HomeMy WebLinkAbout1032ORDINANCE NO. 1032 (1984 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO REPEALING
SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 9.12
NOISE CONTROL ORDINANCE
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
CFrTTnm 1
Chapter 9.12,of the Municipal Code is hereby repealed.
SFCTTnN 9_
The Noise Control Ordinance, fully contained in the attached is adopted.
SECTION -3.
A summary of these regulations shall be published at least three (3) days
prior to their final passage in the Telegram- Tribune, a newspaper published
and circulated in this City. The regulations shall take effect thirty (30)
days after their final passage.
0 1032
EXHIBIT A
Chapter 9.12 is added to the San Luis Obispo Municipal Code to read as
follows:
Section page
9.12.010 DECLARATION OF POLICY 3
9.12.020
DEFINITIONS
4
9.12.030
AUTHORITY AND DUTIES OF NOISE CONTROL OFFICER)
9
9.12.040
GENERAL NOISE REGULATIONS
10
9.12.050
PROHIBITED ACTS
11
9.12.060
EXTERIOR NOISE LIMITS
17
9.12.070
INTERIOR NOISE LIMITS
20
9.12.080
MOTOR VEHICLE NOISE LIMITS
22
9.12.090
SPECIAL PROVISIONS (EXEMPTIONS)
23
9.12.100
SPECIAL EXCEPTIONS
25
9.12.110
ENFORCEMENT
27
1
9.12.010
DECLARATION OF POLICY
In order to control unnecessary, excessive and annoying noise and vibration
in the City of San Luis Obispo, it is hereby declared to be the policy of the
City to prohibit such noise and vibration generated from or by all sources as
specified in this chapter. It shall be the policy of the City to maintain
quiet in those areas which currently exhibit low noise levels and to
implement programs aimed at reducing noise in those areas within the City
where noise levels are above acceptable values.
It is determined that certain noise levels and vibrations are detrimental to
the public health, welfare and safety, and are contrary to public interest.
Therefore, the City Council does ordain and declare that creating,
maintaining, causing or allowing to be created, caused or maintained, any
noise or vibration in a manner prohibited by or not in conformity with the
provisions of this chapter, is a public nuisance and shall be punishable as
such in any manner provided by law, including but not necessarily limited to
the filing of a civil or criminal action.
2
9.12.020
DEFINITIONS
A. TERMINOLOGY:
All terminology used in this ordinance, not defined below, shall be in
conformance with applicable publications of the American National Standards
Institute (ANSI) or its successor body.
B. A- WEIGHTED SOUND'LEVEL:
The sound level in decibels as measured on a sound level meter using the
A- weighting network. The level so read is designated dB(a) or dBA.
C. AGRICULTURAL PROPERTY:
As designated on the official zoning map of the City of San Luis Obippo.
D. AMBIENT NOISE LEVEL:
The composite of noise from all sources near and far. In this context, the
ambient noise level constitutes the normal or existing level of environmental
noise at a given location.
E. COMMERCIAL AREA:
Those areas designated C -N, C -R, C -C, and C -T on the official zoning map of
the City of San Luis Obispo.
F. COMMERCIAL'LIMITED:
Those ares designed 0 and PF on the official zoning map of the City of San
Luis Obispo.
G. CONSTRUCTION:
Any site preparation, assembly, erection, substantial repair, alteration, or
similar action, for or of public or private rights -of -way, structures,
utilities or similar property.
3
H. CUMULATIVE PERIOD:
An additive period of time composed of individual time segments which may be
continuous or interrupted:
I. DECIBEL:
A unit for measuring the amplitude of a sound, equal to 20 times the
logarithm to the base 10 of the ratio of the pressure of the sound measured
to the reference pressure, which is 20 micropascals.
J. DEMOLITION:
Any dismantling; intentional destruction or removal of structures, utilities,
public or private right -of -way surfaces, or similar property:
K. EMERGENCY'WORK:
Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
L. FIXED NOISE SOURCE:
A stationary device which creates sounds while fixed or motionless, including
but not limited to, residential, agricultural, industrial and commercial
machinery and equipment, pumps, fans, compressors, air conditioners, and
refrigeration equipment.
