It is the intent of this article to provide citizens with an environment free from such excess sounds or noises as may jeopardize their health, welfare and safety, or degrade the quality of life.

(Ord. No. 2006-69, § 1(7.48.01), 5-9-2006)

This article shall apply to the control of all sound and vibration originating within the limits of the city.

(Ord. No. 2006-69, § 1(7.48.02), 5-9-2006)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.

Decibel (dB) means a unit for measuring the volume 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 (20 micronewtons per square meter).

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

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

Motor vehicle means any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.

Motorcycle means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters and minibikes.

Noise means any sound which endangers or injures the safety or health of humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.

Plainly audible means capable of being heard. It is not necessary to distinguish words or melodies. A plainly audible sound may consist of bass alone.

Real property boundary means 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.

Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels.

Vibration means an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

(Ord. No. 2006-69, § 1(7.48.03), 5-9-2006)

1. Lead department. The noise control program established by this article shall be administered by the police department.
2. Departmental cooperation. Code enforcement officers are responsible for observing and reporting to the police department any noise complaints from construction per Sec. 58-110(c) during daytime work hours. All departments and agencies shall cooperate with the lead department to the fullest extent in enforcing these regulations.
3. Sound level meter. Sound level measurements shall be made with a sound level meter Type II or better using the A-weighted scale in conformance with the standards promulgated by the American National Standards Institution (ANSI). The microphone shall be equipped with a wind screen. Code enforcement may use any sound level equipment to determine potential violations that would then be confirmed through the police department's certified equipment.
4. Procedure for measurement. All tests shall be conducted according to the following procedures:
   1. Complaint-driven. When the measurement procedure is the result of a complaint, measurements will be taken at the property line of the receiving property.
   2. Normal monitoring. When the measurement procedure is in the normal course of monitoring sound, the measurements will be taken at the real property line of the source of the sound.
   3. Outdoor conditions. No outdoor measurements shall be taken while winds (including gusts) exceed 15 miles per hour; under conditions that will allow the sound level meter to become wet; or when the ambient temperature is out of range of tolerance of the sound level meter.
   4. Calibration. The sound level meter shall be verified and calibrated according to the manufacturer's specifications immediately prior to taking the measurements.
   5. Meter Placement. The sound level meter shall be placed a minimum of four feet above the ground or from any reflective surface. The microphone shall be pointed at the sound source.
   6. Measurements. Measurements shall include "high", "average" and "low" readings. If the sound level meter does not provide these multiple readings, a minimum of three separate measurements shall be taken at a single location at varying time intervals. The average sound level reading shall be used to determine whether there has been a violation of this ordinance.
      
   7. Monitoring report. The report for each measurement session shall include:
      1. The day, date and time of the measurements;
      2. Date and time of recent calibration;
      3. Temperature and wind speed at time of measurement;
      4. Identification of the monitoring equipment;
      5. Location, land use, zoning and description of the source;
         
      6. Location, land use and zoning of the listener; and
         
      7. Sound level measurements.
   8. Extraneous sounds. If there are extraneous sound sources that are unrelated to the measurements and increase the monitored sound level, the measurement shall be postponed until these noises subside.

(Ord. No. 2006-69, § 1(7.48.04), 5-9-2006)

The provisions of this article shall not apply to:

1. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
2. Any facility, vehicles or equipment of the city, county, state or federal government while engaged upon necessary public business.
3. The use of bells or chimes in conjunction with places of religious worship.
4. The intentional sounding or permitting the sounding of any fire, burglar or civil defense alarm, siren, whistle or similar stationary or emergency signaling devise for emergency purposes or for testing, provided such testing uses only the minimum cycle test time.
5. Movement of aircraft which are, in all respects, conducted in accordance with or pursuant to applicable federal laws or regulations.
6. Activities conducted on or in municipal facilities that are approved, sponsored, or sanctioned by the city.
7. Any athletic or school related event or activity that occurs on or in school facilities and approved, sponsored, or sanctioned by the school.
8. A facility used for the production, display, and promotion of indoor and outdoor musical events that has been designed and built with inherent architectural design, landscape, and topography measures to reduce sound to minimal intrusive levels and has been approved by Planning Commission.
9. Firework displays authorized by the city.

