(A) General prohibition of noise. Notwithstanding the specific noise restrictions in division (F) below, no person shall emit, nor shall any person cause, allow, permit, or fail to control the emission of any noise source so as to exceed the maximum allowable sound pressure levels set forth in division (B) below, Table 1, when measured at the property line of the source over a two minute (minimum) period of time.
(1) Notwithstanding the maximum allowable sound pressure levels established in Table 1, no person shall emit, nor shall any person cause, allow, permit, or fail to control the emission of, any stationary, transient, or mobile noise when measured at the property line of the source so as to exceed the sound pressure level of either:
(a) Ten dBA above the ambient sound pressure level between the hours of 7:00 a.m. and 10:00 p.m.; or
(b) Five dBA above the ambient sound pressure level between the hours of 10:00 p.m. and 7:00 a.m. the following morning.
(2) For any source of sound that emits a pure tone, cyclically-varying sound, or repetitive impulsive sound, the limits set forth in Table 1 shall be reduced by 5 dBA.
(B) Maximum permissible sound pressure level table.
Table 1: Maximum Outdoor Sound Pressure Levels (Leq)
| ||||||
Receiving Property/District
| ||||||
Residential Area | Commercial, Agricultural, or Public Area | Industrial Area | ||||
Source Property/District |
7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. |
Residential area |
60 dBA | 50 dBA | 60 dBA | 50 dBA | 60 dBA | 50 dBA |
Commercial, agricultural or public |
60 dBA | 50 dBA | 70 dBA | 60 dBA | 70 dBA | 60 dBA |
Industrial | 60 dBA | 50 dBA | 70 dBA | 60 dBA | 80 dBA | 75 dBA |
(C) Sound pressure level measurements.
(1) Sound pressure level measurements shall be made with a calibrated and certified type 2 sound level meter or better instrument as specified in the American National Standards Institute’s (ANSI) publication SI.4-1983 (Reaffirmed 2001) entitled Specifications for Sound Level Meters, or its current successor; or the International Electrochemical Commission (IEC) class, or type 1 and 2 standard 61672.
(2) All sound level measurements required by this subchapter shall be taken in dBA.
(D) Infrasound and ultrasound. This subchapter shall not regulate any sound emitted which is classified as infrasound (below 16 Hz) or ultrasound (above 20 kHz).
(E) Non-sound-based vibrations. The transmission of vibrations that are not sound based and which cannot be measured by a sound pressure meter are not restricted by this subchapter.
(F) Specific noise restrictions.
(1) No person shall operate or use, nor shall any person cause, allow, permit, or fail to control the operation or use of any commercial refuse compactor within 300 feet of a residential property between the hours of 10:00 p.m. and 7:00 a.m.
(2) No person shall operate nor shall any person cause, allow, permit, or fail to control the operation of any construction equipment or conduct any construction or demolition activities:
(a) Outside between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless a waiver has been issued in accordance with § 90.23; or
(b) Inside an enclosed structure between the hours of 10:00 p.m. and 7:00 a.m. the following morning if the activities create a sound level that violates the maximum sound levels in division (B) above, Table 1, at the property line of the source.
(3) Except as provided in division (G)(3) below, no person shall use fireworks or other explosive devices between the hours of 10:00 p.m. and 7:00 a.m., unless a permit has been issued in accordance with § 90.23. This provision shall not be construed to permit conduct prohibited by other statutes, ordinances, or regulations governing such activity.
(4) No person shall operate, install, or replace nor permit the operation, installation, or replacement of any HVAC system installed on, or within, any commercial or industrial property that exceeds the maximum allowable sound pressure levels set forth in division (B) above, Table 1, when measured at the property line of the source.
(5) No person shall collect garbage, waste, or refuse, nor shall any person cause, allow, permit, or fail to control the collection of garbage, waste, or refuse, within 300 feet of a residential property between the hours of 10:00 p.m. and 7:00 a.m.
(6) No person shall load or unload any equipment, vehicle, box, crate, container, garbage container, or other object or open, close, or otherwise handle these objects within 300 feet of a residential property between the hours of 10:00 p.m. and 7:00 a.m. so as to create a nuisance.
(7) (a) No person shall operate or use, nor shall any person cause, allow, permit, or fail to control the operation or use of, any motor vehicle:
1. Without a noise control system that meets the original specifications installed by the manufacturer;
2. Unless the noise control system is in constant operation and free of defects that affect sound reduction;
3. With any cutout, bypass, or similar device which increases sound pressure levels;
4. When the noise control system has been modified, punctured, or rendered inoperative; and
5. Unless the noise control system of the motor vehicle, or combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration, does not exceed the maximum allowable sound pressure levels set forth in division (F)(7)(a)5. below, Table 2, at a distance of 25 feet or more for the category of motor vehicle, based on the legal speed limit, posted or not, of the road on which such vehicle or vehicles are operated using testing methods as prescribed by the city.