M. GROSS VEHICLE WEIGHT RATING (GVWR):
The value specified by the manufacturer as the recommended maximum loaded
weight of a single motor vehicle. In cases where trailers and tractors are
separable, the gross combination weight rating, which is the value specified
by the manufacturer as the recommended maximum loaded weight of the
combination vehicle, shall be used.
N. IMPULSIVE "SOUND:
Sound of short duration, usually less than one second, with an abrupt onset
and rapid decay. Examples of sources of impulsive sound include explosions,
drop forge impacts, and the discharge of firearms.
0. INDUSTRIAL'AREA:
As designated on the official zoning map of the City of San Luis Obispo.
H
P. INTRUSIVE NOISE:
That noise which intrudes over and above the existing ambient noise at a
given location. The relative intrusiveness of a sound depends upon its
amplitude, duration, frequency and time of occurrence, and tonal or
informational content as well as the prevailing ambient noise level.
Q. MOBILE NOISE SOURCE:
Any noise source other than a fixed noise source.
R. MOTOR VEHICLE:
Motor vehicle shall include any and all self - propelled vehicles as defined in
the California Vehicle Code, including all on- highway type motor vehicles
subject to registration under said Code, and all off - highway type motor
vehicles subject to identification under said Code.
S. MUFFLER OR'SOUND DISSIPATIVE DEVICE:
A device consisting of a series of chambers or baffle plates, or other
mechanical design, for the purpose of receiving exhaust gas from an internal
combustion engine, and effective in reducing noise.
T. NOISE CONTROL - OFFICER) (NCO):
The municipal agencies or departments having lead responsibility for this
ordinance will be the Community Development Department and the Police
Department.
U. NOISE DISTURBANCE:
Any sound which; as determined by the Noise Control Officer, (a) endangers or
injures the safety or health of human beings or animals, or (b) annoys or
disturbs reasonable persons of normal sensitivities, or (c) endangers or
injures personal or real property, or (d) violates the factors set forth in
Section 060 of this ordinance. Compliance with the quantitative standards as
listed herein shall constitute elimination of a noise disturbance.
V. NOISE ZONE:
Any defined areas or regions of a generally consitent land use wherein the
ambient noise levels are within a range of 5 dB.
5
W. PERSON:
Any individual, association, partnership, or corporation, and includes any
officer, employee, department, agency or instrumentality of a State or any
political subdivision of a State.
X. POWERED -MODEL VEHICLE:
Any self - propelled, airborne, waterborne, or landborne plane, vessel, or
vehicle, which is not designed to carry persons, including but not limited
to, any model airplane, boat, car, or rocket.
Y. PUBLIC RIGHT -OF -WAY:
Any street, avenue, boulevard, highway, sidewalk or alley or similar place
which is owned or controlled by a governmental entity.
Z. PUBLIC SPACE:
Any real property or structures thereon which are owned or controlled by a
governmental entity.
AA. PURE TONE:
Any sound which can be judged as audible as a single pitch or a set of single
pitches by the Noise Control Officer. For the purposes -of this ordinance, a
pure tone shall exist if the one -third octave band sound pressure level in
the band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous one -third octave bands by 5 dB for center
frequencies of 500 Hz and above and by 8 dB for center frequencies between
160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125
Hz.
BB. REAL-PROPERTY-BOUNDARY:
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 divisions.
CC. RESIDENTIAL'AREA:
Any area within City including R1, R2, R3, R4 as defined by City Zoning
Ordinance.
M
DD. SOUND AMPLIFYING EQUIPMENT:
Any device for the amplification of the human voice, music, or any other
sound, excluding standard automobile radios when used and heard only by the
occupants of the vehicle in which the radio is installed, and, as used in.
this chapter, warning devices on authorized emergency vehicles or horns or
other warning devices on any vehicle used only for traffic safety purposes.
