Loading...
The operational performance standards established by this chapter shall be subject to exception upon application to the Director of Public Service and Safety and a showing of undue hardship.
Definition, test procedures and equipment to determine whether maximum noise levels of this chapter have been exceeded shall be found in “Handbook of Noise Measurement” by A.P.G. Peterson and E.E. Gross, Jr., General Radio Company.
Any emission of noise from any source in excess of the limitations established in this chapter shall be deemed and is hereby declared to be a public nuisance, and may be subject to abatement procedures. Such abatement may be an addition to the fines and penalties herein provided.
The provisions herein shall not apply to policemen and firemen while in the discharge of their duty, nor to ambulances making emergency runs.
(Ord. 8176-75. Passed 2-24-75.)
(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.)
(a) No person owning, or in possession or control of any building or premises, shall use the same, permit the use of the same, or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall by its boisterous nature, disturb or destroy the peace of the neighborhood in which such building or premise is situated, or be dangerous or detrimental to health.
(Ord. 8176-75. Passed 2-24-75.)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) In any industrial or commercial zoning districts inclusive, at no point on the boundary of a residential zoning district shall the sound pressure level of any individual operation or plant, or the combined operation of any person, firm or corporation, exceed the decibel levels in the designated octave bands set forth as follows:
OCTAVE BAND CENTER FREQUENCY HERTZ | MAXIMUM SOUND PRESSURE LEVELS (dB) ALONG DISTRICT BOUNDARY |
31.5 | 72 |
63 | 71 |
125 | 66 |
250 | 60 |
500 | 54 |
1000 | 49 |
2000 | 40 |
4000 | 44 |
8000 | 37 |
A scale levels (for monitoring purposes) | 58 |
(b) Maximum sound pressure levels established in this section to be applied to the boundaries of a lot shall not apply to construction sites.
(Ord. 8176-75. Passed 2-24-75.)
(c) Whoever violates this section is guilty of a minor misdemeanor.
(a) In the event of a lawful or properly authorized work stoppage at any firm, partnership, agency, corporation or municipal subdivision, no person, partnership, agency, firm or corporation, or any officer or agent thereof shall recruit, procure, supply or refer any person for employment in place of an employee involved in such lawful or authorized work stoppage.
(b) No person, partnership, firm, agency, corporation, municipal subdivision or any officer or agent thereof, involved in a labor dispute shall employ any person who customarily and repeatedly offers himself for employment in the place of an employee involved in a lawful or properly authorized labor dispute, nor shall employ any person who is recruited, procured, supplied or referred for employment under circumstances listed in this section.
(c) No person, partnership, firm, agency, corporation or municipal subdivision, or any officer or agent thereof, involved in a lawful or authorized labor dispute shall contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment in place of employees involved in such labor dispute nor shall advertise for employees to replace such employees who are involved in such labor dispute.
(d) The exceptions to the provisions of subsections (a), (b) and (c) hereof shall be that any persons may be employed by any person, firm, partnership, agency, corporation or municipal subdivision which is involved in a lawful or authorized labor dispute, if their employment is for the purpose of operating any services which, by the absence of the performance thereof, would endanger the health, welfare or safety of the citizens of the community.
(Ord. 7336-71. Passed 9-20-71.)
(e) The Municipal Court, within three days after service of warrants alleging the violation of any provision of this section, shall hear the matters raised and decide, as soon as practicable thereafter, whether such violations existed.
(Ord. 7437-72. Passed 4-17-72.)
(f) No person, partnership, firm, agency, corporation or union shall picket or employ any person to picket a facility that is involved in a labor dispute or that is on strike unless such person picketing or employed to picket is a member of the bargaining agent or an employee of the facility involved in the labor dispute on strike.
(Ord. 7336-71. Passed 9-20-71.)
(g) Any person, partnership, agency, firm, corporation or any officer or agent thereof violating any provision of this section is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty dollars ($250.00) per day. Each day on which a violation occurs or continues shall constitute a separate offense.
(Ord. 7437-72. Passed 4-17-72.)
Loading...