(a) As used in this section:
(1) “Ambient noise level” means the sound pressure level of the all encompassing noise associated with a given environment, being a composite of many sounds. Specifically, it is the sound pressure level exceeding ninety percent (90%) of the time, based upon a measurement period of not less than sixty continuous seconds and excluding the alleged offensive noise.
(2) “Decibel” means a unit for measuring the intensity of sound, used with a sound level meter. “Decibel” is also known as “dBA” relating to sound perceptible to the human ear when using an A weighting measure (experts agree that 85 dBA will harm human hearing over time).
(3) “Noise nuisance” means a sound or noise which does any of the following: disturbs the peace, quiet or good order of a neighborhood or the City; constitutes a nuisance or a menace to the health, comfort or safety of the public; interferes with one’s right of privacy, the ambient noise level within one’s residence or the use of one’s residential property; annoys, disturbs, offends, injures or endangers the repose, health, safety, peace, quiet or comfort of any reasonable person of normal sensitivity; or endangers or injures personal or real property or obstructs the use of personal or real property.
(4) “Sound level meter” means an instrument used for the measurement of sound and noise levels in a specified manner or conforming to the American National Standards Institute’s Specifications for Sound Level Meters.
(5) “Sound pressure level” means the physical intensity of sound or acoustic power that is measured by a sound level meter. Sound pressure level is influenced by numerous noise descriptors. Some of those descriptors utilized by a sound level meter are: frequency range, pitch, flat or un- weighted measures, A-weighting measures, C-weighting filters, etc. A- weighting measures emphasize the middle frequency components similar to the response of the human ear.
(b) No person shall make, produce, create, cause, continue or permit a noise nuisance.
(c) Factors to be considered in determining whether a violation of this section has occurred include, but shall not be limited to, the following:
(1) The volume of the sound or noise;
(2) The intensity of the sound or noise;
(3) Whether the nature of the sound or noise is usual or unusual;
(4) Whether the origin of the sound or noise is natural or unnatural;
(5) The volume and intensity of the background noise, if any;
(6) The proximity of the sound or noise to residential sleeping quarters;
(7) The proximity of the sound or noise to residential living quarters;
(8) The nature and zoning of the area within which the sound or noise emanates;
(9) The density of the inhabitation of the area within which the sound or noise emanates;
(10) The time of day or night the sound or noise occurs;
(11) The duration of the sound or noise;
(12) Whether the sound or noise is recurrent, intermittent or constant; and
(13) Whether the sound or noise is produced by a commercial or noncommercial activity.
(d) For purposes of this section, it shall be prima facie unlawful for a person to make, produce, create, cause, continue or permit a sound or noise where or when the sound or noise is audible more than fifty feet from a property line of the property upon which the source of the sound or noise is located or where or when the sound or noise is 15 dBA above the ambient on the receiving property.
(e) A sound level meter may be used to determine whether a violation of this section has occurred.
(f) The provisions of this section shall not apply to: school-related activities or events; parades authorized by the City; concerts or like events in public parks or other public places which are authorized by the City; any event which has received a valid permit from the City as set forth in Section 311.02 or like ordinance; emergency vehicles when responding to an emergency call or acting in time of emergency; lawfully scheduled sporting events, parades, fireworks, festivals and concerts; construction activities occurring between 7:00 a.m. and 9:00 p.m.; refuse collection; and an entity subject to Section 509.11 if, at the time of violation of this section, that entity was not in violation of Section 509.11.
(g) Whoever violates this section shall be subject to the following penalty:
First Offense | A fine of one hundred dollars ($100.00). |
Second Offense | A fine of two hundred fifty dollars ($250.00). |
Third Offense and Thereafter | A fine of five hundred dollars ($500.00) and a minimum of three days in jail, up to a maximum of thirty days in jail. |
If the violation occurred between the hours of 9:00 p.m. and 7:00 a.m., however, the aforedescribed monetary fines in this subsection (g) shall be doubled.
A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 11983/06. Passed 9-13-06.)
(Ord. 11983/06. Passed 9-13-06.)