EE. SOUND LEVEL METER:
An instrument including a microphone, an amplifier, an output meter, and
frequency weighting networks for the measurement of-sound levels, which meets
or exceeds the requirements pertinent for type S2A meters in American
National Standards Institute specifications for sound level meters,
S1.4 -1971, or the most recent revision thereof.
FF. SOUND TRUCK:
Any motor vehicle, or any other vehicle, regardless of motive power, whether
in motion or stationary, having mounted thereon, or attached thereto, any
sound amplifying equipment.
GG. VIBRATION PERCEPTION THRESHOLD:
The minimum ground- or structure -borne vibrational motion necessary to cause
a normal person to be aware of the vibration by such direct means as, but not
limited to, sensation by touch or visual observation of moving objects. The
perception threshold shall be presumed to be a motion velocity of 0.01 in /sec
over the range of 1 to 100 Hz.
7
9.12.030
AUTHORITY AND DUTIES OF THE
NOISE CONTROL OFFICER) (NCO)
A. LEAD - (AGENCY /OFFICIAL):
The noise control program established by this ordinance shall be administered
by the Community Development Department (Administration /Special Exceptions of
time periods greater than 48 hours /Zoning Enforcement) and the Police
Department (Noise Violation Enforcement /Special Exceptions of time periods
less than 48 hours).
:
9.12.040
GENERAL NOISE REGULATIONS
Notwithstanding any other provision of this chapter, and in addition thereto,
it shall be unlawful for any person to willfully or negligently make or
continue, or cause to be made or continued, or permit or allow to made or
continued, any loud, unnecessary, or unusual noise which disturbs the peace
and quiet of any neighborhood or which causes any discomfort or annoyance to
any reasonable person of normal sensitivity in the area.
No permit shall be issued for any activity that may violate this section.
The factors which may be considered in determining whether a violation of the
provisions of this section exists include, but are not limited to, the
following:
A. The sound level of the objectionable noise.
B. The sound level of the ambient noise.
C.
The
proximity of the noise to residential sleeping facilities.
D.
The
nature and zoning of the area
within which the noise emanates.
E.
The
number of persons affected by
the noise source.
F.
The
time of day or night the noise
occurs.
G.
The
duration of the noise and its
tonal, informational or musical
content.
H. Whether the noise is continuous, recurrent, or intermittent.
I. Whether the noise is produced by a commercial or non - commercial
activity.
9
9.12.050
PROHIBITED ACTS
A. NOISE DISTURBANCES PROHIBITED:
No person shall unnecessarily make, continue, or cause to be made or
continued, or permit or allow to be made or continued, any noise disturbance
in such a manner as to be plainly audible at a distance of 50 feet from the
property, site, building, structure or vehicle in which it is located and
shall be considered prima facie evidence of a violation of this section.
B. SPECIFIC PROHIBITIONS:
The acts, as set forth in sub - sections 1 through 8, and the causing or
permitting thereof, are declared to be in violation of this ordinance:
B.1 RADIOS, TELEVISION SETS MUSICAL INSTRUMENTS AND SIMILAR DEVICES:
Operating, playing or permitting the operation or playing of any radio,
television set, phonograph, drum, musical instrument, or similar device which
produces or reproduces sound:
a. Between the hours of 10 p.m. and 7 a.m. in such a manner as to
create a noise disturbance across a residential or commercial real
property line or at any time to violate the provisions of Section
060, except for activities for which a exception has been issued by
the Noise Control Office.
b. In such a manner as to exceed the levels set forth for public
space in Table 060.1, measured at a distance of at least 50 feet (15
meters) from such device operating on a public right -of -way or
public space.
B.2 LOUDSPEAKERS (AMPLIFIED SOUND):
Using or operating for any purpose any loudspeaker, loudspeaker system, or
similar device between the hours of 10 p.m. and 7 a.m., such that the sound
therefrom creates a noise disturbance across a residential real property
line, or at any time violates the provisions of Section 060, except for any
non - commercial public speaking, public assembly or other activity for which a
exception has been issued by the Noise Control Office
10
B.3 STREET SALES:
Offering for sale, selling anything, or advertising by shouting or outcry
within any residential or commercial area of the City except by exception
issued by the Noise Control Office. The provisions of this section shall not
be construed to prohibit the selling by outcry of merchandise, food, and
beverages at licensed sporting events, parades, fairs, circuses, or other
similar licensed or permitted public entertainment events.
B.4 ANIMALS AND BIRDS:
Owning, possessing or harboring any
long duration, howls, barks, meows,
create a noise disturbance across a
line or within a noise sensitive zone:
B.5 LOADING AND UNLOADING:
animal or bird which frequently or for
squawks, or makes other sounds which
residential or commercial real property
Loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, or similar objects between the hours of 10
p.m. and 7 a.m.- in such a manner as to cause a noise disturbance across a
residential real property line or at any time to violate the provisions of
Section 060.
B.6 CONSTRUCTION /DEMOLITION:
a. Operating or causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or
demolition work between weekday hours of 7 p :m: and 7 a.m., or
at any time on Sundays or holidays, such that the sound
therefrom creates a noise disturbance across a residential or
commercial real property line, except for emergency work of
public service utilities or by exception issued by the
Community Development Department: (This section shall not
apply to the use of domestic power tools as specified in
Section 050 B :10)
b. Noise Restrictions at Affected Properties:
Where technically and economically
activities shall be conducted in such
noise levels at affected properties
listed in the following schedule:
11
feasible, construction
a manner that the maximum
will not exceed those
(1) AT RESIDENTIAL PROPERTIES:
Mobile Equipment
Maximum noise levels for nonscheduled, intermittent,
short -term operation (less than 10 days) of mobile equipment:
Single Family Multi- Family Mixed Residential/
Residential Residential Commercial-
Daily, except Sundays
and Legal Holidays 75 dBA 80 dBA 85 dBA
7 a.m, to 7 p.m.
Daily, 7 p.m. to 7 a.m.
and all day Sunday and 60 dBA 65 dBA 70 dBA
Legal Holidays
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively
long -term operation (periods of 1e0 days or more) of stationary
equipment:
12
Single Family
Multi- Family
Mixed - Residential/
Residential
Residential
Commercial
Daily,
except Sundays
and Legal
Holidays 60 dBA
65 dBA
70 dBA
7 a.m,
to 7 p.m.
Daily,
7 p.m, to 7 a.m.
and all
day Sunday and 50 dBA
55 dBA
60 dBA
Legal Holidays
(2)
AT BUSINESS PROPERTIES:
Mobile Equipment
Maximum noise levels for nonscheduled, intermittent, short -term
operation of mobile equipment:
Daily, including Sundays and
Legal Holidays,
all hours;
maximum of 85 dBA.
12
Stationary-Equipment
Maximum noise levels for repetitively scheduled and relatively
long -term operations of stationary equipment:
Daily; including Sundays and Legal Holidays, all hours;
maximum of 75 dBA.
All mobile or stationary internal combustion engine powered
equipment or machinery shall be equipped with suitable exhaust
and air intake silencers in proper working order:
B.7 VIBRATION:
Operating or permitting the operation of any device that creates a vibration
which is above the vibration perception threshold of an individual at or
beyond the property boundary of the source if on private property or at 150
feet (46 meters) from the source if on a public space or public right -of -way:
B.8 POWERED MODEL VEHICLES:
Operating or permitting the operation of powered model vehicles:
a. Between the hours of 7 p.m. and 7 a.m. so as to create a noise
disturbance across a residential or commercial real property
line or at any time to violate the provisions of Section 070.
b. In such a manner as to exceed the levels set forth for public
space land use in Table 060.1 measured at a distance not less
than 100 feet (30 meters) from any point on the path of a
vehicle operating on public space or public right -of -way.
13
B.9 EMERGENCY-SIGNALING DEVICES:
B.10
a. The intentional sounding or permitting 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 the following
subsection b:
b. (1) Testing of a stationary emergency signaling device shall
not occur before 7 a.m. or after 7 p.m. Any such testing
shall use only the minimum cycle test time. In no case
shall such test time exceed 60 seconds.
