It is hereby declared to be the policy of the city to minimize the exposure of citizens to the physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety and welfare. It is the express intent of the city council to control the level of noise in a manner which 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 96-0502A adopted 5/9/96)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
All terminology used in this division not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI), or its successor body.
A-weighted sound pressure level.
The sound pressure level in decibels as measured on a sound level using the A-weighting network. The level so read shall be designated db(A) or dbA.
Ambient (background) sound pressure level.
The all-encompassing sound associated with a given environment, being usually a composite of sounds from all sources excluding the alleged offensive sound, at the location and approximate time at which a comparison with the alleged offensive sound is to be made.
Chief of police.
The chief of police or his duly appointed representative.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration, or similar action excluding demolition, for or on public or private rights-of-way, structures, utilities, or similar property.
Decibel (dB).
A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter), denoted as Db.
Device.
Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Emergency vehicle.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Emergency work.
Any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an emergency.
Energy equivalent sound level (Leq).
The sound level corresponding to the average sound energy during a specified period of time. Its calculation involves the conversion of decibels (a logarithmic quantity) to corresponding intensities (a linear quantity), performing the average, and finally changing the average back to decibels.
Land use district.
Those classifications established by the city comprehensive zoning ordinance, i.e. residential shall mean all residential classifications; commercial/agricultural shall mean all commercial and/or agricultural classifications; and industrial shall mean all industrial classifications. Planned development districts, for the purpose of this division, shall be considered as residential, commercial, or industrial according to the primary use.
Motor vehicle.
Any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-bike, go-cart, dune buggy or racing vehicle.
Noise.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise disturbance.
Any unreasonable, loud, disturbing and unnecessary noise which is offensive to an adult person within the city, which noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.
Percentile sound pressure level.
(1) 
Unit percentile level.
The A-weighted pressure level that is exceeded one (1) percent of the time in a measurement period; it is denoted L1.
(2) 
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); it is denoted L10.
(3) 
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 (9) minutes in a ten-minute period); it is denoted L90.
Person.
Any individual, firm, association, partnership, corporation or any other entity, public or private.
Property boundary.
An imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension, which separates the real property owned by one or controlled by a governmental entity.
Public property.
Any real property or structures thereon which are owned or controlled by a governmental entity.
Public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.
Sound.
A temporal or spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that cause compression and rarefaction of that medium and which propagates at finite speed to distant points.
Sound level.
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter.
An instrument for the measurement of sound, including a microphone, amplifier, RMS detector and integrator, time averager, output meter and weighted networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calibrated and is of type II or better so specified in ANSI Publication S-4-1971 or its successor body.
Sound pressure level.
Expressed in decibels, twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
Stationary sound source.
Any device, fixed or movable, which is located or used on property other than a public right-of-way.
(Ordinance 96-0502A adopted 5/9/96)
Sound level measurement shall be made with a sound level meter, type II or better, using the A-weighting network in accordance and conforming with the noise measurement standards promulgated by the American National Standards Institute and testing procedures adopted by the police department.
(Ordinance 96-0502A adopted 5/9/96)
(a) 
It shall be a violation of this division for any person to operate or permit to be operated any stationary source or sources of sound which create or creates a unit percentile sound level (L1) greater than fifteen (15) dba above the ambient sound pressure level (L90) as set forth in the table below in any residential use zone, or creates a tenth percentile sound level (L10) or a ninetieth percentile sound level (L90) which exceeds the limits set forth in the table below for the receiving land use districts when measured at the property boundary. For the purpose of enforcing these provisions, a measurement period shall not be less than ten (10) minutes or more than thirty (30) minutes.
Limiting Sound Levels (in dbA)
Land Use District
Tenth Percentile
(L10)
Ambient Ninetieth Percentile (L90)
Residential
7:00 a.m. – 10:00 p.m.
65
55
10:00 p.m. – 7:00 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) 
When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive shall apply at the boundary and within the most restrictive land use category.
(Ordinance 96-0502A adopted 5/9/96)
The following sounds are hereby determined to be specific noises which can constitute a noise disturbance, and violations of this division are hereby defined:
(1) 
Radios, television sets, musical instruments and similar devices.
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, or repose of neighboring persons of ordinary sensibilities.
