90.4 and/or 18-90.5 of this article.

2. Prima Facie Evidence: Prima facie evidence exists when such noise or sound annoys, disturbs, injures, or endangers the comfort, repose, quiet, health, peace, business, or safety of other persons and is shown by proof of noncompliance with subsection A of this section, or by a complaint by a person or persons regarding such noise or sound. A complainant must have standing to file a complaint.

   3. Measuring Of Distance: The distance from the source of such noise or sound shall be measured from the actual source itself, or where the source is located on private property not adjacent to residential property, in which case the distance shall be measured from the property line.

   4. Alternative Prima Facie Evidence: Alternative prima facie evidence that such noise or sound is excessively, unnecessarily, unnaturally, or unusually loud is shown by a sound level exceeding the ambient sound level by more than five (5) decibels measured at the property line, or in the case of common wall construction such as condominiums, apartments, or business facilities, measured within the adjoining occupied units.

   5. Exemptions: Nothing in this section prohibits or declares unlawful or a nuisance:

   a. The operation of warning or amplification devices by emergency, fire, or law enforcement vehicles or personnel;

   b. Lawful use of vehicle horns or backup warning devices;

   c. Private or public warning equipment or systems;

   d. The conduct of previously authorized and otherwise lawful public activity such as parades, speeches, lectures, ceremonies, entertainment, sports, music, or recreation events;

   e. 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, except within public rights of way pursuant to section 20-6 of this code.

   6. Sound Amplification Devices (Refer To Advertising And Signs Code, Section 3-15 Of This Code): The use of sound trucks or any other vehicle in the city with sound amplifying equipment in operation shall comply with the provisions of section 3-15 of this code.

C. Public Park/City Facilities:

1. Sound or noise produced by amplification equipment used at all city parks and other city facilities shall not exceed seventy five

(75) dBA when measured at a distance of one hundred feet (100') from the sound source or the closest residential property line, whichever is closest to the noise source.

2. It should be the event sponsor's responsibility to ensure that sound levels are below the specified noise level standard. The

sponsor shall provide a sound level meter to accomplish this task.

3. Failure of the event sponsor to enforce the sound limits may result in any or all of the following:

a. The forced curtailment of activities as ordered by the police department.

b. Citation issued by the police department under the city's nuisance abatement ordinance.

c. Forfeiture of deposits placed with city by the sponsor for use of the facility.

D. Noise Measurement: Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the "A" weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment utilizing an acoustical calibrator certified by its manufacturer to be in compliance with National Institute of Standards and Technology (NIST) reference calibration levels shall be performed immediately prior to recording noise level data.

E. Exterior Noise Levels: Exterior noise levels shall be measured from the nearest residential, school, hospital, church or public library property line to the noise source. Where practical, the noise testing microphone shall be positioned three (3) to five feet (5') above the ground and away from reflective surfaces.

F. Interior Noise Levels: Interior noise levels shall be measured within the affected dwelling unit, at points at least four feet (4') from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Reported interior noise levels shall be determined by taking the arithmetic average of the readings taken at the various microphone locations. (Ord. 1757, 8-18-2009)

18-90.4: EXTERIOR NOISE STANDARDS:

A. It is unlawful for any person at any location within the incorporated areas of the city to create any noise, or to allow the creation of any noise, on property owned, leased, occupied or otherwise controlled by such person which causes the exterior noise level when measured at any affected residence, school, hospital, church or public library to exceed the noise level standards as set forth in the following table:

EXTERIOR NOISE LEVEL STANDARDS, dBA

Daytime Nighttime

Category 7:00 A.M. To 10:00 P.M. 10:00 P.M. To 7:00 A.M. Hourly Leq 50 45 Maximum sound level (LMAX) 70 65

B. In the event the measured ambient noise level without the alleged offensive source in operation exceeds the applicable noise level standard in either category above, the applicable standard or standards shall be adjusted so as to equal the ambient noise level.

C. Each of the noise level standards specified above shall be reduced by five (5) dB for pure tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

D. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level without the source can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards. (Ord. 1757, 8-18-2009)

18-90.5: RESIDENTIAL INTERIOR NOISE STANDARDS:

A. It is unlawful for any person at any location within the incorporated areas of the city, to operate or cause to be operated within a dwelling unit or on property occupied by a nonresidential use, any source of sound or to allow the creation of any noise which causes the noise level when measured inside another dwelling unit to exceed the noise level standards as set forth in the following table:

INTERIOR NOISE LEVEL STANDARDS, dBA

Daytime Nighttime

Category 7:00 A.M. To 10:00 P.M. 10:00 P.M. To 7:00 A.M. Maximum sound level (LMAX) 55 45

B. The noise level standards specified above shall be reduced by five (5) dB for pure tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

C. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level without the source can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards. (Ord. 1757, 8-18-2009)

18-90.6: NOISE SOURCE EXEMPTIONS:

The following activities shall be exempted from the provisions of this article:

A. Noises from safety signals, warning devices, and emergency pressure relief valves.

B. Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.