(2) 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. Such testing
shall not occur before 7 a.m. or after 10 p.m. The time
limit specified in subsection b.(1) shall not apply to
such complete system testing.
C. Sounding or permitting the sounding of any exterior burglar or
fire alarm or any motor vehicle burglar alarm unless such alarm
is terminated within 30 minutes of activation.
DOMESTIC POWER-TOOLS, MACHINERY:
a. Operating or permitting the operation of any mechanically
powered saw, sander, drill, grinder, lawn or garden tool, or
similar tool between 10 p.m. and 7 a.m., so as to create a
noise disturbance across a residential or commercial real
property line.
b. Any motor, machinery, pump, such as swimming pool equipment,
etc:, shall be sufficiently enclosed or muffled and maintained
so as not to create a noise disturbance in accordance with
Section 060.
14
B.M. RESIDENTIAL AIR= CONDITIONING OR AIR - HANDLING EQUIPMENT:
Operating or permitting the operation of any air - conditioning or air - handling
equipment in such a manner as to exceed any of the following sound levels:
Measurement Location
Any point on neighboring property
line, 5 feet above grade level, no
closer than 3 feet from any wall.
Outside the neighboring living area
window nearest the equipment location,
not more than 3 feet from the window
opening, but at least 3 feet from any
other surface.
15
Units Installed
Before
1 -1 -80
dB(A)
.1
55
Units Installed
On or After
1 -1 -80
dB(A)
55
50
A.
r
9.12.060
EXTERIOR NOISE LIMITS
MAXIMUM PERMISSIBLE SOUND LEVELS AT RECEIVING LAND USE:
1. The noise standards for the various categories of land use
identified by the Noise Control Office(r) as presented in Table
070.1 shall, unless otherwise specifically indicated, apply to
all such property within a designated zone.
2. No person shall cause or allow to cause, any source of sound at
any location within the incorporated City or allow the creation
of any noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level when
measured on any other property, either incorporated or
unincorporated, to exceed:
(a) the noise standard for that land use as specified in Table
070.1 for a cumulative period of more than thirty minutes
in any hour; or
(b) the noise standard plus 5 dB for a cumulative period of
more than fifteen minutes in any hour; or
(c) the noise standard plus 10 dB for a cumulative period of
more than five minutes in any hour; or
(d) the noise standard plus 15 dB for a cumulative period of
more than one minute in any hour; or
(e) the noise standard plus 20 dB for any period of time.
3. If the measured ambient level differs from that permissible
within any of the first four noise limit categories above, the
allowable noise exposure standard shall be adjusted in 5 dB
increments in each category as appropriate to encompass or
reflect said ambient noise level.
In the event the ambient noise level exceeds the fifth noise
limit category, the maximum allowable noise level under this
category shall be increased to reflect the maximum ambient
noise level.
4. If the measurement location is on a boundary between two
different zones, the noise level limit applicable to the lower
noise zone plus 5 dB, shall apply.
16
5. If possible, the ambient noise should be measured at the same
location along the property line utilized in 060, with the
alleged offending noise source inoperative. If for any reason
the alleged offending noise source cannot be shut down, the
ambient noise may be estimated by performing a measurement in
the same general area of the source but at a sufficient
distance such that the noise from the source is at least 10 dB
below the ambient in order that only the ambient level be
measured. If the difference between the ambient plus the noise
source and noise source is 5 to 10 dB, then the level of the
source itself can be reasonably determined by subtracting a one
decibel correction to account for the contribution of the
source.
B. CORRECTION FOR CHARACTER OF SOUND:
In the event the alleged offensive noise, as determined by the Noise Control
Officer, contains a steady, audible tone such as whine, screech, or hum, or
is a repetitive noise such as hammering or riveting, or contains music or
speech, the standard limits set forth in Table 060.1 shall be reduced by 5
dB.
