Chapter 9.05
NOISE
Sections:
9.05.010 Declaration of policy.
9.05.030 Property noise limits.
9.05.050 Exceptions – Noise permits.
9.05.060 Standards – Criteria.
9.05.090 Violations – Penalties.
9.05.110 Violations – Additional remedies – Injunction.
9.05.010 Declaration of policy.
It is declared to be the policy of the city, in the exercise of its power, to prohibit unnecessary, excessive and annoying noise levels from all sources. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. It is the purpose of this chapter to prescribe standards for and to prohibit such unacceptable noises and to provide an effective and readily available remedy for violations of this chapter. The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisances, nor any other civil or criminal remedies otherwise available. (Ord. 201, 2009)
9.05.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, certain words and phrases used herein are defined as follows:
A. Ambient, Local. “Local ambient” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. The ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which comparison is to be made.
B. “Emergency work” means essential activities necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger or work by private or public utilities when restoring service.
C. Noise Level Measurement. For the purpose of enforcement of the provisions of this chapter, noise levels shall be at the discretion of the responding officer. (Ord. 201, 2009)
9.05.030 Property noise limits.
A. No person shall produce, suffer or allow to be produced by any machine, or device or any combination of the same a noise level above the local ambient between the hours of 10:00 p.m. and 6:00 a.m.
B. Sound performances and special events shall be at the discretion of the responding officer.
C. Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent.
D. Vehicle repair in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
E. The playing or operating of any radio, or other musical device or instrument in a manner that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates.
F. Disturbing or unreasonably loud shouting, screaming, profanity, wailing or other vocalizations that are disturbing or unreasonably loud to a reasonable person outside the facility or unit form which the noise emanates. (Ord. 201, 2009)
9.05.040 Exceptions.
A. Emergency Vehicles. Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
B. The noon whistle and chimes from places of worship;
C. Outdoor Gatherings and Entertainments. Provisions of this chapter shall not apply to occasional outdoor gatherings, public or private dances, shows and sporting and entertainment events, with 50 or more in attendance, with issuance of a noise permit. (Ord. 201, 2009)
9.05.050 Exceptions – Noise permits.
Where the applicant can show that notwithstanding the application of all available noise abatement techniques, immediate compliance with the requirements of this chapter would be impractical or unreasonable, a conditional and/or limited noise permit may be granted an applicant, exceeding the particular project or activity from provisions of this chapter for a limited period, not to exceed six months, subject to renewal upon a further showing of good cause conditioned by a schedule for compliance and details of methods therefor in appropriate cases. The city clerk’s office with approval from the chief of police shall issue said permit.
A. The city clerk and/or the chief of police is empowered to deny any such permit application.
B. The city clerk and/or the chief of police is empowered to approve an application subject to such conditions or limitations it deems advisable, taking into consideration the purpose and intent of this chapter. (Ord. 201, 2009)
9.05.060 Standards – Criteria.
The standards which shall be considered in determining whether a violation of the provisions of EMC 9.05.010 through 9.05.050 exists shall include, but not limited to, the following sources:
A. The frequency of the noise;
B. The intensity of the noise;
C. Whether the nature of the noise is usual or unusual;
D. Whether the origin of the noise is natural or unnatural;
E. The proximity of the noise to residential sleeping facilities;
F. The zoning of the area within which noise emanates;
G. The time of day or night the noise occurs;
H. The duration of the noise;
I. Whether the noise is produced by commercial or noncommercial activity. (Ord. 201, 2009)
9.05.070 Appeal.
Any person aggrieved by the decision of any individual or officer empowered to administer the provisions of this chapter shall have the right to appeal the decision of any such officer to the city council, by filing with the city clerk a verified, written appeal no later than 10 days after decision has been rendered. (Ord. 201, 2009)
9.05.080 Enforcement.
The chief of police and/or his assigned officer shall have the duty of enforcing the provisions of this chapter, and such department are empowered to issue citations for violations. (Ord. 201, 2009)
9.05.090 Violations – Penalties.
A person violating any provisions of this chapter shall be deemed guilty of an infraction and shall be subject to the penalties provided by this code for infractions.
Each hour a violation is committed or permitted to continue shall constitute a separate offense. (Ord. 201, 2009)
9.05.110 Violations – Additional remedies – Injunction.
As an additional remedy, the operation or maintenance of any machine, animal or device, or any combination of the same, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction. (Ord. 201, 2009)