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Sec. 10-51. - Prohibited; unnecessary noise standard.#
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive, namely: (1)
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
(2)
Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is voluntarily listening thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
(3)
Loudspeakers, amplifiers for advertising. The using, operating or permitting to he played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
(4)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity;
(5)
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;
(6)
Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon the request of proper city authorities;
(7)
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(8)
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such condition as to create loud and unnecessary grating, grinding, rattling or other noise;
(9)
Loading, unloading, deliveries, opening boxes. The creation of an unlawful noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 6:00 p.m. and 7:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(10)
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may he renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;
(11)
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the school, institution of learning, church or court are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;
(12)
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;
(13)
Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;
(14)
Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel, or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places;
(15)
Street railway cars, operation thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of a street railway car;
(16)
Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;
(17)
Blowers. The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise, except for so-called snow blowers or throwers or internal combustion engines when in use removing snow.
(Rev. Ords. 1987, § 10-51; Ch. 336, § I, 3-1-05; Ch. 671, § I, 6-6-17)
Sec. 10-52. - Musical instruments, etc.; playing so as to disturb the peace.#
It shall be unlawful for any person to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound, including but not limited to any stereo, radio, musical instrument or other noise making device for the producing or reproducing of sound within a motor vehicle, with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntarily listeners thereto or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants; provided, that nothing contained in this article shall prohibit playing by a band or orchestra in a hall, building or in the open air.
(Rev. Ords. 1987, § 10-52)
Sec. 10-53. - Decibel provisions.#
(a)
Definitions. For the purpose of this section, certain words and phrases used in this chapter are defined as follows:
A band level is the total sound level of all noise as measured with a sound level meter using the A weighing network. The unit of measurement is the dB(A).
Ambient noise is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.
Band pressure level of sound for a specified frequency band is the sound pressure level for the sound contained within the restricted band. The reference pressure must be specified.
Bel is a unit of level when the base of logarithm is ten. Use of the bel is restricted to levels of quantities proportional to power.
Cycle is the complete sequence of values of a periodic quantity that occur during a period.
Decibel is 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 is 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.
Frequency of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit and must be specified.
Microbar is a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
Period of a periodic quantity is the smallest increment of time for which the function repeats itself.
Periodic quantity is an oscillating quantity, the values of which recur for equal increments of time.
Person is any person or a person's firm, association, copartnership, joint venture, corporation or any entity public or private in nature.
Sound analyzer is a device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.
Sound-level meter is an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner.
Sound pressure level in decibels of sound, is 20 times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated.
Spectrum is a function of time and is a description of its resolution into components, each of different frequency and usually of different amplitude and phase. It is also used to signify continuous range of components each of different frequency and usually of different amplitude and phase, and it is also used to signify continuous range of components usually wide in extent within which waves have some specified characteristics such as audio-frequency spectrum. It is also applied to functions of variables other than time.
All technical definitions are in accordance with American Standards S1.1-1960 entitled Acoustical Terminology.
(b)
General provision: Tests for unlawful noise. The standards which shall be considered in determining whether a violation of section 10-51 exists shall include, but shall not be limited to, the following:
(1)
The volume of the 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.
(c)
Classification of use districts: Residential, manufacturing, commercial. It is unlawful to directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within and/or projected into the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.
(1)
Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected.
(2)
Measurement of noise:
a.
The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. 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 noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.
b.
The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude or any intermittent or repeated action including but not limited to loading and machinery operation has not exceeded the limiting noise spectra set forth in Table 1.
c.
The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate five feet above ground.
d.
In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.
_____ (3)
The limits referred to in this section shall be in accordance with Table I:
Table I
Zoning District Noise Standards
Maximum Allowable Octave Band Sound Pressure Levels Residential Residential
Industrial
Octave Band
Center
Frequency of
All Measurement
(HZ) Daytime All
Other
Times Daytime All
Other
Times Business
Any Time Industrial
Any Time
31.5 76 68 79 72 79 83
63 75 67 78 71 78 83
125 69 61 73 65 73 77
250 62 52 68 57 68 73
500 56 46 62 51 62 67
1000 50 40 56 45 56 61
2000 45 33 51 39 51 57
4000 40 28 47 34 47 53
8000 38 26 44 32 44 50
Single number
equivalent 60 dB(A) 50 dB(A) 65 dB(A) 55 dB(A) 65 dB(A) 70 dB(A)
(4)
If the noise is not smooth and continuous, one or more of the corrections in Table II shall be added to or subtracted from each of the decibel levels given in Table I of subsection (c)(3) of this section.
Table II
Type of Operation in Character Noise source operated less than 20 percent of any one-hour period; plus 5 dB(A)
Noise source operated less than 5 percent of any one-hour period; plus 10 dB(A)
Noise source operated less than one percent of any one-hour period; plus 15 dB(A)
Noise of impulsive character (hammering, etc.); minus 5
Noise of periodic character (hum, screech, etc.); minus 5.
(5)
If the noise occurs between the hours of 10:00 p.m. and 7:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in Table I.
(d)
Motorized vehicles. It shall be unlawful to operate a motorized vehicle within the city limits which creates a noise or sound that exceeds the noise level limits set out in Table III:
Table III
Limiting Noise Levels for Motor Vehicles
Trucks and Buses:
Over 10,000 pounds: 87 dB(A) measured at 50-feet maximum allowable limit
93 dB(A) measured at 25-feet maximum allowable limit
Under 10,000 pounds: 80 dB(A) measured at 50-feet maximum allowable limit
86 dB(A) measured at 25-feet maximum allowable limit
Passenger cars: 78 dB(A) measured at 50-feet maximum allowable limit
84 dB(A) measured at 25-feet maximum allowable limit
Motorcycles, including other vehicles: 87 dB(A) measured at 50-feet maximum allowable limit
93 dB(A) measured at 25-feet maximum allowable limit
(e)
Measurement of noise. The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. 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 noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.
(f)
Enclosed places of public entertainment.
(1)
It shall be unlawful to sustain in any enclosed place of public entertainment including but not limited to a restaurant, bar, cafe, discotheque, dancehall, any amplitude equal to or in excess of 95 dB(A) sustained for more than 30 seconds.
(2)
Such sound or noise is to be measured by a sound level meter approved by the American Standards Association from any area to which the public is invited within any enclosed place of public entertainment.
(g)
Aircraft noises. It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 87 dB(A) within the city.
(h)
Exemptions. 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 subsection (a) of this section;
(4)
Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the city in accordance with subsection (i) of this section;
(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 subsection (g) of this section as well as the other regulations of this section. 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 subsection (g) of this section as well as the other regulations of this section.
(i)
Application for special permit. Applications for a permit for relief from the noise level designated in this article on the basis of undue hardship may be made to the city council or its duly authorized representative. Any permit granted by the city council hereunder shall contain all conditions upon which such permit has been granted and shall specify a reasonable time that the permit shall be effective. The city council or its duly authorized representative may grant the relief as applied for if it finds:
(1)
That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or
(2)
The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
(3)
That no other reasonable alternative is available to the applicant.
The city council may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(Rev. Ords. 1987, § 10-53; Ch. 671, §§ II, III, 6-6-17)
Sec. 10-54. - Declaration of policy.#
It is hereby declared to be the policy of the city to prohibit unreasonable, excessive and annoying noise levels from all sources subject to its police power. At certain levels, low frequency sound (between 100—20 cps) when substantially amplified, often referred to as sub-woofer frequency, can be extremely penetrating, disturbing and poses a danger to the health and safety of the individual using equipment creating the sound, and to other individuals in the immediate area from which the sound is being generated. The noise being generated may originate from radios, CD players, DVD players, tape players, televisions and other audio-producing equipment.
(Ch. 289, § I, 11-4-03)
Sec. 10-54.1. - Violations of acceptable noise levels.#
It shall be unlawful for any person to operate any equipment as set forth in section 10-54 from which the sound created by this equipment is capable of penetrating a closed vehicle from 20 feet away from the location at which the sound is being generated, or heard from 100 feet away by a person outside from which the sound is originating. This section shall include, but not be limited to, sound electronically generated by autos, trucks, motor homes, houses, apartment buildings, condominiums, commercial buildings, or from any type of portable sound producing equipment that can be carried or placed outdoors which through its operation exceeds the provisions of this chapter. All state and municipal vehicles shall be exempt from the provisions of this chapter, or any person, firm, corporation or other legal entity which holds a valid state or municipal entertainment license to sponsor a parade, carnival or other similar special event.
(Ch. 289, § I, 11-4-03)
Editor's note— Ch. 289, § I, adopted Nov. 4, 2003, amended the Code with the addition of new sections 10-55, 10-56. In order to avoid duplication of section numbers, the provisions of said chapter have been included herein as sections 10-54.1, 10-54.2 at the discretion of the editor.
Sec. 10-54.2. - Penalties.#
Any person who violates the provisions of this chapter shall, upon conviction, be subject to a fine in the amount of $100.00 for a first offense, $200.00 for a second offense, and $300.00 for the third and any subsequent offense.
(Ch. 289, § I, 11-4-03)
Editor's note— See Editor's note following section 10-54.1.