(A) Excessive noises prohibited. Excluding those exemptions set forth in division (C) of this section, it is unlawful for any person to make, cause to be made, or continue, within the corporate limits of the city, any sound or noise that is determined to be excessive pursuant to the standards set forth in this section.
(B) Definition and measurement of excessive noise.
(1) Except as otherwise provided in this section, "noise" or "sound level" means the weighted sound pressure level obtained by the use of: a) a sound level meter that meets the American National Standards Institute (ANSI) standards for type 1 or type 2 sound level meters, or an instrument and associated recording and analyzing equipment that will provide equivalent data, and b) frequency weighting network "A" as specified in the most recent ANSI specifications for sound level meters.
(2) Only members of the police department or other city employees authorized by the Chief of Police or Code Administrator may obtain sound levels to determine whether sound levels comply with this section.
(3) The maximum permissible sound levels of any continuous source of sound within the city shall be 70 dB(A).
(4) Sound levels shall be measured from the location where the complaint has been made at a height of approximately 48 inches above the immediate surrounding surface, on a sound level meter of standard design and operated on the "A" weighing network.
(C) Exemptions.
(1) This section does not apply to sound or noise emitted or caused by:
(a) City sponsored or city sanctioned special events and noise created for the preparation and cleanup of such events (street cleaning, leaf removal, etc.);
(b) Approved special event permits and noise created for the preparation and cleanup of such events (street cleaning, leaf removal, etc.);
(c) Motor vehicles operating on public rights-of-way;
(d) All vehicles and equipment operated by the city, any other unit of government, and any utility, or any of their contractors or subcontractors, in the course of performing services or work, including, without limitation, public safety and emergency response services, for the general welfare of the public or to restore property to a safe condition following a public calamity;
(e) All work, activities, vehicles, and equipment related to the removal of snow and ice from public or private property;
(f) Chimes from any church, clock or school;
(g) Licensed waste haulers;
(h) Generators used to provide electricity to buildings in the event of a power outage. Noises emanating from regular generator testing and maintenance cycles is also exempt during the hours of 8:00 a.m. to 7:00 p.m. on Mondays through Saturdays;
(i) Any activity conducted or otherwise authorized by any state or local governmental body;
(j) Any reasonable activity undertaken between sunrise and sunset to maintain private property including, but not limited to, lawn mowing, leaf blowing, power washing, and trimming/removal of vegetation.
(2) The city council has the power, but not an obligation, to grant a variance to the requirements of this section for noise to be emitted on a specific date and for a specific duration of time after:
(a) Receiving an application for a variance describing the date, times, and activity for which the variance is requested, and any other information the city may require;
(b) Conducting a public review of the application; and
(c) Passing a resolution authorizing the variance.
(Ord. 935, passed 10-24-1994; Am. Ord. 1856, passed 7-18-2022)
Penalty, see § 1-1-19