(2) 
Exterior loudspeakers.
Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted upon any vehicle in or upon any street, alley, sidewalk, park, place, public and/or private property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in such a manner as to violate the sound levels as listed above or which unreasonably disturbs or interferes with peace, comfort, and repose of neighboring persons of ordinary sensibilities, unless a permit of variance as outlined in section 8.06.010 below is first obtained.
(3) 
Construction work.
Operating or permitting to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto which exceed the sound level limits for an industrial land use as set forth above, measured on the property boundary of the receiving land use, or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary [sensibility] unless a permit of variance as outlined in section 8.06.010 below is first obtained.
(4) 
Power equipment.
Operating or permitting to be operated any power equipment in residential classifications outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day. Power equipment rated near five (5) horsepower or less shall not exceed a sound level of seventy-four (74) dbA at a distance of fifty (50) feet; power equipment rated more than five (5) horsepower shall not exceed a sound level of eighty-two (82) dbA at a distance of fifty (50) feet. Operating or permitting to be operated any power equipment in residential classifications outdoors which unreasonably disturbs or interferes with the peace, comfort and repose of neighboring persons of ordinary sensibilities.
(5) 
Enclosed places of public entertainment.
Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point that is normally occupied by the customer, maximum sound pressure levels of one hundred (100) dbA as read with the slow response on a sound level meter, unless a conspicuous and legible sign is posted near each public entrance stating: “WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.” This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in such a manner as to violate the sound levels as listed above.
(6) 
Refuse collection.
The collection of garbage, waste or refuse between the hours of 11:00 p.m. and 6:00 a.m. the following day in any area zoned residential, or within three [hundred] (300) feet of an area zoned residential unless a permit of variance as outlined in section 8.06.010 is first obtained.
(7) 
Emergency signaling devices.
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device for more than five (5) minutes during any consecutive 60-minute period or so as to violate the sound levels as listed above, except for those exemptions outlined in section 8.06.013.
(Ordinance 96-0502A adopted 5/9/96)
(a) 
Exhaust system modifications.
No person shall operate or cause to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tail pipe or resonator where the original vehicle design included a tail pipe and resonator. Such exhaust system shall be:
(1) 
Equipped with a muffler which is in good working order (free of damage to the baffles contained in the muffler) and in constant operation; and
(2) 
Not equipped with any cutout, bypass or similar device.
(b) 
Tires.
It is unlawful for any person to operate a motor vehicle in such 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, provided that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section.
(c) 
Off-highway motor vehicles.
No person shall operate or permit to be operated any motorized vehicle off a public right-of-way in such a manner as to exceed the sound levels as listed in section 8.06.005 at the receiving property boundary.
(d) 
Motor vehicle sound device.
It shall be unlawful for any person operating or controlling a motor vehicle in any location within the city to operate a radio, stereo receiver, compact disc player, cassette tape player or other similar device from the motor vehicle in such a manner that the volume is louder than is necessary for the convenient hearing of the occupants of the vehicle in which such device is operated. The operation of such device in such a manner as to be plainly audible at a distance of thirty (30) feet or in such a manner that the vibration accompanying the sound from the device can plainly be felt at a distance of thirty (30) feet from the vehicle shall be prima facie evidence of a violation of this section.
(e) 
Conflicting provisions.
The provisions of this section shall supersede any conflicting provisions contained in this article.
(f) 
Exceptions.
The provisions of this section shall not apply to:
(1) 
An authorized emergency vehicle as defined in this code;
(2) 
A motor vehicle used for business or political purposes, properly permitted, which in the normal course of business use soundmaking devices;
(3) 
Horns or other warning devices required by law; or
(4) 
Activities for which a permit of variance has been granted by the chief of police.
(Ordinance 96-0502A adopted 5/9/96)
Sound caused in the performance of emergency or public service work, including public utility operations, acting to protect the health, safety, or welfare of the community shall not be subject to the provisions of this division. Nothing in this section, however, shall be construed to permit law enforcement, ambulance, fire or other public service personnel to make excessive noise in the performance of their duties when such sound is clearly unnecessary.
