§ 5-2

In order to control loud, unnecessary and unusual noises, sounds or vibrations emanating from areas of the City, it is hereby declared to be the policy of the City to prohibit such noise, sound and vibration generated from or by all sources as specified in this chapter. It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. Creating, maintaining, causing or allowing to be created, caused or maintained, any noise, sound or vibration in a manner prohibited by or not in conformity with the provisions of this chapter is declared to be a public nuisance and shall be punishable as such. (Ord. 599, § 1)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Ambient noise level" shall mean the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"Cumulative period" shall mean an addictive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" shall mean a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 120 microPascals.

"Fixed noise source" shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

"Grading" shall mean any excavating or filling or earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon.

"Impact noise" shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

"Impulsive noise" shall mean a sound of high intensity, short duration, usually less than one second, with an abrupt onset and rapid decay.

"Mobile noise source" shall mean any noise source other than a fixed noise source.

"Noise levels" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 microNewtons per square meter. The unit of measurement shall be designated as dB(A).

"Person" shall mean a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature.

"Residential property" shall mean a parcel of real property which is zoned and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

"Simple tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound level meter" shall mean an instrument meeting American National Standard Institutes Stand S1.4-1971 for Type 1 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (Ord. 599, § 1)

• (a) The noise, sound or vibration limits or levels imposed by this section shall apply to all residential-ly zoned properties in the City.

• (b) Except as otherwise allowed in this chapter, no person, from any location within the City, shall create or allow the creation of noise, sound or vibration on any property owned, leased, occupied, or other controlled by such person, which causes the noise level on any residential property to exceed the greater of either the actual measured ambient noise level, or the following ambient noise level for a cumulative period of more than 30 minutes in any hour as measured at any property line:

If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, the permissible noise level set forth above shall be reduced by five dB(A).

• (c) If the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.

• (d) Increases in noise levels prescribed in this section are permitted in accordance with the following:

• (Ord. 599, § 1)

• (a) The noise, sound or vibration limits or levels imposed by this section shall apply to all interior spaces within buildings or structures on residentially zoned properties in the City.

• (b) Except as otherwise allowed in this chapter, no person, from any location within the City, shall create or allow the creation of noise, sound or vibration on any property owned, leased, occupied, or other controlled by such person, which causes the noise level on any residential property to exceed the greater of either the actual measured ambient noise level, or the following ambient noise level for a cumulative period of more than five minutes in any hour:

If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, the permissible noise level set forth above shall be reduced by five dB(A).

• (c) If the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.

• (d) Increases in noise levels prescribed in this section are permitted in accordance with the following:

(Ord. 599, § 1)

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise, sound or vibration which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The factors which shall be considered in determining whether such noise violates the provisions of this section shall include, but not be limited to, the following:

• (a) The volume of the noise;

• (b) The intensity of the noise;

• (c) Whether the nature of the noise is usual or unusual;

• (d) Whether the origin of the noise is natural or unnatural;

• (e) The volume and intensity of the background noise, if any;

• (f) The proximity of the noise to residential sleeping facilities;

• (g) The nature and zoning of the area within which the noise emanates;

• (h) The density of the inhabitation of the area within which the noise emanates;

• (i) The time of the day or night the noise occurs;

• (j) The duration of the noise;

• (k) Whether the noise is recurrent, intermittent, or constant; and

• (l) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 599, § 1)

Except as set forth in Section 5-2.07 of this chapter, the following acts and the causing or permitting thereof, are specifically declared to be a violation of this chapter:

• (a) Radios, Phonographs, Etc . The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 7:00 a.m. of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned (hereinafter "device") for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of 50 feet or more from the property line of the property from which the noise, sound or vibration is emanating, and the using, operating or permitting to be played, used or operated between the hours of 7:00 a.m. and 10:00 p.m. of any such device for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of 200 feet or more from the property line of the property from which the noise, sound or vibration is emanating.

