The purpose of this article is to secure and promote public health, comfort, convenience, safety, welfare, peace and quiet by preventing or minimizing noise pollution as herein defined.

(Ord. 1774-21)

Wherever used in this article, the following words and phrases shall have the meaning ascribed to them in this section unless the context clearly requires another meaning:

(a)   ANSI means the “American National Standards Institute” or its successor bodies.

(b)   Boundary means the line of demarcation which separates the real property owned by one person from that owned by another person.

(c)   Daytime Hours means 7:00 a.m. until 10:00 p.m., local time.

(d)   dB(A) represents the abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter.

(e)   Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

(f)   Emergency Signal Equipment means any siren, whistle, air horn or similar device when used on any vehicle as a warning device, used in connection with an emergency warning system, or used in connection with an alarm or warning system intended to produce an audible signal upon unauthorized entrance by a person into a building, structure or motor vehicle.

(g)   Emergency Work means any work necessary to restore real property to a safe condition following a public calamity, or work required to protest persons or real property from an imminent exposure to danger.

(h)   Nighttime Hours means 10:00 p.m. of one day through 7:00 a.m. of the next day, local time.

(i)    Noise means loud, harsh or discordant sound.

(j)    Noise Pollution means the presence of noise, whether from a single source or from multiple sources, the intensity, loudness or character of which is, or may be predicted with reasonable certainty to be, injurious to human health or which unreasonably interferes with the quiet enjoyment of property or with any lawful business or activity. Noise at sound pressure levels exceeding those permitted in any zone pursuant to the ordinance codified in this article are conclusively presumed to constitute noise pollution.

(k)   Person means any person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owner, or operator and shall include municipalities and its officers or employees.

(1)   Sound Level or Noise Level means the weighted sound pressure level, in decibels, measured by the use of a sound level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound Level Meters.

(m)  Sound Level Meter means an instrument meeting ANSI SI.4, 1971, Specifications for Sound Level Meters, consisting of microphone, an amplifier, an output meter and frequency weighting network or networks, used for the measurement of sound pressure levels in a specified manner.

(n)   Source means any person or property, real or personal, contributing to noise pollution.

(Ord. 1774-21)

(a)   Except as otherwise provided herein, noise from any source, when measured as provided herein at a level equal to or in excess of the maximums established for the following zones and time periods, is hereby declared to constitute noise pollution in violation of this article:

(b)   When Noise can be measured from more than one zone, the maximum permissible Sound Level of the more restrictive zone shall apply.

(Ord. 1774-21)

For the purposes of this article the following test measurements and requirements maybe applied:

(a)   Noise shall be measured at the property line of the property on which the Noise source is located.

(b)   Measurements with Sound Level Meters shall be made when the wind velocity at the time and place of such measurement is not more than ten (10) miles per hour, or twenty-five (25) miles per hour if a wind screen is used.

(c)   In all Sound Level measurements, consideration shall be given to the effect of the ambient Noise Level of the environment from all sources at the time and place of such Sound Level measurement.

(d)   Noise shall be measured on the “A” weighting scale on a Sound Level Meter of standard design and quality and having characteristics established by the ANSI.

(Ord. 1774-21)

This article shall not apply to:

(a)   Devices used solely for the purpose of warning, protecting or alerting persons of potential danger or in case of Emergency;

(b)   Municipally owned, operated, or contracted equipment used to operate, construct, repair or maintain municipal infrastructure systems;

(c)   Operations by, or sanctioned by, the proper city, state or federal authorities for the protection of persons or property, where imminent physical trauma or property damage demands immediate action;

(d)   Sound emanating from duly authorized athletic contests, parades, rodeos, and municipally-sanctioned public events;

(e)   Household tools used in normal usage during Daytime Hours;

(f)   Normal daytime use of lawn care and yard maintenance equipment if used and maintained in accordance with the manufacturer’s recommendations;

(g)   Motor vehicles on public roads with loud sound amplification (enforced by Uniform Public Offense Code, Article 9.1: Disorderly Conduct and Section 11-208 of the Code).

(h)   Trains and aircraft;

(i)    Emergency utility operation (including generators);

(j)    Construction Noise;

(k) Repair of personal use vehicles during Daytime Hours; or

(1)   Home repair of place of residence during Daytime Hours.

(Ord. 1774-21)

Violation of any provision of this article shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00).

(Ord. 1774-21)