(Ordinance 96-0502A adopted 5/9/96)
All public and private projects shall be subject to a review process by the chief of police in order to determine if such projects are likely to cause noise or vibration in violation of this division. The chief of police shall be authorized to make or require any investigations or studies which in his opinion are necessary to determine if compliance with this division can be achieved. The chief of police shall also have the authority to require noise attenuation measures in accordance with the finds of said investigations or studies for the purpose of determining compliance with this division.
(Ordinance 96-0502A adopted 5/9/96)
(a) 
The chief of police shall evaluate all applications for permits of variance from the requirements from this division and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as the chief of police may deem reasonable to achieve compliance with this provision of this division. 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 permit or variance, the chief of police shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area or impingement by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment, the general public interest and welfare.
(b) 
The chief of police is authorized to grant permits for relief of any provision in this article on the basis of undue hardship in cases where:
(1) 
The sound source will be of short duration and the activity cannot be conducted in a manner as to comply with this article.
(2) 
Additional time is necessary for the applicant to alter or modify their activity or operation to comply with this article.
(3) 
No reasonable alternative is available to the applicant.
(4) 
An automatic variance will be granted for the purpose of conducting parades or other public event provided that any noise disturbance created by such activity will be abated when such request is made by a city official authorized to enforce this article.
(Ordinance 96-0502A adopted 5/9/96)
The chief of police shall have primary enforcement responsibility for the provisions of this division. The chief of police may, in exigent circumstances, designate the building inspector, code enforcement officer, or fire marshal to assist in the enforcement of this division. The chief of police shall establish procedures for enforcement of the provisions of this division with the following as a minimum:
(1) 
Any sound level meter utilized shall meet the minimum requirements herein.
(2) 
Enforcement guidelines to include a notice to appear and/or a class C misdemeanor citation.
(3) 
Frequency of random checks and method of response to complaints.
(Ordinance 96-0502A adopted 5/9/96)
In order to implement and enforce this division, and for the general purpose of noise abatement and control, the duly appointed and authorized representative of the police department, under the direct supervision of the chief of police, 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 and/or stop any motor vehicle or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provisions of this division and issue a notice of violation, and/or abatement order, or class C misdemeanor citation.
(Ordinance 96-0502A adopted 5/9/96)
The provisions of this division shall not apply to:
(1) 
Motor vehicles operated on public or private property in compliance with applicable federal, state or city statutes and/or ordinances.
(2) 
Emergency vehicles operated in accordance with established procedures.
(3) 
Emergency work as defined herein.
(4) 
Construction in accordance with applicable ordinances.
(Ordinance 96-0502A adopted 5/9/96)
In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief for any and all violations of this division.
(Ordinance 96-0502A adopted 5/9/96)
The purpose of this division is to set uniform requirements on the use of sound amplification equipment, to secure persons of ordinary sensibilities from loud and unreasonable noise, and to prevent the use of sound amplification equipment that is a hazard or unreasonable to the inhabitants to the city.
(Ordinance 03-0206A, sec. 1, adopted 2/21/03)
Any person, firm or corporation violating any of the provisions or terms of this division shall, upon conviction, be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense.
(Ordinance 03-0206A, sec. 5, adopted 2/21/03)
A person commits an offense if, within the limits of the city, while operating a motor vehicle or as a passenger in any motor vehicle operated upon the public streets or while in a motor vehicle in a public place whether or not the vehicle is being operated, that person operates or plays a radio, CD player, tape playing device, or any other mechanical or electronic device in such a manner as to create sounds or vibrations from the production of such sounds that can be heard or felt by persons inside of another enclosed vehicle, residence, or business and the level or volume of such sounds or vibrations is unreasonable and offensive to persons of ordinary sensibilities.
(Ordinance 03-0206A, sec. 2, adopted 2/21/03)
A person commits an offense if he intentionally or knowingly makes loud and unreasonable noise in a public place or so near a private residence or another person so as to harass, annoy or harm a person of ordinary sensibilities.
(Ordinance 03-0206A, sec. 3, adopted 2/21/03)
The following shall be defenses to the offenses enumerated in the forgoing sections:
(1) 
The noise was generated from a device approved and licensed for use on city streets such as ice cream vendor bells, chimes or music;
(2) 
The noise was generated from a horn, belt, whistle or other approved traffic warning device; or
(3) 
The person was operating an authorized emergency vehicle.
(Ordinance 03-0206A, sec. 4, adopted 2/21/03)