Chapter 5-6 NOISE

Chapter 5-6
NOISE

SECTION:

5-6-1: PROHIBITED ACTS GENERALLY

5-6-2: PROHIBITED ACTS SPECIFICALLY

5-6-3: EXCEPTIONS

5-6-4: APPLICATION FOR SPECIAL PERMIT

5-6-5: PENALTY; INJUNCTIVE RELIEF

5-6-1 PROHIBITED ACTS GENERALLY:

It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusual loud noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. (Ord. 3-2002, 6-19-2002)

5-6-2 PROHIBITED ACTS SPECIFICALLY:

The following acts, among others, are declared to be loud, disturbing or unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:

A. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary or unreasonable period of time; and the use of any horn, whistle or other device operated by engine exhaust.

B. Radios, Phonographs, Stereos: The using, operating or permitting to be played, used or operated in residential areas any television, radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of ten o'clock (10:00)

P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at a distance of thirty feet (30') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

C. Loudspeakers, Amplifiers, Other Sound Devices: The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure without a permit or in violation of a permit issued pursuant to section 5-6-4 of this chapter.

D. Shouting, Whistling: Yelling, shouting, whistling or otherwise creating noise on the public streets, particularly between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel, or other type of residence.

E. Dogs: The keeping of any dog which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity, particularly between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

F. Exhaust: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises there from, particularly between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

G. Defect In Vehicle Or Load: The use of any truck, heavy equipment, automobile, motorcycle, other vehicle, which, due to lack of repair or improper loading, creates loud and unnecessary engine noise, grating, grinding, rattling or other noise, particularly between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

H. Loading And Unloading Of Trucks Or Other Vehicles: The creation of a loud or excessive noise in connection with loading or unloading any truck or other vehicle, or the opening and destruction of bales, boxes, crates and containers shall be prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

I. Construction, Excavation Or Repairing Of Buildings: Construction, excavation, or the erection, demolition, alteration or repair of any building shall be prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., local prevailing time, except in case of emergency or urgent necessity in the interest of public health and safety, and then only with permit from the city.

J. Heavy Equipment: The operation between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of any heavy equipment, pile driver, excavator, pneumatic hammer, derrick, hoist or other appliance, the use of which is usually attended by loud or unusual noise.

K. Power Lawn Mowers: The operation of any power mower, cultivator, or like or related device (except snow blowers) in an area zoned residential between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

L. Motor Vehicle Noise: The operation of any heavy equipment or truck with a rated capacity of one and one-half (1 1/2) tons or more, upon any residential street or in any area zoned residential between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 3-2002, 6-19-2002)

M. Engine Brakes: The use of engine brakes shall be prohibited within the limits of the city. (Ord. 3-2005, 10-19-2005)

5-6-3 EXCEPTIONS:

The following uses and activities shall be exempt from noise level regulations:

A. Warning Devices: Noises of safety signals, warning devices, and emergency pressure relief valves; provided, however, that this exemption shall not be construed to allow equipment having safety signals or warning devices to operate at times not authorized in section 5-6-2 of this chapter.

B. Authorized Emergency Vehicles: Noises resulting from any authorized emergency vehicle, when responding to any emergency, and snow removal equipment when removing snow from streets and parking lots.

C. Emergency Work: Noises resulting from emergency work as defined in section 5-6-2 of this chapter.

D. Temporary Activities: Any other noise resulting from activities of a temporary duration permitted by law for which a license or permit therefore has been granted by the city in accordance with section 5-6-4 of this chapter.

E. Aircraft, Railroad Equipment: Any aircraft or railroad equipment operated in conformity with or pursuant to state statute, federal law, federal regulations and traffic control instruction used pursuant to and within the duly adopted state or federal regulations. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt. (Ord. 3-2002, 6-19-2002)

F. Sanitation Collection: Vehicles and equipment associated with the collection of garbage and refuse shall be allowed to operate two (2) hours before or after the times listed in section 5-6-2 of this chapter. (Ord. 5-2008, 3-19-2008)

5-6-4 APPLICATION FOR SPECIAL PERMIT:

A. Application For Permit For Relief: Applications for a permit for relief from the noise level designated in this chapter on the basis of undue hardship may be made to the city council or duly authorized representative of the city.

B. Conditions: Any permit granted by the city council or duly authorized representative of the city shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective.

C. Requirements For Permit Issuance: The city council or duly authorized representative of the city may grant a relief as applied for if they find:

1. Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this chapter; or

2. The activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter; and

3. No other reasonable alternative is available to the applicant.

D. Minimize Adverse Effects: The city council or duly authorized representative of the city, in granting such a special permit, may prescribe any conditions or requirements they deem necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. 3-2002, 6-19-2002)

5-6-5 PENALTY; INJUNCTIVE RELIEF:

A. Infraction: Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. (Ord. 3-2002, 6-19-2002; amd. 2007 Code)

B. Separate Offense: Each occurrence when such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense.