It shall be the policy of the city to minimize exposure of citizens to the psychological and physiological harm of excessive noise and to protect, promote, and preserve the public peace, health, comfort, convenience, safety and welfare. It is the intent of the city to control noise in a manner that promotes commerce; protects the sleep and repose of citizens; promotes the use, value, and enjoyment of property; and preserves the quality of the environment.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-100)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All technical terminology not defined in this article shall be interpreted in conformance with applicable American National Standards Institute (ANSI) noise specifications.
A-weighted sound pressure level
means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dBA.
Ambient sound level
means the sound level of the all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources. It is also the A-weighted sound level exceeded ninety (90) percent of the time (L90), based on a measurement period that shall be neither less than ten (10) minutes nor more than thirty (30).
Chief
means the police chief for the city.
Decibel
means a logarithmic unit of measure used in describing the amplitude of sound, denoted as dB.
Device
means any mechanism that is intended to produce, or which actually produces, noise when operated or handled.
Emergency work
means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent danger.
Motor vehicle
means any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, minibike, go-cart, or racing vehicle.
Muffler
means any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a significant reduction in sound emission.
Noise
means any sound that is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings.
Percentile sound pressure level
means:
(1) 
Tenth percentile level: The A-weighted sound pressure level that is exceeded ten (10) percent of the time in any measurement period (such as the level that is exceeded for one (1) minute in a ten-minute period), denoted as L10.
(2) 
Ninetieth percentile level: The A-weighted sound pressure level that is exceeded ninety (90) percent of the time in any measurement period (such as the level that is exceeded for nine minutes in a ten-minute period), denoted as L90.
Person
means any individual, firm, association, partnership, corporation, or any other entity, public or private.
Property boundary
means an imaginary line at the ground surface and its vertical extension that separates the real property owned or occupied by one person from that owned or occupied by another person.
Sound
means a temporal or spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium and which propagates at finite speed to distant points.
Sound level
means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in ANSI. The sound pressure level of a sound expressed in decibels is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure of twenty (20) micropascals. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter
means an instrument, which includes a microphone, amplifier, RMS detector and integrator, time averager, output meter, and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calculated with an acoustical calibrator accurate to one (1) dB and is Type 1 or Type II as specified in ANSI S1.4-1971, or the latest approved revision thereof.
Use district
means those zoning districts established by the city zoning ordinance.
Vibration
means a temporal and spatial oscillation of displacement, velocity, or acceleration in a solid material.
Vibration perception threshold
means the minimum ground- or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-101)
Sound level measurements shall be made with a sound level meter, Type II or better, using the A-weighting network in accordance and conforming to the noise measurement standards promulgated by the American National Standards Institute.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-102)
(a) 
It shall be an offense for any person to operate or permit to be operated, on property he or she owns, occupies or otherwise has the right to control, any stationary sources of sound that create a tenth percentile level (L10) or a ninetieth percentile sound level (L90) that exceeds the limits set forth in the following table for the receiving land use districts when measured five (5) feet above the property boundary. For the purpose of this article, a measurement period shall not be less than ten (10) minutes nor more than sixty (60) minutes.
LIMITING SOUND LEVELS IN dBA
 
(L10)
(L90)
Residential
 
 
7:00 a.m - 10:00 p.m.
65
55
10:00 p.m. - 7:00 a.m.
60
50
Sunday: 7:00 a.m. - 9:00 a.m.
60
50
Commercial/Agricultural
 
 
7:00 a.m. - 10:00 p.m.
72
62
10:00 p.m. - 7:00 a.m.
67
57
Industrial
 
 
7:00 a.m. - 10:00 p.m.
85
75
10:00 p.m. - 7:00 a.m.
85
75
(b) 
It shall also be an offense for any person to operate or permit to be operated, on property he or she owns, occupies or otherwise has the right to control, if the noise standards above plus twenty (20) decibels are exceeded at any time in a measurement period. When a noise source can be identified and its noise measured in more than one (1) land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category.
(c) 
It shall also be an offense for any person to create any unreasonably loud, irritating, vexing or disturbing sound which causes distress, annoyance, discomfort or injury to or which interferes with the comfort or repose of any person of ordinary sensibilities in the vicinity of hearing thereof, or any sound which endangers the physical wellbeing of humans or animals, or any sound which endangers or injures persons or real property. For the purposes of this subsection, any noise which exceeds the limitations set forth in subsections (a) and (b) of this section is presumed to be unreasonable.
(d) 
It shall be an offense for any person to use or cause to be used or to permit to be used or operated, on property he or she owns, occupies or otherwise has the right to control, any device that creates vibration which is above the perception threshold of any individual at or beyond the property boundary of the source if on private property, or at fifty (50) feet from the source if on a public space or right-of-way, or that is perceptible within a business or residence the person causing or allowing the vibration has no right to occupy. For the purposes of this subsection, any noise which exceeds the limitations set forth in subsections (a) and (b) of this section is presumed to be unreasonable.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-103)
(a) 
Specific noises, including, but not limited to, the following, shall be prohibited subject to the provisions of section 8.04.004:
(1) 
Operating or permitting to be operated any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound in such a manner as to violate the sound levels as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(2) 
Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted upon any street, alley, sidewalk, park, place, or public property in such a manner as to violate the sound levels as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(3) 
The use of mechanical loudspeakers or sound amplifiers on trucks or other moving vehicles for the purpose of advertising any show, sale or display of merchandise in such a manner as to be offensive to the ordinary sensibilities of inhabitants of the city and as to interfere with the public peace and comfort or make the enjoyment of life or property uncomfortable.
(4) 
The playing of any radio, television, phonograph, stereo, drum, musical instrument or other similar devices in such an unreasonable manner, or at such an unreasonable volume, as to disturb the peace, quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, apartment, hotel, or other type of residence, or any place of business in the immediate vicinity thereof.
(5) 
Owning, keeping, possessing, or harboring any animal or fowl that, by frequent or habitual noise-making, violates the sound levels as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities. The provisions of this subsection shall apply to all public and private facilities, including any animal shelter or commercial kennel that holds or treats animals. Enforcement of this article with respect to unreasonable noises created by such animals is subject to the provisions of section 3.01.007 of this Code of Ordinances (Noisy animals).
(6) 
Noise from use-related loading or unloading operations that impact residential areas other than between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(7) 
Operating or permitting to be operated any equipment used in commercial construction, blasting, and repair, alteration, or demolition work on buildings, structures, streets, alleys, or appurtenances thereto that exceeds the sound level for an industrial use as set forth above, measured on the property line of the receiving land use, or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(8) 
Operating or permitting to be operated any power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day (or 9:00 a.m. on Sundays), or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(9) 
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense siren, alarm, whistle, or similar stationary emergency signaling device for more than five (5) minutes during any consecutive sixty-minute period or so as to violate the sound levels as listed above except for those exemptions outlined herein.
(10) 
The blowing of any steam whistle attached to any stationary boiler with an unreasonable frequency and at an unreasonable volume, except to give notice of the time to begin or stop work or as a warning of danger.
(11) 
The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine or motorboat engine, except through a muffler or other device which will effectively and efficiently prevent unreasonably loud noises.
(12) 
The discharge into the open air of the exhaust from any motor vehicle except through a muffler, or other device, which will effectively and efficiently prevent unreasonably loud noises.
(13) 
The use of any mechanical device operated by compressed air, unless the noise to be created thereby has been effectively muffled and reduced.
(14) 
The erection, including excavation, demolition, alteration, or repair, of any building in or adjacent to a residential area other than between the hours of 7:00 a.m. and 10:00 p.m. (9:00 a.m. on Sundays), except in the case of urgent necessity in the interest of public safety.
(15) 
The creation of unreasonably loud, disturbing and unnecessary noise on any street adjacent to any school or other institute of learning, place of religious worship, or court which is in session, or adjacent to any hospital or nursing home.
(16) 
The shouting and crying of peddlers, hawkers, and vendors at a level that violates the sound levels as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(17) 
The use of any drum, or other instrument, or sound-amplifying equipment for the purpose of attracting attention, by the creation of noise, to any performance, show, or sale or display of merchandise or to attract customers to any place of business or transmitting music to any person or persons or assemblages of persons in such a manner as to be offensive to the ordinary sensibilities of inhabitants of the city and as to interfere with the public peace and comfort or make the enjoyment of life or property uncomfortable.
(18) 
The mechanical cleaning or sweeping of paved areas so as to violate the sound levels as listed above, except for those exemptions outlined herein.
