Chapter 9.20 — NOISE

It is declared to be the policy of the city that the peace, health, safety and welfare of its citizens require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizens under any condition of use, especially those conditions of use which have the most severe impact on any person. It is not the intention of this chapter to place undue restrictions on the normal and usual activities of industrial applications, even though noise generated by such applications might be greater than ordinarily present in residential or commercial areas.

(Ord. 434 §1(part), 1981)

Every person, firm or corporation who shall make or continue or cause to be made or continued, any loud, unnecessary, unusually penetrating or boisterous noise, disturbance, or commotion, which disturbs the peace or quiet of any neighborhood, or which causes a discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, shall be deemed guilty of an infraction.

(Ord. 434 §1(part), 1981)

Between the hours of ten p.m. of one day and six a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to create, cause to be created or maintain sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources shall include, but not be limited to, the following:

A.

Excessively loud noises caused by the use or operation of radios, musical instruments and drums, phonographs, television sets, or other machines or devices for the production, reproduction or amplification of sound;

B.

Operation of equipment or performance of any outside construction or repair work on buildings, structures or projects, or operation of construction type devices;

C.

Excessively loud sounds, cries, or behavioral noise caused by the keeping or maintenance of animals or fowl;

D.

Excessively loud noise caused by the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus, or similar mechanical device;

E.

Operation of chimes, bells, or other devices for the purpose of advertising or inviting the patronage of any person or persons to any business enterprise;

F.

Repairing, rebuilding or testing of motor vehicles or operating of any motor driven vehicle off public streets or highways;

G.

Excessively loud noise caused by calling, shouting, laughing, or crying.

(Ord. 436 §1(part), 1981)

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, providing conspicuous signs are displayed in such streets, sidewalk or any public place indicating the presence of a school, church or hospital.

(Ord. 436 §1(part), 1981)

A.

It is unlawful for any person within the city to sell, advertise, or invite patronage for anything by public outcry or by use of any type of noise making or sound amplifying device.

B.

The city council may grant an exception to this section, if after application and review, it finds that circumstances are such that an exception is warranted. The circumstances must be such that the same exception would be appropriate for any other hawker or peddler in the same situation.

C.

In granting an exception, the city council may specify any special requirements, routes, time schedules or other standards which they may deem necessary to carry out the intent of this chapter and protect the public welfare.

(Ord. 436 §1(part), 1981)

In enforcing the provisions of this chapter, the enforcing officer shall utilize, but shall not be limited to, the following general standards:

A.

The volume, intensity, and duration of the noise;

B.

Whether the nature of the noise is usual or unusual;

C.

The nature and zoning of the area within which the noise emanates;

D.

The time of the day or night the noise occurs; and

E.

Whether the noise is recurrent, intermittent, or constant.

(Ord. 436 §1(part), 1981)

The provisions of this chapter shall have no application to the sounding of a siren or the making of other usual signals by any police or peace officers in the performance of their duties, nor the sounding of any siren upon any ambulance or fire fighting equipment, or upon the city hall, in the usual and customary manner.

(Ord. 436 §1(part), 1981)

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any of the provisions of this chapter. Any person convicted of an infraction under the provisions of this chapter shall be punishable as set forth in Section 1.12.030.

(Ord. 436 §1(part), 1981)