CHAPTER 58

NOISE CONTROL

58.01    STATEMENT OF PUBLIC POLICY. It is the declared policy of the City to promote an environment free from excessive noise which unnecessarily jeopardizes the health, welfare and quality of life of the residents of the community, without unduly prohibiting or limiting the function of certain noise-producing equipment which is not amenable to such controls and yet is essential to the economy and life of the community.

58.02    PURPOSE AND SCOPE. The purpose of this chapter is to establish standards for the control of noise pollution in the City by setting maximum permissible sound levels for various activities and to protect the public health, safety and general welfare. This chapter applies to the control of noise-producing activities and objects originating within the limits of the City or originating from properties lying outside the limits of the City owned or controlled by the City with a lease or other similar arrangement, except where either:

1. A State or Federal agency has adopted a different standard or rule from that prescribed within this chapter and has so preempted the regulation of noise from a particular source as to render this chapter inapplicable thereto; or

2. The Council has determined that, by reason of public acceptance of the activities producing a particular noise, such noise is deemed acceptable to the residents of this City.

58.03    NOISE DISTURBANCE PROHIBITED. No person shall make, continue or cause to be made or continued, except as permitted, any noise disturbance in excess of the limit for such noise established herein.

58.04    DEFINITIONS.

1. “A-rated sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level is designated “dB(A)” or “dBA.”

2. “Decibel (dB)” means a logarithmic and dimensionless unit of measure used in describing the amplitude of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (20 micronewtons per square meter).

3. “Motor vehicle” means any motor-operated vehicle licensed for use on the public highway.

4. “Noise disturbance” means any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities.

5. “Noise sensitive area” means area adjacent to a school, hospital, church, nursing home, or public library.

6. “Person” means any person, firm or corporation.

7. “Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property dimensions.

8. “Sound level” means 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 (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

9. “Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time-averager, output or display meter, and weighting networks used to measure and read sound pressure levels, which when properly calibrated, complies with American National Standards Institute standard 1.4-1971 or the latest approved revision thereof.

58.05    MEASUREMENT OF NOISE. Whenever a sound level meter is used pursuant to this chapter, the meter must be maintained in calibration and good working order. 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. The measurement shall be A weighted.

58.06    MAXIMUM ADMISSIBLE SOUND LEVEL BY RECEIVING LAND USE. With the exception of sound levels elsewhere specifically authorized or allowed in this chapter, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:

58.07    EXCEPTIONS. The provisions herein shall not apply to:

1. The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency, or the approved testing thereof.

2. The emission of sound in the performance of emergency work, including snow removal and maintenance of trees.

3. Rail and air transportation and public mass transportation vehicles.

4. Emergency vehicles such as fire trucks, ambulances, and police cars.

5. Construction and maintenance activities between seven o’clock (7:00) a.m. and ten o’clock (10:00) p.m. Maintenance activities shall be non-routine operations, temporary in nature, and conducted infrequently.

6. The emission of sound in fireworks displays licensed by the City.

7. Noncommercial public speaking activities, except those controlled by Sections 58.10 and 58.11.

8. Equipment used for public health and safety purposes.

9. Church or clock bells or chimes.

10. Parades or processions for which a parade permit has been issued, provided the conditions of a permit are complied with.

11. Motor vehicle radios, tape decks or players, or other standard equipment used and intended for the use and enjoyment of the occupants, provided the sound emitting therefrom is not audible for more than fifty (50) feet from the vehicle.

12. Amplified music used in a nonresidential district in conjunction with a civic or religious celebration.

13. Unamplified live music provided, sponsored, or funded, in whole or in part, by a government entity.

14. Mobile radio or telephone signaling devices.

15. Vehicle horns or similar devices when used to warn of possible danger.

16. Domestic tools including lawnmowers and snow blowers when used between the hours of seven o’clock (7:00) a.m. and nine o’clock (9:00) p.m.

17. Normal operation of air conditioning equipment.

58.08    VEHICLE OR MOTORBOAT REPAIRS AND TESTING. No person shall repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area.

58.09    MUSICAL INSTRUMENTS AND SIMILAR DEVICES. No person shall play any drum, musical instrument or similar device which produces sound in such a manner as to create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area.

58.10    REGULATIONS OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT.

1. Except for activities open to the public and for which a permit has been issued by the City under this section, no person shall so operate, play or permit the operation or playing of any radio, television, record player, tape deck or player, loudspeaker, amplifier, or sound truck, in such manner:

1. As to create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area.

2. As to create a noise disturbance fifty (50) feet from the device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters.

3. As to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.

2. No person shall use, operate, or cause to be used or operated any radio, television, record player, tape deck or player, loudspeaker, amplifier, sound truck or other device for producing, reproducing, or amplifying sounds, hereinafter referred to as “sound equipment,” upon the public streets or upon any premises, public or private, if the sound therefrom is plainly audible from any public street or public place within the City, unless the person:

1. First obtains a permit in accordance with this chapter; and

2. Complies with the conditions imposed by the permit, including the maximum permitted sound level shown therein; and

3. Complies with all other applicable provisions of this section.

58.11    COMMERCIAL ADVERTISING BY SOUND EQUIPMENT. No sound equipment shall be permitted to be used on public streets or public places, or in any building or upon any premises if the sound therefrom may be plainly audible from any public street or public place within the City, when any such use is for commercial advertising purposes or for the purpose of attracting the attention of the public to any building or structure for monetary gain.

58.12    PERMITS REQUIRED – GENERALLY. A separate permit shall be required for each type of activity described in Section 58.13 through 58.16. Permits shall be non-transferable and must be conspicuously displayed on or immediately adjacent to the sound equipment.

