Lindsay Municipal Code § 8.20 Noise Control

It is found and declared that:

1. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of Lindsay is a condition which has existed for some time and the extent and volume of such noises is increasing;
2. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and
3. The necessity in the public interest for the provisions and prohibitions contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Lindsay and its inhabitants.

(Ord. 521 § 1 (part), 2006; Ord. 355 § 1-101, 1978)

It is unlawful for any person to make, continue, cause to be made or continued, any excessive, unnecessary or unusually loud noise, or endangers the comfort, repose, health, peace or safety of others within the limits of the city.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-102, 1978)

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

"Ambient noise" means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.

"Decibel" means one-tenth of a bel and is a unit of level when the base of the logarithm is the tenth root of ten, and the quantities concerned are proportional to power.

"Emergency work" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

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

"Mobile noise source" means any noise source other than a fixed noise source.

"Motor vehicles" means and includes, but is not limited to, off-road vehicles, mini-bikes and go-carts.

"Prima facie" means legally sufficient to establish a fact or a case unless disproved.

"Property" means something to which a person has legal title and or use, and defines the legal boundaries.

"Sound level (noise level)," in decibels (dB), means the sound pressure level as measured with the "A" weighted and slow response by a sound meter.

"Sound level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighted network for the measurement of noise and sound level in a specified manner.

"Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon any sound-amplifying equipment.

"Sound-amplifying equipment" means any machine or device for amplification of the human voice, music, or any other sound. Sound-amplifying equipment shall not include standard automobile radios or tape players when heard only by the occupants of the vehicle in which the automobile radio is installed. Sound-amplifying equipment, as used in this chapter, shall not include warning devices in authorized emergency vehicles or horns or other warning devices in a vehicle which is used only for traffic safety purposes.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(A), 1978)

The standards which shall be considered in determining whether a violation of Section 8.20.020 of this chapter exists shall include, but not limited to the following:

1. The volume of noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The volume and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent or constant;
12. Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(B), 1978)

It is unlawful for any person to make, continue, allow or cause to be made or emanate any excessive, unnecessary, unnatural or unusually loud noise or sound, or allow or cause to be made any excessive, unnecessary, unnatural or unusually loud noise or sound from any radio, phonograph, disc player, tape deck, stereo, television or other mechanical, electrical or electronic sound amplification device or instrument which either annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of others, within the limits of the city; such act or acts being declared a public nuisance. In interpreting and applying this section, the following shall apply:

1. Emanating noise or sound shall be defined for these purposes as excessively, unnecessarily, unnaturally or unusually loud when it is plainly audible to a person at a minimum distance from the source of such noise or sound. Proof of same shall be prima facie evidence of a violation of this section.
2. Prima facie evidence that such noise or sound annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace, business or safety of other persons is shown by proof of subsections A and D of this section, or a complaint by a person or persons regarding such noise or sound.
3. The distance from the source of such noise or sound shall be measured from the actual source itself except where the source is located on private property in which case the distance shall be measured from the property line.
4. Alternative prima facie evidence that such noise or sound is as excessively, unnecessarily, unnaturally or unusually loud is shown by a sound level exceeding the ambient sound level measured at the property line or, in the case of common wall condominiums, apartments or business facilities, measured within the adjoining occupied unit.
5. Nothing in this section prohibits or declares unlawful or a nuisance:
6. The operation of warning or amplification devices by emergency, fire or law enforcement vehicles or personnel;
7. Lawful use of vehicle horns or backup warning devices;
8. Private or public warning equipment or systems;
9. The conduct of previously authorized or otherwise lawful public activity such as parades, speeches, lectures, ceremonies, entertainment, sports, music or recreation events; or
10. The usual and customary operations of bells, gongs, buzzers, or similar mechanical, electrical or electronic sound amplification devices to mark time or call to attendance for an otherwise lawful use or purpose.
11. Sound Amplification Devices (Motor Vehicle Code, Section 27007). No driver of a motor vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from fifty or more feet when the vehicle is operated upon a highway unless that system is being operated to request assistance or warn of a hazardous situation. This shall not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution.
12. Public Park/City Facilities.
13. Sound or noise produced by amplification equipment used at all city parks and other city facilities shall be measured at a point not greater than one hundred forty feet from the sound source within the city parks or facilities and shall not exceed eight-five decibels.
14. It should be the event sponsor's responsibility to monitor and measure the sound at regular intervals of approximately thirty minutes to insure that sound levels are below the standard decibels. The sponsor shall provide a sound level meter to accomplish this task.
15. Failure of the event sponsor to enforce the sound limits may result in any or all of the following:
16. The forced curtailment of activities as ordered by the police department;
17. Citation issued by the police department under the city's nuisance ordinance;
18. Forfeiture of deposits placed with the city by the sponsor for use of the facility.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(C), 1978)

1. It is unlawful to operate a motorized vehicle within the city limits which creates a noise or sound which exceeds the noise level limits set in Table II:

TABLE II. LIMITING NOISE LEVELS FOR MOTOR VEHICLES

2. Measurement of Noise. The measurement of sound or noise shall be made with a sound level meter. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noise sources shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(D), 1978)

1. It is unlawful to sustain in any enclosed place of public entertainment including, but not limited to, a restaurant, bar, cafe, discotheque, dance hall, any amplitude equal to or in excess of ninety-five dB(A) sustained for more than thirty seconds.
2. Measurement of Noise. Such sound or noise is to be measured by a sound level meter from any area to which the public is invited within any enclosed place of entertainment.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(E), 1978)

It is unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding eighty-seven dB(A) within the city.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(F), 1978)

The following uses and activities shall be exempt from noise level regulations:

1. Noises of safety signals, warning devices, and emergency pressure relief valves;
2. Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;
3. Noises resulting from emergency work as defined in Section 8.20.030 of this chapter;
4. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted in accordance with Section 8.20.100 of this chapter;
5. Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction used pursuant to and within the duly adopted federal air regulations shall be exempt from the provisions of Section 8.20.080 as well as the other regulations in this chapter. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt from the provisions of Section 8.20.080 as well as the other regulations of this chapter.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(G), 1978)

Applications for a permit for relief from the noise level designated in this chapter on the basis of undue hardship and special events may be made to the city manager or his duly authorized representative. Any permit granted by the city manager under this section shall contain all conditions under which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The city manager, or his duly authorized representative, may grant the relief applied for if he finds:

1. That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or
2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with this chapter; and
3. That no other reasonable alternative is available to the applicant; and
4. The city manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or surrounding neighborhood.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-103(H), 1978)

Each violation of the provisions of this chapter shall be deemed a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine in an amount which is set by resolution of the City Council or both. Upon recommendation of the prosecuting attorney, the court may reduce the charged offense from misdemeanor to an infraction punishable under Chapter 1.16 of this code.

( Ord. 604 2023, Ord. 521 § 1 (part), 2006: Ord. 355 § 1-104, 1978)

Violations of this chapter shall be prosecuted in the same manner as other misdemeanor violations of the city's code; provided, however, that in the event of violation of Section 8.20.050 or 8.20.060 of this chapter, a written notice of intention to prosecute will be given the alleged violator not less than five calendar days prior to the issuance of the misdemeanor complaint. No complaint shall be issued in the event the cause of the violation is removed, the condition abated or fully corrected within the five-day period. In the event the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required in this section shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred, in which event the five-day period shall commence at the date of the day following the mailing of the notice.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-105, 1978)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or by injunction issued by a court of competent jurisdiction.

(Ord. 521 § 1 (part), 2006: Ord. 355 § 1-106, 1978)