Chapter 8.09
NOISE CONTROL
Sections:
8.09.030 Prohibited acts and conditions.
8.09.010 General provisions.
A. Policy. Whereas excessive sound and vibration are a serious hazard to public health and welfare and the quality of life, whereas a substantial body of science and technology exists by which excessive sound and vibration may be significantly abated, and whereas the people of the City have a right to an environment free from excessive sound and vibration that may jeopardize their health and welfare or degrade the quality of life, it is therefore the policy of the City to prevent excessive noise that may jeopardize the health or welfare of its citizens or degrade the quality of life.
B. Exceptions. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of any emergency or the emission of sound in the performance of emergency work, including work performed by public utility companies to restore service, nor do they apply to the emission of sounds caused by snow removal equipment either on or off public rights-of-way.
C. Responsibility for Violations Involving Motor Vehicle. It shall be a rebuttable presumption that the owner of a motor vehicle that violates or exceeds any provision of this chapter has caused or permitted the operation or driving of that motor vehicle. (Ord. 12-02 § 4, 2012)
8.09.020 Definitions.
A. “Amplified sound” means the operation or playing of any radio, television, DVD, cassette player, compact disk, boom box, phonograph, drum, other musical instruments, sound amplifier or similar device that produces, reproduces or amplifies sound, including music.
B. “Construction” means site preparation, assembly, erection, drilling, substantial repair, alteration, demolition, or similar action or activity for or on: public or private rights-of-way; structures; utilities; or similar property. For the purposes of this chapter, off-site fabrication and/or manufacture of materials used in construction including but not limited to modular housing fabrication, asphalt or concrete operations, sand/gravel extraction and truss manufacture are not construction.
C. “Contiguous” means sharing a common boundary or edge.
D. “Continuous sound” means any sound with a duration of more than one second.
E. “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
F. “Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
G. “Impulsive sound” means sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay, examples of which include explosions, drop forge impacts and the discharge of firearms.
H. “Noise” means any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans.
I. “Noise disturbance” means any sound that endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.
J. “Residential area” means any parcel of land zoned as residential district.
K. “Quiet hours” means the time of day where unreasonable sound that either annoys, injures, interferes with or endangers the comfort, repose, health or safety of an entire community or neighborhood must be avoided. (Ord. 12-02 § 4, 2012)
8.09.030 Prohibited acts and conditions.
A. No person shall unreasonably make, continue or cause to be made or continued any noise disturbance.
B. The following acts and conditions and the causing thereof are declared to be in violation of this chapter:
1. Construction. No person, unless issued a permit by the City and meeting all conditions of the permit, shall engage in construction or cause or allow construction so that the sound creates a noise disturbance across a residential real property boundary between the hours of 10:00 p.m. and 7:00 a.m. The restrictions of this subsection do not apply to emergency work of public service utilities.
2. Noncommercial Use of Power Tools. No person shall operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower or similar device in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
3. Emergency Signaling Devices. No person shall intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device except for emergency purposes or for testing as provided in this subsection. Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed but not before 7:00 a.m. or after 10:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed 60 seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month or before 7:00 a.m. or after 10:00 p.m. unless otherwise specifically required by statute or ordinance. The 60-second time limit specified in this subsection shall not apply to such complete system testing. No person shall sound or permit the sound of any exterior burglar alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within 10 minutes of activation.
4. Explosives, Firearms, Fireworks and Similar Devices. No person shall use or fire explosives, firearms, fireworks or similar devices that create impulsive sound so as to create a noise disturbance across a real property boundary or on a public right-of-way before 7:00 a.m. or after 10:00 p.m. except:
a. As otherwise allowed by the terms of a permit issued to the owner or operator of a shooting range or user of explosives.
b. As specifically authorized by a fireworks display permit issued in accordance with HMC 8.05.050.
c. That unless otherwise prohibited, fireworks shall also be allowed annually without permit on private property with permission of the property owner from 7:00 a.m. until 1:00 a.m. Alaska Standard Time the following day during a period 3 days before and after January 1st and July 4th.
d. Licensed game-hunting activities are allowed on property where such activities are authorized by law.
5. Loading and Unloading. No person shall load, unload, open, close or otherwise handle boxes, crates, containers, building materials, refuse containers including garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary.
6. Loudspeakers and Public Address Systems. No person shall use or operate for any purpose any loudspeaker, public address system or similar device so that the sound therefrom creates a noise disturbance across a residential real property boundary unless a permit has been issued by the and all conditions of the permit are met.
7. Operation of Motor Powered Equipment, Including, but Not Limited to, Motor Vehicles, Motorboats, Aircraft, Lawn and Garden Equipment and All Terrain Vehicles (ATVs). No person shall repair, rebuild, modify, accelerate or test any motorized equipment or any auxiliary equipment attached to such motorized equipment (such as, but not limited to, generators, auxiliary power units and automobile horns), in such a manner as to cause a noise disturbance across a residential real property boundary before 7:00 a.m. or after 10:00 p.m. unless issued a permit by the City and meeting all conditions of the permit.