58.13    TYPE A PERMIT – GENERAL STANDARDS. A Type A permit may be issued for sound equipment emitting music or human speech registering not more than sixty (60) dB(A)’s when measured at the real property boundary of the private residence nearest the sound equipment and measuring not more than one hundred (100) dB(A)’s at a distance of fifty (50) feet from the sound equipment. Sound equipment permitted under a Type A permit may be used only in areas of the City zoned for nonresidential use and only between the hours of nine o’clock (9:00) a.m. and nine o’clock (9:00) p.m.

58.14    TYPE B PERMIT – SOUND TRUCKS. Sound trucks may be operated only under a Type B permit. A Type B permit may be issued for sound equipment mounted upon a motor vehicle and intended for use upon City streets provided that the sound equipment emits only music or human speech registering not more than eighty (80) dB(A)’s when measured at a distance of one hundred feet from the sound equipment. Sound equipment permitted under a Type B permit may be used only in nonresidential areas and only from nine o’clock (9:00) a.m. to nine o’clock (9:00) p.m.

58.15    TYPE C PERMIT – PARKS. A Type C permit may be used for sound equipment emitting music or human speech registering not more than sixty (60) dB(A)’s when measured at the real property boundary of the private residence nearest the sound equipment and registering not more than one hundred (100) dB(A)’s when measured at a distance of fifty (50) feet from the sound equipment. Sound equipment permitted under a Type C permit may be used only in public parks owned and operated by the City, or public grounds owned and operated by another government body, from ten o’clock (10:00) a.m. to eleven o’clock (11:00) p.m.

58.16    TYPE D PERMIT – PUBLIC OR PAROCHIAL SCHOOL GROUND. A Type D permit may be issued for sound equipment emitting music or human speech registering not more than sixty (60) dB(A)’s when measured at the real property boundary of the residence nearest the sound equipment and registering not more than one hundred (100) dB(A)’s when measured at a distance of fifty (50) feet from the sound equipment. Sound equipment permitted under a Type D permit may be used only on school grounds, or in conjunction with a school sponsored activity, from ten o’clock (10:00) a.m. to eleven o’clock (11:00) p.m. for events authorized and approved by the school authorities having jurisdiction of the grounds.

58.17    INFORMATION REQUIRED FOR PERMITS. Application for a permit shall be made in writing to the City Clerk, accompanied by the required permit fee and such information as the Clerk may require. If the application contains the required information and is accompanied by the required fee, the proposed use complies with the requirements of this chapter and the application has been approved by the Police Chief, the Clerk shall issue the appropriate permit.

58.18    FEES. Fees for sound equipment permits shall be as established by resolution of the Council.
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58.19    MOTORIZED VEHICLES.

1. It is unlawful to operate a motor vehicle within the City limits which creates a noise or sound which exceeds the noise level limits set out in this section. The noise level shall be measured at a point not less than four (4) feet from where the motor vehicle is in operation and applies to the total noise from a motor vehicle. Prescribed noise level limits adjusted according to the distance of measurement are as follows:

	Streets with Speed Limit of 35 Mph Or Less				Streets with Speed Limit of More Than 35 Mph
Category	(Distance From Vehicle)
	30'	16'	8'	4'	30'	16'	8'	4'
	Sound Level (dBA)
A. Any motor vehicle with a gross vehicle weight of 0 to 8,000 pounds, except motorcycles	71	77	83	89	77	83	89	95
B. Any bus	79	85	91	97	83	89	95	101
C. Any motor vehicle with 2 axles and a gross vehicle weight of 8,001 to 14,000 pounds except any motor vehicle subject to paragraph E	75	81	87	93	80	86	92	98
D. Any motor vehicle with 2 axles and a gross vehicle weight of 14,001 to 24,000 pounds except any diesel powered motor vehicle subject to paragraph E	79	85	91	97	83	89	95	101
E. Any motor vehicle with 3 or more axles, any motor vehicle with a gross vehicle weight of 24,000 pounds or more, any diesel powered motor vehicle with a gross vehicle weight in excess of 14,000 pounds, and any motor vehicle operated by an interstate motor carrier with a gross vehicle weight of 10,000 pounds or more	81	87	93	99	85	91	97	103
F. Any motorcycle	75	81	87	93	81	87	93	99

58.20    ADEQUATE MUFFLERS OR SOUND DISSIPATING DEVICES.

1. No person shall operate a motor vehicle which is not equipped with an effective noise suppressing system in good working order and in constant operation.

2. No person shall modify the exhaust system of a motor vehicle by installation of a muffler cut-out, bypass, or other similar device and no person shall operate a motor vehicle which has been so modified. A motor vehicle so operated shall be deemed equipped with a muffler which emits excessive and unusual noise and which is not in good working order.

58.21    SOUND VARIANCES.

1. Any person may file an application with the Clerk requesting a sound variance from the requirements of this chapter. The application must state facts which show that the applicant’s compliance with this chapter would constitute an unreasonable hardship on the applicant, the community, or on other persons.

2. In determining whether to grant the request for a variance, the City Noise Control Officer, who shall be designated by the City Manager, shall balance the hardship to the applicant, the community, and other persons if the variance is not granted, against any adverse impact on persons or property if the variance is granted.

3. The City Noise Control Officer may require the applicant for a variance to agree to one or more conditions before granting the request.

58.22    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances. Each and every day that a violation occurs or continues shall be deemed a separate offense.

58.23    ADDITIONAL REMEDIES. Any violation of the provisions of this chapter is deemed and declared to be a nuisance, and as such, may be subject to summary abatement by means of a restraining order or injunction issued by the District Court.

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