Table 2: Maximum Sound Pressure Levels for Motor Vehicles
| |||
Sound Pressure Level, dBA
| |||
Measured at a Distance of: | Speed Limit 40 mph or Less | Speed Limit Over 40 mph | |
Any motor vehicle with a manufacturer’s gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,000 pounds or more, or any combination of vehicles towed by such motor vehicle | 25 ft. | 88 dBA | 94 dBA |
Any other motor vehicle, and any combination of motor vehicles, towed by such motor vehicle | 25 ft. | 80 dBA | 84 dBA |
(b) No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any off-highway vehicle or off-road motorcycle, whether or not duly registered:
1. Without a noise control system in constant use and in good working order so as to prevent emission of excessive or unusual sounds; and
2. Between the hours of one-half hour after sunset to one-half hour before sunrise the next day, unless the activity complies with division (B) above, Table 1, or the vehicle use is for legitimate agricultural purposes.
(c) No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any motor vehicle to remain in an idling mode or condition for:
1. A consecutive period of two minutes or longer unless specified by the manufacturer;
2. Any period of time while the vehicle is left unattended; or
3. So as to cause a noise disturbance.
(d) No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation or use of, any motor vehicle that emits excessive or unusual noises because of disrepair or mode of operation.
(e) No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger.
(f) No person shall sound any horn or audible signaling device on any motor vehicle, except to prevent or avoid an accident. Any advertisement or solicitation which encourages or requests a person to honk their horn in violation of this subchapter is expressly prohibited.
(g) 1. No person shall cause, allow, permit, or fail to control the operation or use of any motorcycle manufactured after December 31, 1982, without its required Motorcycle Noise Emission Control Label on the motorcycle vehicle itself under 40 C.F.R. § 205.158, and on any motorcycle exhaust system as required by 40 C.F.R. § 205.169(e)(1)(I). The following is an example of an EPA Noise Control Label: “This (manufacturer’s name) exhaust system (serial number) meets EPA Noise Emission Requirements of (noise emission standard) dBA for the following motorcycles: (list of model-specific codes). Installation of this exhaust system on motorcycle models not specified may violate federal law.”
2. No person shall deface, or allow any person to deface, any noise emission control label required by federal law which is affixed to any motorcycle, or motorcycle part, for purposes of identifying the motorcycle, or motorcycle part, as a federally regulated product.
3. No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any motorcycle manufactured to federal noise law standards that does not bear a label or mark on the exhaust system that matches the model-specific code of the motorcycle vehicle on which the system is installed.
4. No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any motorcycle identified by the noise emission control label, or mark as being for “competition use only,” on any property other than within a motor sports facility for the purpose of participating in a practice session or racing event.
5. No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any motorcycle fitted with an exhaust system or exhaust system component identified by the noise emission control label, or mark as being for “competition motorcycles only,” on any property other than a motor sports facility for the purpose of participating in a practice session or racing event.
(h) In a residential area, no person shall repair, rebuild, modify, idle, run, accelerate, or test any motor vehicle, nor any auxiliary equipment attached to such vehicle, between the hours of 10:00 p.m. and 7:00 a.m. In a commercial or industrial area within 300 feet of a residential property, no person shall repair, rebuild, modify, idle, run, accelerate, or test any motor vehicle, nor any auxiliary equipment attached to such vehicle, between the hours of 10:00 p.m. and 7:00 a.m. unless such activity is conducted within a fully-enclosed facility, and complies with the conditions set forth in division (B) above, Table 1.
(8) No person shall operate, nor shall any person cause, allow, permit, or fail to control the operation of, any motorized mechanical sweeper, blower, or vacuum within 300 feet of a residential property between the hours of 10:00 p.m. and 7:00 a.m.
(9) Outdoor use of portable mechanical equipment is restricted between the hours of 10:00 p.m. and 7:00 a.m.
(10) Outdoor use of commercial mechanical equipment must comply with the conditions set forth in division (B) above, Table 1, and is restricted between the hours of 10:00 p.m. and 7:00 a.m.