(19) 
Relating to the use or operation of motor vehicles: The use of any automobile, motorcycle, streetcar, bus, or vehicle so out of repair, or so loaded, that emits or makes loud and raucous noise; operating or causing to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe and resonator where the original vehicle design included a tailpipe and resonator; operating a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; the sounding of any horn or signal device on any motor vehicle, except as a danger signal, as required by law; or operating or causing to be operated any motor vehicle so as to violate the sound levels for the receiving land use as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(20) 
The operation of any radio, tape player, cassette player, compact disc player, digital video disc player or any machine or device for reproducing sound from or near a motor vehicle, other than an authorized emergency vehicle, in such a manner that the sound can be heard at a radius distance of fifty (50) feet or more from the vehicle, or, when operated, causes a person to be aware of the vibration accompanying the sound at a distance of fifty (50) feet from the source. In the prosecution of an offense under this section, it shall be presumed that the following persons are causing, permitting or allowing the operation of the sound amplification system:
(A) 
Any operator or owner of the vehicle present at the time of the offense;
(B) 
An owner or tenant of the property present at the time of the offense; and
(C) 
An absent owner or tenant who has not taken reasonable and prudent steps to prevent violations of this article on the property upon which the violation occurred.
(21) 
No vehicle shall be equipped with, and no person shall use upon a vehicle, any bell, siren or compression or exhaust whistle, except that vehicles operated in the performance of duty by law enforcement officers, the fire department and ambulances may attach and use a bell, siren or compression or exhaust whistle.
(b) 
For the purposes of this section, any noise which exceeds the limitations set forth in section 8.04.004(a) and (b) is presumed to be unreasonable.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-104)
The city’s police department shall have primary responsibility for the provisions of this article.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-105)
The chief or his/her designee shall evaluate all applications for permits of variance from the requirements of this article and may grant such variances with respect to time for compliance, subject to such terms, conditions, and requirements as the chief may deem reasonable to achieve compliance with provisions of this article. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. In determining the reasonableness of the terms of a proposed variance or permit, the chief shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to the study, design, financing, and construction of remedial work; the economic factors related to age and useful life of the equipment; and the general public interest and welfare.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-106)
In order to implement and enforce this article, and for the general purpose of noise and vibration abatement and control, the duly appointed and authorized representative of the police department, under the direct supervision of the chief, shall have the power to make necessary inspections and tests with proper authorization or permission from the owner on any private or public property or place reasonably suspected of violating any provision of this article.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-107)
It shall be a defense to the prosecution of any offense under this article if the noise or the activity complained of is as follows:
(1) 
The operation of properly maintained residential-type heating, ventilating, and/or air conditioning devices (if within sound levels specified by the manufacturer or similar to sound levels produced by equivalent, adjacent devices).
(2) 
Sound caused in the performance of emergency or public service work including law enforcement, fire, emergency medical services and public utility operations, acting to protect the health, safety, or welfare of the community.
(3) 
The unamplified human voice in the normal course of residential activities, such as children playing, etc.
(4) 
Railway locomotives and cars.
(5) 
Aircraft operations.
(6) 
The use of bells or chimes in conjunction with places of religious worship.
(7) 
Sounding or permitting the sounding of any fire, burglar or civil defense alarm, siren, whistle or similar stationary or emergency signaling device for the purpose of alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, or for testing.
(8) 
Occasional outdoor gatherings, public dances, parades, shows, and sporting and entertainment events, provided that the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events.
(9) 
The use of lawn maintenance equipment between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(10) 
Repair of a personal use vehicle between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(11) 
Home repair of a place of residence between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(12) 
Loading and unloading operations that impact residential areas, between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-108)
If a person engages in conduct that would otherwise violate this article but consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions, the person must be ordered to move, disperse or otherwise remedy the violation prior to arrest or citation. Said order may be given by a peace officer, a firefighter, or a person with authority to control the use of the premises.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-109)
Any private citizen may enforce compliance with this article by filing a complaint in the municipal court of the city, prosecution of which will be at the sole discretion of the city attorney’s office. Any person, firm, company, partnership, corporation or association violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009, and each and every day’s continuance of any violation of this article shall constitute and be deemed a separate offense.
(Ordinance 2016-043, sec. 1, adopted 12/12/16; 1988 Code, sec. 21-110; Ordinance adopting 2021 Code)