A noise disturbance is any of the following sounds:
1. Alarm Testing. The sound emitted by the intentional sounding outdoors of any privately owned fire alarm, burglar alarm, siren, whistle, or similar stationary emergency signaling device for the essential testing of such device, when conducted between the hours of 5:00 p.m. and 8:00 a.m.
2. Automobile Radios. The sound emitted by an automobile or truck radio, tape deck, or compact disc player, or other such standard equipment used and intended for the use and enjoyment of such vehicle’s occupants while such vehicle is on the public right-of-way, if the sound emitted from the vehicle exceeds 75 dB(A) when measured at a distance of 25 feet.
3. Chain Saws. The sound emitted by motor powered tree trimming equipment operated between the hours of 9:00 p.m. and 7:00 a.m.
4. Construction Noise. The sound made by privately owned and operated tools or equipment in the erection, demolition, excavation, drilling, or other such construction work between the hours of 9:00 p.m. and 7:00 a.m. when received at the real property boundary of residential property.
5. Engine Brake Noise. The sound made by an engine brake device of a diesel engine truck.
6. Engine Repairs and Testing. The sound made by repairing, rebuilding, modifying, or testing a motor vehicle or recreational vehicle when received between the hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential property.
7. Injurious or Disturbing Sounds Generally. Any sound that endangers or injures the health, safety, or welfare of a human being, disturbs a reasonable human being of normal sensitivities, or causes or tends to cause an adverse physiological or physical effect on human beings, or devalues or injures property.
8. Lawn and Garden Equipment. The sound emitted by motor powered, muffler-equipped lawn and garden equipment operated between the hours of 9:00 p.m. and 7:00 a.m.
9. Loading and Unloading. The sound made by outdoor loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, trash cans, containers, receptacles, and/or dumpsters when the sound is received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property.
10. Musical Instruments. The sound made by a drum, horn, reed, and/or string instrument, or other musical instrument or device when the sound is received between the hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential property.
11. Noisy Exhaust System. The sound made by a motor vehicle or a recreational vehicle whose exhaust system is defective or has been modified by the installation of a muffler cutout or bypass.
12. Off-Road Motorcycle and Recreational Vehicle Noise. The sound made on private or City-owned property other than a public right-of-way by a motorcycle or recreational vehicle when received between the hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential property; provided, however, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress and egress for purposeful transportation is not a noise disturbance unless made so by some provision of this chapter.
13. Powered Model Vehicles. The sound made by the operation of a powered model vehicle when received between the hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential property.
14. Racing. The sound made by a motor vehicle or recreational vehicle on private property or public right-of-way during any racing event or time trial, whether organized or unorganized.
15. Screeching Tires. The sound made by the intentional screeching or squealing of the tires of a motor vehicle.
16. Selling By Hawking or Barking. The sound of selling by shout or outcry when made within the area of the City zoned residential or commercial.
17. Sound Equipment. The sound made by sound equipment operated upon the public right-of-way, in any building, or upon any public or private premises shall be classified as a noise disturbance if: (i) the sound is in excess of the maximum permitted levels shown in the chart below when measured at the property boundary (or anywhere within the property) of a receiving land use, or if in a park, approximately 200 feet from the source of the sound, or when a complaint is received, at the nearest boundary of the property where the complaining party was disturbed; or (ii) the sound is of a nature that cannot accurately be measured by a sound level meter, and such sound is disturbing to a reasonable human being of normal sensitivities.
MAXIMUM PERMITTED LEVELS
Receiving Land Use | Maximum Db Permitted |
Residential | 65 between 7:00 a.m. and 10:00 p.m. 55 between 10:00 p.m. and 7:00 a.m. |
Commercial | 70 |
Industrial | 75 |
Park | 65 |
Any person who operates any sound equipment in violation of the maximum permitted levels listed above shall be subject to have the event stopped or the sound equipment turned off or reduced to a legal level. Such remedy shall be in addition to any other rights and remedies of the City.
18. Semi-Tractor Noise. The sound made on private or City-owned property by a semi-tractor and received at the real property boundary of residential property; provided, however, the sound made by a semi-tractor pulling a semitrailer when traveling to private property for the sole legitimate purpose of immediate delivery or picking up of goods so constituted to require transport by a semi-tractor trailer between the hours of 7:00 a.m. and 9:00 p.m., provided the driver possesses a legitimate bill of lading, is not a noise disturbance. In addition, the lawful operation of a semi-tractor in motion past a residential property, subject to the laws governing operation of a motor vehicle, for the present purpose of travel or transport is not a noise disturbance, provided the semi-tractor does not park or stop at residential property and the driver/operator continuously stays in the driver’s seat of the vehicle.