(11) With the exception of declaring an emergency, no person shall operate or play, nor shall any person cause, allow, permit, or fail to control the operation or playing of, any personal or commercial sound amplification, or sound reproduction equipment, or musical instruments, or similar devices in such a manner:
(a) So as to exceed the maximum allowable sound pressure levels set forth in division (B) above, Table 1, when measured at the property line of the source;
(b) Which emits a plainly audible noise in a public area, or within the public or private right-of-way at a distance of 50 feet or more in any direction from the operator, between the hours of 7:00 a.m. and 10:00 p.m. The city may issue permits for public events under § 90.23, which are then exempt from this provision;
(c) Which emits a noise which is plainly-audible to any person other than the operator in a public area, or a public or private right-of-way, between the hours of 10:00 p.m. and 7:00 a.m. the following morning. The city may issue permits for public events under § 90.23 which may continue past 10:00 p.m., which are then exempt from this provision;
(d) Which emits a noise which is plainly audible to any person, other than the operator, when operated on a common carrier by any passenger;
(e) The maximum sound pressure level exceeds 95 dBA at a point normally occupied by a patron on the premises of an entertainment venue, unless conspicuous and legible written notification is provided to the public prior to entrance into the venue stating “WARNING: SOUND LEVELS ON THIS PREMISES MAY CAUSE PERMANENT HEARING DAMAGE. HEARING PROTECTION IS AVAILABLE.” In the alternative, the above warning may be provided on a sign of a color and lettering design in high contrast with its background and posted where it is plainly visible at each public entrance in bold letters of at least one inch in height. Every venue that may have the potential of exceeding 95 dBA shall have readily available for public distribution, at a cost not exceeding retail value, single-use earplugs that have a noise reduction rating (NRR) of at least 20 decibels. This division (F)(11)(e) shall not be construed to permit conduct prohibited by any other provision of this subchapter; or
(f) So as to exceed 100 dBA at any place within an entertainment venue at any time.
(G) Exemptions.
(1) In the rare event compliance causes extreme or undue hardship to a facility, business, or community activity, the city may issue a permit and allow the activity if the responsible party demonstrates to the city, by competent evidence, that best management practices are being applied.
(2) Noise resulting from a response to any emergency event shall be exempt from this subchapter, including the use of emergency equipment, emergency vehicles, emergency relief valves, emergency work, and emergency power generators which provide emergency power or potable water to any hospital, health clinic, nursing home, similar facilities, or physician-prescribed home-based personal medical equipment, or where the loss of electrical power or potable water poses an immediate risk to the health, safety, and welfare of any person, or as required by federal or state law, shall be exempt from this subchapter. During a power failure, other commercial or personal emergency power generators operating between the hours of 10:00 p.m. and 7:00 a.m. may reach, but not exceed, the maximum daytime sound pressure levels set forth in division (B) above, Table 1, when measured from the receiving property.
(3) Noise resulting from lawful fireworks shall be exempt from this subchapter when discharged:
(a) By the public:
1. Between the hours of 11:00 a.m. and 11:00 p.m. on the days allowed by statute, which include July 1 through July 7 and July 21 through July 27, except that on July 4 and July 24, the hours are 11:00 a.m. to midnight;
2. Between the hours of 11:00 a.m. December 31 and 1:00 a.m. the following day, except when New Year’s Eve falls on a Sunday and the local municipality determines to celebrate New Year’s Eve on the prior Saturday; and
3. Between the hours of 11:00 a.m. on Chinese New Year’s Eve and 1:00 a.m. the following day.
(b) By a licensed display or special effects operator to conduct a professional fireworks display:
1. Between the hours of 7:00 a.m. and 10:00 p.m.;
2. Between the hours of 11:00 a.m. and midnight on the day officially celebrated as, and including, July 4 and July 24;
3. Between the hours of 11:00 a.m. and 11:00 p.m. for a special event sponsored by a local municipality;
4. Between the hours of 11:00 a.m. on December 31 and 1:00 a.m. the following day; and
5. Between the hours of 11:00 a.m. on Chinese New Year’s Eve and 1:00 a.m. of the following day.
(4) Noise resulting from the use of farm equipment or off-highway implements of husbandry for recognized and legitimate agricultural purposes shall be exempt from this subchapter; provided that:
(a) All reasonable efforts have been made to minimize the impact on the community;
(b) The equipment is operating within manufacturer’s specifications;
(c) All noise control systems are in constant use, in good working order, and in compliance with this subchapter;
(d) All equipment is in good mechanical working condition so as to not emit excessive or unusual sounds; and
(e) The equipment or activities do not create a nuisance in any land district.
(5) Noise resulting from the use of portable mechanical equipment shall be exempt from this subchapter between the hours of 7:00 a.m. and 10:00 p.m. so long as the equipment is in good repair, performs a legitimate service, and is being used according to the manufacturer’s specifications and does not create a nuisance.
(6) Noise directly resulting from crowd noise associated with a lawful public assembly shall be exempt from this subchapter.
(7) Noise resulting from the operation of a HVAC system used on, or within, a residential property use, including central air conditioning units, evaporative coolers, or window cooling units, regardless of the time or frequency of operation, shall be exempt from this subchapter; provided the system is in good repair and operating within the manufacturer’s specifications.
(8) Noise resulting from the operation of snow removal equipment shall be exempt from this subchapter:
(a) At any time on any street, avenue, road, boulevard, or highway when the operation of the snow removal equipment is conducted by a government entity;
(b) At any time for a commercial or industrial property not within 300 feet of a residential dwelling; and
(c) For all other properties: Beginning at 4:00 a.m. when snow has accumulated during the prior 12 hours.
(Prior Code, § 8.08.040) (Ord. 27-2016, passed 12-21-2016) Penalty, see § 90.99