C. Noises resulting from emergency work, including repair of public utilities.

D. Activities conducted in public parks, public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events, except as otherwise noted in this article.

E. Any mechanical device, apparatus or equipment used, related to, or connected with emergency activities or emergency work.

F. Noise sources associated with construction, whether private or public, within five hundred feet (500') of the uses mentioned in subsection 18-90.4 of this article, provided such activities do not take place before six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M. on any day except Saturday or Sunday, or before seven o'clock (7:00) A.M. or after five o'clock (5:00) P.M. on Saturday or Sunday.

G. Noise sources associated with the maintenance of residential property provided such activities take place between the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. on any day except Saturday or Sunday, or between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on Saturday or Sunday.

H. Noise sources associated with a lawful commercial or industrial property caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of this chapter; provided that this exemption shall expire twelve (12) months after the effective date of this chapter.

I. Noise sources associated with the collection of waste or garbage.

J. Noise sources associated with seasonal agricultural packing operations provided that noise levels produced by such operations do not exceed the exterior noise level standards set forth in section 18-90.3 of this article when measured as provided in section 18-90.4 of this article for a cumulative period of more than ninety (90) days out of the year.

K. Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 1757, 8-18-2009)

18-90.7: RESIDENTIAL AIR CONDITIONING AND REFRIGERATION SYSTEMS:

Notwithstanding the provisions of section 18-90.3 of this article where the intruding noise source when measured as provided in section 18-90.4 of this article is an existing residential air conditioning or refrigeration system or associated equipment, the exterior noise level shall not exceed fifty five (55) dBA. For residential air conditioning or refrigeration systems or associated equipment installed after the effective date of this chapter, the exterior noise level when measured as provided in section 18-90.4 of this article shall not exceed fifty (50) dBA. (Ord. 1757, 8-18-2009)

18-90.8: WASTE AND GARBAGE COLLECTION EQUIPMENT:

Notwithstanding the provisions of section 18-90.3 of this article, the collection of waste or garbage from residential property by persons authorized to engage in such activity, and who are operating truck mounted loading or compacting equipment, shall not take place before six o'clock (6:00) A.M. or after seven o'clock (7:00) P.M. The noise level created by such activities when measured at a distance of fifty feet (50') in an open area shall not exceed the following standards:

A. Eighty five (85) dBA for equipment in use, purchased or leased prior to the effective date of this chapter;

B. Eighty (80) dBA for new equipment purchased or leased after the effective date of this chapter. (Ord. 1757, 8-18-2009)

18-90.9: ELECTRICAL SUBSTATIONS:

Notwithstanding the provisions of section 18-90.3 of this article, noise sources associated with the operation of electrical substations shall not exceed fifty (50) dBA when measured as provided in section 18-90.4 of this article. (Ord. 1757, 8-18-2009)

18-90.10: WARNING SIGNS IN PLACES OF PUBLIC ENTERTAINMENT:

It is unlawful for any person to operate or permit the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound for public entertainment within a building or structure wherein the noise level exceeds ninety five (95) dBA as determined by using the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating:

WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT.

(Ord. 1757, 8-18-2009)

18-90.11: PERMIT FOR RELIEF:

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 for recommendation to the city council. Any permit granted by the city council under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The city council may grant the relief as applied for if the council finds:

A. That additional time is necessary for the applicant to alter or modify his/her activity or operation to comply with this chapter; or

B. The activity, operation, or noise source will be of temporary duration. The noise source cannot be done in a manner that would comply with this chapter; and

C. That no other reasonable alternative is available to the applicant.

The city council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. (Ord. 1757, 8-18-2009)

18-90.12: VIOLATIONS:

A. Penalty: Each violation of the provisions of this article shall be deemed a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or both. Upon recommendation of the prosecuting attorney, the court may reduce the charged offense from misdemeanor to an infraction, punishable under section 1-9 of this code.

B. Prosecution: Violations of this article shall be prosecuted in the same manner as other misdemeanor violations of this code; provided, however, that in the event of violation, a written notice of intention to prosecute will be given to the alleged violator not less than five (5) calendar days prior to the issuance of a misdemeanor complaint. No complaint shall be issued in the event the cause of violation is removed, the condition abated or fully corrected within the five (5) 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 the notice by registered or certified mail to the alleged violator at his/her last known address or at the place where the violation occurred, in which event the five (5) day period shall commence at the date of the day following the mailing of the notice. (Ord. 1757, 8- 18-2009)