(Ord. No. 2006-69, § 1(7.48.06), 5-9-2006)

1. Generally. No person shall operate or cause to be operated, or permit, contract or allow to be operated on premises of public or private property any identifiable source of sound in such a manner as to create a sound level within the zoning districts shown in table 1 of this subsection, which exceeds the maximum noise levels as set forth in Table 1 as measured at any point on the boundary of the property from which the sound or noise was emanating. A complaint under this section must be brought by a property owner or leaseholder affected by the excessive noise on their property.
   
   

   TABLE 1
   Residential Zone
   7:00 am – 10:00 pm	60 dB(A)
   10:00 pm – 7:00 am	55 dB(A)
   Commercial Zone: Sunday – Thursday
   7:00 am – 11:00 pm	70 dB(A)
   11:00 pm – 7:00 am	65 dB(A)
   Commercial Zone: Friday and Saturday
   7:00 am – 12:00 am	70 dB(A)
   12:00 am – 7:00 am	65 dB(A)
   Industrial Zone
   7:00 am – 10:00 pm	70 dB(A)
   10:00 pm – 7:00 am	65 dB(A)

2. District boundaries. When a noise source can be identified and its noise measured in more than one zoning district, the noise level limits of the most restrictive zoning district shall apply at that district boundary.
3. Commercial source. Notwithstanding the zoning classification of the underlying parcel, restaurants, nightclubs, private clubs, auditoriums, dance halls, and rehearsal studios are defined as commercial sound sources existing in commercial zones for the purposes of this article.

(Ord. No. 2006-69, § 1(7.48.07), 5-9-2006)

The following acts, and the causing thereof, are declared to be in violation of this article:

1. Radios, loudspeakers and public address systems.
   1. Commercial use. Use, operation 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 which is cast upon the public streets from a point of origin located on public or private property, for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
   2. Noncommercial use. The use or operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets from a point of origin located on public or private property, for a noncommercial purpose shall not be operated in such a manner or at such a volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel, or other type of residence in the vicinity and shall be restricted by the limitations of the zoning district set forth in section 58-109.
2. Radios, televisions, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in such a manner or with such volume, particularly during the hours between 10:00 pm and 7:00 am, as to annoy or disturb the quietness, comfort or peace of any persons in or around any office, hospital, or in any dwelling, hotel or other type of residence.
3. Construction. Operation of construction, demolition, or excavation equipment; performance of any outside construction or repair work on buildings, structures, or projects; or operation of any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device in order to erect, demolish, alter, or repair any building, street, or highway within a residential zone or on any property within a radius of 500 feet of a residential zone on Sundays; legal holidays; Monday through Saturday between the hours of 7:00 p.m. and 6:00 a.m. the following day in May, June, July, August and September; and Monday through Saturday between the hours of 6:00 p.m. and 6:00 a.m. during the remainder months of the year. Construction work shall be subject to the maximum noise level limitations specified for industrial zones in section 58-109.
4. Motor vehicles and motorcycles.
   1. Repair noise. The repairing, rebuilding, modifying or stationary testing of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m.
   2. Sound amplification device. The operation or occupancy of a vehicle, which is moving or stationary, standing or parked, from which any sound amplification or producing device or similar equipment is creating a sound that is plainly audible at least 30 feet from the source of the sound.
   3. Engine noise. The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, from which the engine noise is creating a sound that is in excess of the maximum noise levels established for the time period and zoning districts set forth in section 58-109 when measured at least 30 feet from the source of the sound.
   4. Horns. The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public place, except as a warning of danger.
5. Animals. Noise from animals shall be enforced in accordance with article II of chapter 6.

(Ord. No. 2006-69, § 1(7.48.08), 5-9-2006)

Any person may apply to the planning commission for a conditional use permit to conduct activities that might otherwise violate this article. Applications shall be submitted to the planning department in accordance with the current planning department policies and procedures for a conditional use permit as set forth in Article 301 Administration and Enforcement of the Zoning Code. The planning commission may impose conditions of approval, including but not limited to, time and geographic area for such activity and sound attenuation measures. The planning commission shall consider such factors as adequate police protection, interference with established businesses and impact to surrounding land uses. Such activities shall include, but not be limited to, functions advancing the arts, holiday festivals, parades, public functions protected by the First Amendment, and election activities.

(Ord. No. 2006-69, § 1(7.48.09), 5-9-2006)