17
TABLE 060.1
EXTERIOR NOISE LIMITS
(Levels Not To Be Exceeded More Than 30 Minutes In Any Hour)
Zoning Category Time Period Noise Level W BA)
R1 & R2, C /OS
Low Density Residential 10 pm - 7 am 50
7 am - 10 pm 55
R3 &R4
High Density Residential 10 pm - 7 am 50
7 am - 10 pm 55
0, PF
Ltd. Commercial 10 pm - 7 am 55
7 am - 10 pm -60
C -N, C -R, C -C, C -T 60
Commercial 10 pm - 7 am 60
7 am - 10 pm 65
C -S
Light Industrial Any Time 70
M
Heavy Industrial Any Time 75
(1) The classification of different areas of the community in terms of
environmental noise zones shall be determined by the Noise Control
Office(r), based upon community noise survey data. Additional area
classifications should be used as appropriate to reflect both lower
and higher existing ambient levels than those shown. Industrial
noise limits are intended primarily for use at the boundary of
industrial zones rather than for noise reduction within the zone.
In
9.12.070
INTERIOR NOISE STANDARDS
A. MAXIMUM PERMISSIBLE DWELLING INTERIOR SOUND LEVELS:
1. The interior noise standards for multi - family residential
dwellings as presented in Table 070.1 shall apply, unless
otherwise specifically indicated, within all such dwellings
with windows in their normal seasonal configuration.
Noise
Zone
All Residential
Zones
Type of
Land Use
All Multi- Family
Residential
Land Uses
TABLE 070.1
Time
Interval
10 pm - 7 am
7 am - 10 pm
Allowable Interior
Noise Level (dBA)
40
45
2. No person shall operate or cause to be operated within a
dwelling unit, any source of sound or allow the creation of any
noise which causes the noise level when measured inside a
neighboring receiving dwelling unit to exceed:
(a) the noise standard as specified -in Table 070.1 for a
cumulative period of more than five minutes in any hour;
or
(b) the noise standard plus 5 dB for a cumulative period of
more than one minute in any hour; or
(c) the noise standard plus 10 dB or the maximum measured
ambient, for any period of time.
3. If the measured ambient level differs from that permissible
within any of the noise limit categories above, the allowable
noise exposure standard shall be adjusted in 5 dB increments in
each category as appropriate to reflect said ambient noise
level.
19
B. CORRECTION FOR -CHARACTER "OF SOUND:
In the event the alleged offensive noise, as determined by the Noise Control
Officer, contains a steady, audible tone such as a whine, screech, or hum, or
is a repetitive noise such as hammering or riveting, or contains music or
speech conveying informational content, the standard limits set forth in
Table 070.1 shall be reduced by 5 dB.
20
SECTION 9.12.080
MOTOR VEHICLE NOISE LIMITS
A. REFUSE COLLECTION VEHICLES:
1. No person shall collect refuse with a refuse collection vehicle
between the hours of 7 p.m. and 6:30 a.m. within or adjacent to
a residential area.
B. MOTORIZED RECREATIONAL VEHICLES OPERATING OFF PUBLIC RIGHT -OF -WAY:
No person shall operate or cause to be operated any motorized
recreational vehicle off public right -of -way in such a manner that
the sound levels emitted therefrom violate the provisions of Section
070. This section shall apply to all motorized recreational
vehicles, whether or not duly licensed and registered, including,
but not limited to, commercial or non - commercial racing vehicles,
motorcycles, go carts, amphibious craft, campers, snowmobiles and
dune buggies, but not including motorboats.
C. VEHICLE, MOTORBOAT, OR AIRCRAFT REPAIR AND TESTING:
1. Repairing; rebuilding, modifying, or testing any motor vehicle,
motorboat, or aircraft in such a manner as to create a noise
disturbance across a residential real property line, or at any
time to violate the provisions of Section 070.
2. Nothing in this Section shall be construed to prohibit,
restrict, penalize, enjoin, or in any manner regulate the
movement of aircraft which are in all respects conducted in
accordance with, or pursuant to, applicable Federal laws or
regulations.
D. STANDING MOTOR VEHICLES:
No person shall operate or permit the operation of any motor vehicle with a
gross weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any
auxiliary equipment attached to such a vehicle, for a period longer than 15
minutes in any hour while the vehicle is stationary, for reasons other than
traffic congestion, on a public right -of -way or public space within 150 feet
(46 meters) of a residential area, between the hours of 10 p.m. and 7 a.m.
