Loyalton Municipal Code Ch. 6.44 Noise Regulations

A. Declaration of Policy

It is hereby declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically proscribed.

B. Definitions

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:

(a) Ambient Noise

“Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level is average over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

(b) Decibel

“Decibel” shall mean a unit of level when the base of the logarithm is the tenth root of ten and the quantities concerned are proportional to power.

(c) Emergency Work

“Emergency work” shall mean 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 to work by private or public utilities when restoring utility service.

(d) Frequency

“Frequency” of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.

(e) Hertz

“Hertz” shall mean the complete sequence of values of a periodic quantity which occurs during a period.

(f) Microbar

“Microbar” shall mean a unit of pressure commonly used in acoustics and equal to one (1) dyne per square centimeter.

(g) Period

“Period” of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.

(h) Periodic Quantity

“Periodic quantity” shall mean oscillating quantity, the values of which recur for equal increments of time.

(i) Person

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

(j) Sound Level

“Sound level” (noise level”, in decibels (dB) is the sound measured with the A weighting and slow response by a sound level meter.

(k) Sound Level Meter

“Sound level meter” shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound level which satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revisions thereof.

(l) Motor Vehicles

“Motor vehicles” shall include, but not be limited to, mini-bikes and go-carts.

(m) Sound Amplifying Equipment

“Sound amplifying equipment” shall mean any machine or device for the amplification of the human voice, music or any other sound. “Sound amplifying equipment” shall not include standard automobile radios when used and 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 on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

(n) Sound Truck

“Sound truck” shall mean any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

6.44.010 (Continued)

(o) Commercial Purpose

“Commercial purpose” shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.

(p) Noncommercial Purpose

“Noncommercial purpose” shall mean the use, operation, or maintenance of any sound equipment for other than a “commercial purpose.” “Noncommercial purpose” shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.

C. Sound Level Measurement Criteria

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the “A” weighting.

D. Ambient Base Noise Level

Where the ambient noise level is less than designated in this section the respective noise level in this section shall govern.

Sound Level A, decibels

Community Environment Classification Zone Time Very Quiet (rural, suburban) Quiet (suburban) Slightly Noisy (suburban, urban) R1 and R2 10pm to 7am 40 45 50 R1 and R2 7pm to 10pm 45 50 55 R1 and R2 7am to 7pm 50 55 60 R3 and R4 10pm to 7am 45 50 55 R3 and R4 7am to 10pm 50 55 60 Commercial 10pm to 7am 55 60
Commercial 7am to 10pm 60 60

M1 anytime 70 70

M2 anytime 75 75

E. Violation: Misdemeanors

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding Five Hundred and no/100ths Dollars ($500.00) or be imprisoned in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

F. Violations: Additional Remedies: Injunctions

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance cause 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 6.44.010 (Continued)

public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

G. Severability

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable.

A. Radios, Television Set, and Similar Devices

(a) Use Restricted

It shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or devise for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

(b) Prima facie violation

Any noise level exceeding the ambient base level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.

B. Hawkers and Peddlers

It shall be unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.

C. Drums

Use restricted

It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct.

D. Schools, Hospitals and Churches

It shall be unlawful for any person to create any noise on any street, sidewalk, or public 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 working of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church, or hospital. 6.44.010 (Continued) – 6.44.020

E. Animals and Fowl

No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood.

F. Machinery, Equipment, Fans, and Air Conditioning

It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels.

A. Construction of Buildings and Projects

It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform an outside construction or repair work on buildings, structures, or projects or t operate any pile drive, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort of annoyance unless beforehand a permit therefor has been duly obtained from the Loyalton City Council. No permit shall be required to perform emergency work as defined in section 6.44.010 B. of this chapter.

B. Motor Driven Vehicles

It shall be unlawful for any person to operate any motor driven vehicle within the City in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section.

A. Purpose

The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of sound amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

B. Registration: Required

It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound addresses, lectures, or transmitting music to any

persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval thereof as set forth in this section.

C. Registration: Requirements and Duties

(a) Registration statements: Filing

Every user of sound amplifying equipment shall file a registration statement with the City Clerk seven (7) days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

(1) The name, address and telephone number of both the owner and user of the sound amplifying equipment; (2) The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment; (3) The license and motor number if a sound truck is to be used: (4) A general description of the sound amplifying equipment which is to be used; and (5) Whether the sound amplifying equipment will be used for commercial or noncommercial purposes.

(b) Registration Statements: Approval

The City Council shall return to the applicant an approved certified copy of the registration statement unless he finds that:

(1) The condition of the motor vehicle movements are such that in the opinion of the City Council use of the equipment would constitute a detriment to traffic safety; or (2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or (3) The registration statement required reveals that the applicant would violate the provisions set forth in section B. of Section 6.44.050 or any other provisions of this Code.

(c) Disapproval

In the event that the registration statement is disapproved, the Council shall endorse upon the statement their reasons for disapproval and return it forthwith to applicant.

D. Appeals

Any person aggrieved by disapproval of a registration statement may appeal by complying with the provisions of Chapter 1.24 of Part 1 General Provisions of this Code relating to appeals.

E. Fees

Prior to the issuance of the registration statement, a fee in the amount of $5.00 per day, or any portion thereof, shall be paid to the City, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes.

6.44.050 (Continued)

F. Regulations

The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations:

(a) The only sounds permitted shall be either music or human speech, or both. (b) The operation of sound amplifying equipment shall only occur between the hours of 8:00 a.m. and 5:00 p.m. each day except on Sundays and legal holidays. No operation of sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifying equipment for noncommercial purposes on Sundays and legal holidays. The operation of sound amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 6:00 p.m. (c) Sound level emanating from sound amplifying equipment shall not exceed (15) decibels above the ambient base noise level. (d) Notwithstanding the provisions of subsection (c) of this section, sound amplifying equipment shall not be operated within 200 feet of churches, schools, hospitals, or City buildings. (e) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any person of normal sensitiveness residing in the area.

The standard which shall be considered in determining whether a violation of the provision of this section exists shall include, but not be limited to, the following:

(a) The level 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 level 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 non-commercial activity.

6.44.050 (Continued) – 6.44.060