be unlawful and a violation of this chapter to make, cause, or allow the making of any sound that causes a noise disturbance, as defined in division (A) above.
(2) Specific prohibitions. In addition to the general prohibitions set out in division (B)(1) above and unless otherwise exempted by this chapter, the following specific acts or the causing or permitting thereof are hereby regulated as follows:
(a) Radios, television sets, musical instruments, and similar devices. The following constitutes a nuisance:
1. Using, operating, or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound, except as provided for in division (B)(2)(b) below, in such a manner as to cause a noise disturbance; and
2. The operating of any such device between the hours of 10:00 p.m. and 6:00 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 such device when operated within a vehicle parked on a public right-of-way or plainly audible at 100 feet from such device when operated within a moving vehicle.
(b) Loudspeakers and public address systems.
1. No person shall operate or permit the operation of any loudspeaker, public address system, or similar device for any commercial purpose:
a. Which produces, reproduces, or amplifies sound in such a manner as to create a noise disturbance; or
b. During nighttime hours on a public right-of-way.
2. No person shall operate or permit the operation of any loudspeaker, public address system, or similar device for any noncommercial purpose (except those used for emergency systems or devices) during nighttime hours in such a manner as to create a noise disturbance.
(c) Defect in vehicle. Operating or permitting to be operated or used any truck, automobile, motorcycle, or other motor vehicle which, by virtue of disrepair or manner of operation, causes a noise disturbance;
(d) Standing motor vehicles. The operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto in such a manner as to cause a noise disturbance for a consecutive period longer than 15 minutes during which such vehicle is stationary in a residential zoning district; and
(e) Recreational vehicles and snowmobiles. Operating a recreational vehicle or snowmobile in a manner which causes a noise disturbance.
(3) Exemptions. The following uses and activities shall be exempt from the sound level regulations:
(a) Non-amplified human voice except yelling, shouting, whistling, hooting, or generally creating a racket such that it creates a noise disturbance during the nighttime hours in a residential area in other than time of emergency;
(b) Sounds resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(c) Sounds resulting from emergency work, as defined in divisions (A) above;
(d) Any aircraft operated in conformity with or pursuant to federal law; federal air regulations and air traffic control instruction used pursuant to and within the duly adopted federal air regulations; and any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control, or being operated, pursuant and subsequent to, the declaration of an emergency under federal air regulations;
(e) All sounds coming from the normal operations of interstate motor and rail carriers to the extent that local regulation of sound levels of such vehicles has been preempted by the Noise Control Act of 1972 (42 U.S.C. §§ 4901 et seq.) or other applicable federal laws or regulations;
(f) School outdoor concerts and music activities including marching band activities, sporting activities with musical components, art festivals, and student fundraisers;
(g) Religious organizations conducting worship services outdoors with musical components;
(h) The city including, but not limited to, Parks Department-sponsored activities with musical components;
(i) Permits issued by the city;
(j) Any non-amplified noise generated by noncommercial public speaking activities conducted on any public property or public right-of-way pursuant to legal authority; and
(k) Sounds produced at organized sporting events by fireworks and by permitted parades on public property or public right-of-way.
(C) Special permits.
(1) Permit process.
(a) Applications for a special permit for relief from the noise restrictions in this section may be made in writing to the Finance Officer and approved by the Mayor and two Council members.
(b) The permit application shall include the name, address, and telephone number of the permit applicant; the date, hours, and location for which the permit is requested; and the nature of the event or activity. If the proposed activity or event will involve entertainment, the city may also request the name and contact information for such individual(s). The application must be submitted at least ten days in advance of the event, not including holidays and weekends.
(c) Payment of a fee of $50 is required.
(d) Any permit granted must be in writing and shall contain all conditions upon which the permit shall be effective.
(e) The Finance Officer may prescribe any reasonable conditions or requirements he or she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood including use of mufflers, screens, or other sound-attenuating devices.
(f) The permit shall be posted at the activity.
(2) Conditions for granting permit. Permits may be granted under the following conditions.
(a) The permit shall be limited to a single day unless an established time frame is approved by the City Council and shall be so stated on the permit.
(b) Permits shall be effective only between the hours of 6:00 p.m. and 1:00 a.m.
(c) No permit shall be issued to any applicant or any activity convicted of a violation (or if pending conviction) of this chapter within the same calendar year.
(3) Issuance. Upon receipt of a properly executed and signed application, the city shall issue a special noise permit to the applicant, which permit shall exempt the premises specified in the permit from the provisions of this chapter for the date specified in the permit, except that sound emitted from the premises shall in no way be plainly audible 1,000 feet from the property boundary.
(D) Measurement or assessment of sound. Any police officer or other official designated by the City Council who hears a noise or sound that is plainly audible, as defined in division (A) above, in violation of this chapter shall assess the noise or sound according to the following standards.
(1) The primary means of detection shall be by means of the official’s normal hearing faculties so long as the official’s hearing is not enhanced by any mechanical device such as a hearing aid.
(2) The official must have a direct line of sight and hearing to the real property of the source of the sound or noise so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the real property of the source of the sound or noise, then the official shall confirm the source of the sound or noise by approaching the suspected real property where such source of the sound or noise appears to be emanating from until the official is able to obtain a direct line of sight and hearing and identify the identical or same sound or noise that was heard at the place of original assessment of the sound or noise.
(3) The official need not determine the particular words or phrases being said or produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass or reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound.
(4) If noise is measured by a db-measuring device, it shall not exceed a level of 80 db at property boundary.
(E) Violation procedures.
(1) Violation of sound level limits.
(a) Warnings.
1. When a designated official of the city determines that there is a violation of division (B) above, the official shall issue a written warning to the person or persons responsible for the sound. The warning shall advise the person of the violation and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within permitted limits.
2. The person or persons receiving the warning shall have a reasonable time, as defined in division (A) above, to comply with the warning.
3. For the purposes of this section, it is sufficient warning for all prohibited sounds if the person or persons responsible for any succeeding sounds are warned of or cited for one or more offending sounds of the same type in the same calendar year. In the situation of a business with current ownership less than one year, current ownership would not be responsible for violations prior to ownership of the business.
(b) Citation. If the sound is not eliminated or is not reduced to allowable limits within a reasonable time after the warning or if the noise or sound is abated after warning and then reoccurs, the person so warned and not complying shall be cited for a violation of this chapter.
(2) Other limits—complaint procedure.
(a) Any complaint regarding a sound or noise disturbance based solely on its disturbing a reasonable person of normal sensitivities must be filed by a person who is disturbed by the sound or noise. The burden of proof of this complaint will be on the complainant if the complaint results in a hearing before a judge. The complaint may be filed at the time of the disturbance or within a reasonable period of time after the fact.
(b) When a complaint has been received, a designated official shall investigate the charges. If the official finds probable cause to believe the owner/operator is in violation of this chapter, the official shall issue a warning to cease the violation.
(c) If the owner/operator does not take corrective action within a reasonable time, as defined in division (A) above, or if the noise or sound is abated after warning and then reoccurs, the official may issue a citation or file a sworn complaint with the city and/or the Police Department.
(3) Joint and several responsibilities. The owner, tenant, or lessee of property or a manager, overseer, or agent or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted shall be responsible for compliance with this section. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this section and shall be punished whether or not the person actually causing the sound is also punished.
(Prior Code, § 9.04.070) (Ord. 09-13, passed 10-5-2009) Penalty, see § 130.99