21
SECTION 9.12.090
SPECIAL PROVISIONS (EXEMPTIONS)
A. EMERGENCY EXEMPTION:
The provisions of this ordinance shall not apply to: (a) the emission of
sound for the purpose of alerting persons to the existence of an emergency,
or (b) the emission of sound in the performance of emergency work.
B. WARNING DEVICES:
Warning devices necessary for the protection of public safety, as for
example, police, fire and ambulance sirens, and train horns, shall be
exempted from the provisions of this ordinance.
C. OUTDOOR ACTIVITIES:
The provisions of this ordinance shall not apply to outdoor gatherings,
public dances, shows, and sporting and entertainment events, provi=ded su.c.h
events are conducted pursuant to a permit or license issued by the City
relative to the staging of said events.
D. EXEMPTIONS FROM EXTERIOR NOISE STANDARDS:
The provisions of Section 060 shall not apply to activities covered by the
following sections:
1. 050 (B.3) Street Sales;
2. 050 (B.6) Construction /Demolition;
3. 050 (B.10) Domestic Power Tools, Machinery;
4. 050 (B.11) Residential Air - Conditioning or Air - Handling
Equipment;
5. 080 (A) Refuse Collection Vehicles.
22
E. AGRICULTURAL OPERATIONS:
All mechanical devices, apparatus, or equipment associated with agricultural
operations conducted on agricultural property unless, if in the vicinity of
residential land uses, in which case an exception permit is required (Re.
Section 9.12.100) to operate noise producing devices, with the following
stipulations:
1. Operations do not take place between 8 p.m. and 6:30 a.m.; or
2. Such operations and equipment are utilized for the protection
or salvage of agricultural crops during periods of potential or
actual frost damage or other adverse weather conditions; or
3. Such operations and equipment are associated with agricultural
pest control through pesticide application, provided the
application is made in accordance with permits issued by or
regulations enforced by the Noise Control Officer; or
4. Such devices utilized for pest control which incorporate
stationary or mobile noise sources (electro- mechanical bird
scare devices, etc.) are operated only by permit issued by the
Noise Control Office(r). The allowable hours and days for
operation of these devices will be specified in the permit.
5. All equipment and machinery powered by internal combustion
engines shall be equipped with a proper muffler and air intake
silencer in good working order.
F. FEDERAL OR STATE PREEMPTED ACTIVITIES:
Any other activity to the extent regulation thereof has been preempted by
State or Federal Law shall be exempted from the regulations of this
ordinance.
G. PRE - EXISTING NOISE SOURCES
Those commercial and /or industrial operations in existence prior to the date
of adoption of this ordinance, if in compliance with local zoning statutes,
shall be granted a 2 year period from the date of adoption with which to
comply with the provisions of this ordinance. If, at the end of the 2 year
period, it can be shown that compliance with the provisions herein
constitutes a hardship in terms of technical and economic feasibility, a
exception may be granted on an annual basis until such time as compliance may
be effected. No more than 3 exceptions will be allowed on a specific
project.
23
SCTION 9.12.100
EXCEPTIONS
A. SPECIAL EXCEPTIONS:
1. The NCO is authorized to grant exceptions from any provision of
this ordinance, subject to limitations as to area, noise
levels, time limits, and other terms and conditions as the NCO
determines are appropriate to protect the public health,
safety, and welfare from the noise emanating therefrom. This
section shall in no way affect the duty to obtain any permit or
license required by law for such activities.
2. Any person seeking an exception pursuant to this section shall
file an application with the NCO. The application shall
contain information which demonstrates that bringing the source
of sound or activity for which the exception is sought into
compliance with this ordinance would constitute an unreasonable
hardship on the applicant, on the community, or on other
persons. The application shall be accompanied by a fee as
established by council resolution. A separate application
shall be filed for each noise source; provided, however, that
several mobile sources under common ownership, or several fixed
sources on a single property may be combined into one
application. Any individual who claims to be adversely
affected by allowance of the exception may file a statement
with the NCO containing any information to support his claim.
