The text
A.
It is the policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power, as certain noise levels are detrimental to the health and welfare of individuals. Therefore, any individual or organization that creates, maintains, causes, or allows to be created, caused, or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this subsection, shall be considered to be creating a public nuisance and shall be punishable as such.
B.
Any sound level measurement made pursuant to the provisions of this subsection shall be measured with a sound level meter using the "A" weighting scale at slow response or at a fast response for impulsive sounds.
C.
Precise noise measurements shall be taken throughout the city at specified locations. These measurements shall be established as the ambient levels for the areas in which the measurements are taken. The ambient levels established by the precise measurements shall be published periodically and utilized for determinations of violations of this subsection.
D.
The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Interior noise measurements shall be made within the receptor dwelling unit, at a point at least four feet from the wall, ceiling, or floor nearest the noise source with windows and doors closed.
E.
No person shall, at any location within the city, create nor allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person, that causes the noise level when measured on any property to exceed the ambient noise level or the noise standards set forth in Table 19.19.160A, whichever is greater.
F.
Increases in permitted noise levels prescribed in Table 19.19.160A may be permitted in accordance with the standards outline in Table 19.19.160B.
Table 19.19.160A
Noise Standards Zone Time Allowable Noise Level - dbA
Residential 7 a.m. - 7 p.m. (day) 55
Residential 7 p.m. - 10 p.m. (evening) 50
Residential 10 p.m. - 7 a.m. (night) 45
Commercial 7 a.m. - 10 p.m. (day/evening) 65
Commercial 10 p.m. - 7 a.m. (night) 55
Industrial Anytime 70
Table 19.19.160B
Permitted Increases in Noise Levels Permitted Increase (dbA) Duration of Increase
(cumulative minutes/hour)
5 15
10 5
15 1
20 Less than one minute
G.
If the receptor property of a noise is located on the boundary between two different noise zones, the lower noise level standard applicable to the quieter zone shall apply.
H.
If a noise source is continuous and cannot be reasonably discontinued for sufficient time in which to determine the ambient noise level, the measured noise level obtained while the source is in operation shall be compared directly to the noise level standards in Table 19.19.160B.
I.
No person shall, at any location within the city, create any noise, nor shall any person allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person that causes the noise level when measured within any receptor dwelling unit to exceed the noise standards outlined in Table 19.19.160C.
Table 19.19.160C
Permitted Increases in Interior Noise Levels Allowable (dbA) Time (cumulative minutes per hour)
45 Anytime
+5 1 minute
10 Less than one minute
J.
In the event the ambient noise level exceeds the noise standards set forth in Table 19.19.160C, the levels in the allowable column shall be increased to reflect the actual ambient noise level.
K.
The following acts, or the causing thereof, are declared to be in violation of this subsection:
1.
No person shall, within any residential zone in the city, use or operate any radio receiving set, musical instrument, phonograph, tape player, compact disk player, television set, or other machine or device that produces, reproduces, or amplifies sound, between the hours of ten p.m. and seven a.m. such that it exceeds the exterior noise standards set forth in subsection L of this section.
2.
No person shall 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, that exceeds the interior noise standards set forth in subsection L of this section.
3.
No person or organization within any residential zone, or within a radius of five hundred feet of a residential zone, shall operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or operate any pile driver, steam shovel, pneumatic hammer, derrick, steam, electric hoist, or other construction type device between the hours of ten p.m. and seven a.m., unless a permit has been obtained from the city.
4.
No person within any residential zone shall repair, rebuild, or test any motor vehicle between the hours of ten p.m. and seven a.m. in a manner that exceeds the noise levels set forth in subsection L of this section.
5.
No person or organization shall use or operate for any noncommercial purpose any loudspeaker, public address system, or similar device between the hours of ten p.m. and seven a.m. in a manner that exceeds the noise levels set forth in subsection L of this section.
6.
No person or organization shall use or operate for any commercial purpose any loudspeaker, public address system, or similar device in a manner that creates noise in any residential zone in excess of the noise levels set forth in subsection L of this section.
7.
Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause noise in excess of the noise standards in any residential zone is unlawful.
L.
The city shall order an immediate halt to any sound that exposes any person to continuous sound levels in excess of those shown in Table 19.19.160D or Table 19.19.160E. Within ten working days following issuance of such an order, the community development director or his designee may apply to the appropriate court for an injunction to replace the order. No order shall be issued if the only persons exposed to sound levels in excess of those listed in Table 19.19.160D and Table 19.19.160E are exposed as a result of trespass; invitation upon private property by the person causing or permitting the sound; or employment by the person or a contractor of the person causing or permitting the sound.
Table 19.19.160D
Continuous Sound Levels
(Measured at 50 feet) Sound Level Limit (dbA) Duration
90 8 hours
95 4 hours
100 2 hours
105 1 hour
110 30 minutes
Table 19.19.160E
Impulsive Sound Levels
(Measured at 50 feet) Sound Level Limit (dbA) Number of Repetitions (per 24-hour period)
145 1
135 10
125 100
M.
Any person subject to an order pursuant to this section shall comply with such order until the sound is brought into compliance with the order, as determined by the noise control officer; or a judicial order has superseded the noise control officer order.
(Ord. 544 § 1(part), 2000).