• (b) Band or Orchestral Rehearsals . The conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practice between the hours of 10:00 p.m. and 7:00 a.m. sufficiently loud as to be plainly audible at a distance of 50 feet or more from the property line of the property where the concert, rehearsal or practice is occurring, and the conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practice between the hours of 7:00 a.m. and 10:00 p.m. sufficiently loud as to be plainly audible at a distance of 200 feet or more from the property line of the property where the concert, rehearsal or practice is occurring.

• (c) Engines, Motors and Mechanical Devices Near Residential District . The sustained, continuous or repeated operation or use between the hours of 8:00 p.m. and 7:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at: (1) a distance of 50 feet or more from the property line of the property from which the noise, sound or vibration is emanating or (2) the exterior wall of any adjacent residence, whichever is less.

• (d) Motor Vehicles . Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.

• (e) Loading and Unloading . Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 8:00 p.m. and 7:00 a.m. in volume sufficiently loud as to be plainly audible at a distance of 50 feet or more from the property line of the property where the activity is occurring.

• (f) Construction . Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used on construction, drilling, repair, alteration, demolition or earthwork, between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or at any time on Sunday or Federal holiday.

• (g) Nonemergency Signaling Devices . Sounding or permitting the sounding of any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes between the hours of 8:00 p.m. and 7:00 a.m. Sound sources included within this provision may be exempted by a variance issued by the Planning Commission.

• (h) Emergency Signaling Devices .

  • (1) The intentional sounding, or permitting the sounding, outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, for testing, except as provided in Subsection 5-2.06(h)(2).

  • (2) Testing of an emergency signaling device shall not occur between the hours of 8:00 p.m. and 7:00 a.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month.

  • (3) Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within 15 minutes of activation.

  • (4) Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five minutes of activation.

  • (5) Sounding or permitting the sounding of any motor vehicle alarm more than three times of any duration in any 24 hour period.

• (i) Commercial Establishments Adjacent to Residential Property . Continuous, repeated or sustained noise, sound or vibration from the premises of any commercial establishment, including any outdoor area that is a part or under the control of the establishment, which is licensed by the City and is adjacent to one or more residential dwelling units, between the hours of 10:00 p.m. and 7:00 a.m., that is plainly audible from the exterior wall of the adjacent residential dwelling unit.

• (j) Leaf Blowers . The use or operation or allowing the use or operation of any leaf blower, as defined and regulated in Chapter 12 of Title 5 of this Code, between the hours of 8:00 p.m. and 8:00 a.m. of the next day.

• (Ord. 599, § 1)

The following activities shall be exempt from the provisions of this chapter:

• (a) Outdoor events, such as gatherings, fairs, bazaars, festivals and similar events if and to the extent the events are conducted pursuant to a temporary use permit issued by the City.

• (b) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, "emergency" means a condition that constitutes an immediate threat to public safety, health or welfare or to property.

• (c) Noise sources associated with the maintenance of real property such as the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool, provided such activities take place between 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 6:00 p.m. on weekends and holidays.

• (d) Any activity to the extent regulation thereof has been preempted by State or Federal law.

• (e) Activities of the Federal, State or local jurisdiction while performing governmental duties.

• (f) Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns.

• (g) Activities conducted on public playgrounds, public or private school grounds including, but not limited to, school athletic and school entertainment events and band or orchestral rehearsals for school athletic or school entertainment events.

• (Ord. 599, § 1)

• (a) Using the "A" weighting scale of the sound level meter and the "slow" meter response ("fast" response for impulsive-type sounds), the noise level shall be measured at the street or at any point on the property where the noise is received. In general, the microphone shall be located four to five feet above the ground; 10 feet or more from the nearest structure or wall. In those cases where another elevation is deemed appropriate, it shall be utilized.

• (b) If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the structure or building from which the noise emanates. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration.

• (c) Calibration of the measurement equipment shall be performed immediately prior to recording any noise data utilizing an acoustic calibrator.

• (Ord. 599, § 1)

A violation of any of the provisions of this chapter is a misdemeanor which is punishable as provided in Chapter 2 of Title 1 of this Code.

(Ord. 599, § 1)

CHAPTER 3 GAMBLING

Article 1 Charitable Bingo