If at any time the NCO finds that a sufficient controversy
exists regarding an application, a public hearing will be held.
3. In determining whether to grant or deny the application, the
NCO shall balance denial as a hardship on the applicant against
(1) the adverse impact on the health, safety, and welfare of
other persons affected; (2) the adverse impact on property
affected, and; (3) any other adverse impacts of granting the
exception. Applicants for exceptions and persons contesting
exceptions shall be required to submit such information as the
NCO may reasonably require. In granting or denying an
application, the NCO shall keep on public file a copy of the
decision and the reasons for denying or granting the exception.
24
4. Exceptions shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on
the permitted activity. The exception shall not become
effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the exception shall
terminate the exception and subject the person holding it to
those provisions of this ordinance for which the exception was
granted.
5. An exception will not exceed 365 days from the date on which
it was granted. Application for extension of time limits
specified in exceptions or for modification of other
substantial conditions shall be treated like applications for
initial exceptions under subsection 2 of this Chapter.
6. Exceptions lasting for a duration of less than 48 hours may be
granted by the Chief of Police or his designated Noise Control
Officer. Exceptions lasting for a duration of more than 48
hours or dealing with zoning conflicts or machine generated
noise may be granted by the Community Development Department
Director or his designated Noise Control Officer.
B. EXCEPTIONS FOR TIME TO COMPLY:
1. Within 90 days following the effective date of this ordinance,
the owner of any commercial or industrial source of sound may
apply to the NCO for an exception in time to comply with the
provisions of this ordinance. The NCO shall have the
authority; consistent with this section, to grant an exception
(not to exceed 180 days from the effective date of this
ordinance). The same procedures and considerations by the NCO
as followed under this section shall likewise apply.
C. APPEALS:
Appeals of an adverse decision of the Police Department's NCO shall be made
to the Community Development Department. Review of the Community Development
Department shall be limited to whether the decision is supported by
substantial evidence:
25
SECTION 9.12.110
ENFORCEMENT
A. PRIMA FACIE VIOLATION:
Any noise exceeding the noise level limits for a designated noise zone as
provided in Sections 060.1 and 070.1 or the prohibited actions as provided in
Section 050 of this chapter, shall be deemed to be prima facie evidence of a
violation of the provisions of this chapter.
B. VIOLATIONS: INFRACTIONS
Any person violating any of the provisions of this chapter shall be deemed
guilty of a Infraction. Each hour such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable as
such.
C. ABATEMENT ORDERS:
1. In lieu of issuing a notice of violation as provided for in
Subsection B, the NCO or Police Department responsible for
enforcement of any provision of this ordinance may issue an
order requiring abatement of a sound source alleged to be in
violation, within a reasonable time period and according to
guidelines which the NCO may prescribe.
2. No complaint or further action shall be taken in the event that
the cause of the violation has been removed, the condition
abated or fully corrected within the time period specified in
the written notice.
26
V 7i f
s yllops'rs
D. SEVERABIL 6:
If any provision of this ordinance is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the ordinance shall not be invalidated.
APPROVED AS TO FORM AND CONTENT
On the motion of Councilman Councilwoman Dovey seconded by
Councilman Settle and on the fol owing ro 1 call vote:
AYES Councilmembers Dovey, Settle.andklayor Billig
NOES Councilman Dunin
ABSENT Councilman Griffin
The foregoing Ordinance was passed and adopted this 15th day of jana 1985.
ATTEST:
f
CITY CLERK
Approved:
Off -
City Administrative Ofificer I,
I pnt� �1! -Z6 gy
Po1ic Q ie
27
ORDINANCE NO. 1032
•
(1985 Series)
FINALLY PASSED this 5th day of February ,
1985, on motion of Councilwoman Dovey , seconded by
Councilman Settle , and on the following roll call
vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
ATTEST:
Ci y Clerk Pamela es
�% -il-�
,,� •
�-.
��� �'
�_