8. Places of Public Entertainment. No person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound in any place of public entertainment in such a manner as to cause a noise disturbance across a residential real property boundary before 7:00 a.m. or after 10:00 p.m. unless issued a permit by the City and meeting all conditions of the permit.
9. Radios, Televisions, Musical Instruments and Similar Devices. No person shall operate, play or permit the operation or playing of any radio, television, phonograph, DVD, cassette player, compact disk, boom box, drum, other musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound:
a. In such a manner as to create a noise disturbance across a real property boundary except for activities open to the public and for which a permit has been issued by the City and all conditions of the permit are met;
b. In such a manner as to create a noise disturbance at 50 feet (15 meters) from such device when operated in or from a motor vehicle on a public right-of-way or in a public area or on a boat on public waters; or
c. In such a manner as to create a noise disturbance to any person other than the operator of the device when operated on a common carrier by any passenger.
10. Vibration. No person shall operate or cause the operation of any device that produces low-frequency, audible or inaudible, sound that creates vibration above the vibration perception threshold of an individual across an adjacent residential real property boundary.
C. Weekend and Holiday Quiet Hours Exception. On Fridays and Saturdays and when the following day is a recognized federal holiday, the normal “quiet hours” of 10:00 p.m. until 7:00 a.m. stated elsewhere in this chapter are modified and shall be observed from 12:00 a.m. until 7:00 a.m. the following morning. (Ord. 12-02 § 4, 2012)
8.09.040 Noise permits.
A. Generally. The City shall have the authority consistent with this chapter to grant permits for sound emissions that may be requested pertaining to construction, explosives, firearms, fireworks and similar devices, public events, and motor powered equipment.
B. Application. Any person seeking a noise permit shall file a written application with the City containing specific information that demonstrates that bringing into compliance with this chapter the source of sound or activity for which the permit or variance is sought would constitute an unreasonable hardship on the applicant, the community or other persons.
1. Any person seeking a noise permit shall file an application with the City Clerk at least one business day prior to the intended commencement of the noise for which the permit is requested.
2. Criteria for Approval. In determining whether to grant or deny an application for a permit, the Mayor shall balance the hardship to the applicant, the community and other persons of not granting the permit against the adverse impact on health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the permit.
a. If the Mayor determines that the activity for which a permit has been applied has substantial potential for adverse impact to the public, a public hearing may be scheduled and applicants may be required to distribute, or pay for the distribution of, written information regarding the nature and timing of the activity addressed in the application to those likely to be affected by the granting of a permit.
b. An applicant for a permit and persons contesting the granting of a permit may be required to submit any other information the City may reasonably require; and in granting or denying an application, the Mayor shall keep on public file a copy of the decision. In the event that a permit application is denied, written justification for denial shall be kept on public file. No permit shall be granted for any source of sound or activity that violates or would violate any provision of federal or state law or any provision of any other chapter of this title or this code.
c. Appeal Rights. In the event the permit application is denied, the applicant may submit a written appeal through the City Clerk to the City Council, but must refrain from the proposed sound generating activity until a permit is granted. The Council’s decision is final. However, the Council decision may be appealed within 30 days to superior court of the third judicial district in Palmer, in accordance with the Alaska Rules of Appellate Procedure. (Ord. 12-02 § 4, 2012)
8.09.050 Penalty.
A. The City may seek any or all of the following remedies:
1. Enjoin or abate a violation of this chapter.
2. Recover the costs of abatement.
3. Recover damages suffered because of the violation.
4. Recover a fine of $50.00 for each day in violation, including for days in which the violation continues or is not abated after an enforcement order is issued.
5. Assess double the amount of fine, penalty, costs and damages for a second or subsequent offense committed by the same person within one year of service of an enforcement order, even if the offense occurs on a different property parcel.
B. The City shall keep an account of the cost, including incidental expenses, incurred in the abatement of any violation of this section. A bill for collection shall be forwarded to the violator specifying the nature and costs of the work performed. For purposes of this section, the term “incidental expenses” shall include but not be limited to the actual expenses and costs to the City in the preparation of the notices, specifications, contracts, work inspection, and interest from date of completion at the rate prescribed by law for delinquent real property taxes.
C. The remedies provided in this section are not exclusive, but are cumulative of all other remedies available at law or in equity. (Ord. 12-02 § 4, 2012)
8.09.060 Appeal rights.
A person determined liable for fees for excessive noise under this chapter may, within 30 days of receiving a notice of imposition of fees, apply for a hearing on the determination. The application shall be in writing and filed with the City Clerk. The hearing shall be held within 15 days of receiving a timely application before the Mayor or his or her designee. The hearing shall be limited to the issue of whether the person is liable for each fee imposed under this chapter. Within 30 days of the written decision of the hearing officer, a person aggrieved by the decision may appeal to the City Council, whose decision is final. However, the council decision may be appealed within 30 days to superior court of the third judicial district in Palmer, in accordance with the Alaska Rules of Appellate Procedure. (Ord. 12-02 § 4, 2012)