§ 28-29. Noise nuisances.

(a)

Definitions. All terminology used in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 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:

Accountable official means a city officer or employee designated by the city manager with a particular administrative or enforcement responsibility under this section.

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

Construction non-peak hours means those hours before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 9:00 a.m. or after 8:00 p.m. on Saturday and Sunday.

Decibel means a unit for measuring the volume of sound, delineated as dB(A) or dB(C).

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

Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage which demands immediate action.

Event impact plan means a plan required in connection with approval of a sound permit.

Noise disturbance means sound which exceeds the prescribed decibel limits set out in this section at any point on the property boundary of the property which contains the source of the sound, and is presumed to constitute a nuisance subject to the penalties set out in this section.

Outdoor music venue means a commercial property that is not fully enclosed by permanent, solid walls and a roof, where sound equipment is used to amplify sound.

Residential impact zone (RIZ) means any area within 500 feet of a nonresidential zone (GB, LI, LR) which:

(1)

Is zoned residential; and

(2)

Contains dwellings.

Responsible party means a sound engineer, audio professional or other person authorized to make decisions regarding the use of sound equipment permitted under this section.

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

Sound equipment means a loudspeaker, public address system, amplification system, or other sound producing device.

Sound level means the weighted sound pressure level obtained by the use of a sound level meter.

Sound level meter means an instrument which includes a microphone, amplifier, output meter, and weighting networks which is used to measure sound pressure levels.

Temporary event means an event as described under the permits section and identified as: requiring a short-term sound permit or an outdoor event sound permit.

Vibration means an oscillating, reciprocating or other periodic motion that is detectable through observation or touch; noise induced vibrations are defined as the vibrations of the primary components of the building such as the walls and windows, the rattling of objects such as dishes, ornaments or shelves which are set in motion by the vibration of the primary components.

(b)

Prohibited acts. It is unlawful and an offense under this section to:

(1)

Use sound equipment at a business or residence that creates a noise disturbance or that creates vibration that is perceptible by an enforcement official at any other property boundary;

(2)

Make, sound, or play a musical instrument that creates a noise disturbance;

(3)

Operate construction or industrial machinery or equipment during construction non-peak hours that creates a noise disturbance;

(4)

Use a vehicle, equipment, attachment, or device associated with a vehicle, for the purpose of cold hold, refrigeration, or freezing of any consumable food or beverage product (including water in any form such as consumer ice or ice used to refrigerate food or beverage) between 9:00 p.m. and 6:00 a.m. if noise or sound originating from the vehicle or any associated equipment (such as an engine or generator, equipment, attachment, trailer or device) creates a noise disturbance or causes vibration at a residence; or

(5)

Operate sound equipment which creates a noise disturbance or causes a vibration at a distance of 30 feet or more from the vehicle in which the equipment is situated.

(c)

Noise prohibited.

(1)

Amplifiers. The use of a bullhorn, loudspeaker, or other amplification is prohibited in the public right-of-way and on city property, unless permitted as an exception by this section.

(2)

Animals. It is unlawful to keep, or to permit the keeping of any bird or animal that creates any bark, cry, crow, or other sound on a frequent, repetitive or continuous basis for ten minutes or longer, that is audible beyond the property boundary.

(3)

Construction. Except in the case of an emergency, construction work which creates a noise disturbance is prohibited as follows:

a.

Before 7:00 a.m. or after 8:00 p.m. Monday through Friday.

b.

Before 9:00 a.m. or after 8:00 p.m. Saturday and Sunday.

(4)

Solid waste collection. Solid waste collection which creates a noise disturbance before 6:00 a.m. or after 9:00 p.m. is prohibited.

(5)

Horns. The operation of horns or other signal devices which creates a noise disturbance, except when necessary to provide a signal of imminent warning or danger, is prohibited.

(6)

Vehicles. The unnecessary operation of any vehicle engine which creates a noise disturbance is prohibited. The operation of any vehicle so out of repair, so loaded or in such manner as to create a noise disturbance is prohibited. No person shall operate a motor vehicle so as to brake or slow the vehicle through the use of compression release engine brake or engine brake (commonly known as "Jake braking") or by any other method which produces a noise disturbance.

(d)

Restriction on use of sound equipment in a residential area:

(1)

This subsection (d) applies to property zoned as residential, except as noted for RIZ areas and outlines restrictions for use of sound equipment without a permit.

(2)

A person may not use sound equipment that produces sound that is plainly audible beyond the property boundary of the source between 9:00 p.m. and 10:00 a.m.

(3)

In a multifamily dwelling, a person may not use sound equipment that produces sound in excess of 55 dB(C) in any adjacent unit between 10:00 a.m. and 10:00 p.m.

(4)

In a multifamily dwelling, a person may not use sound equipment that produces sound that is plainly audible within any unit that is not the source of the sound between 10:00 p.m. and 10:00 a.m.

(5)

In a hotel, bed and breakfast, or other temporary dwelling place, a person may not use sound equipment that produces sound that is plainly audible within any unit that is not the source of the sound.

(6)

In a permanent structure designated as a church or religious establishment, a person may not use sound equipment that produces sound in excess of 75 dB(C) after 8:00 p.m. or before 8:00 a.m.

(e)

Restriction on use of sound equipment in a residential impact zone.

(1)

This subsection applies to property identified by the residential impact zone (RIZ).

(2)

The accountable official may issue a venue sound permit, a short-term sound permit, or an outdoor event sound permit, as authorized by this section, for property that is within a RIZ for operation of sound equipment between the hours of:

a.

10:00 a.m. and 8:00 p.m. on Sunday through Thursday;

b.

10:00 a.m. and 10:00 p.m. on Friday or Saturday; or

c.

10:00 a.m. and 10:00 p.m. on Sunday through Thursday and 10:00 a.m. to 1:00 a.m. the following morning on Friday or Saturday, based on the code compliance history of the site.

(f)

Exemptions. This section does not apply to:

(1)

An employee of a governmental entity engaged in the employee's official duty;

(2)

A city-approved event at a stadium or ball-park during a sports event;

(3)

An authorized parade or street event;

(4)

Operating a bell for a religious activity;

(5)

Emergency vehicles;

(6)

Audible warning device on a vehicle or train as required by state law;

(7)

Airport or railway transportation; or

(8)

A person or venue that has been issued a permit that authorizes the use of sound equipment.

(g)

Permits and permit process.

(1)

A permit is required to operate sound equipment which will be plainly audible to the public as prescribed by this section.

(2)

A permit is required to use sound equipment for music that involves the amplification of sound from instruments, vocal and instrument microphones, turntables, and digital or analog devices used as part of a performance requiring human operation.

(3)

A permit is required for non-amplified and acoustic performances, if the sound produced is plainly audible to the public as prescribed by this section.

(4)

A permit is required to authorize non-peak hour construction which is likely to create a noise disturbance.

(h)

Sound permits.

(1)

Venue sound permit. A permit may be granted for a maximum of one year, wherein the producer and venue are in compliance with all items designated below:

a.

Up to 75 dB(C), when measured for two minutes at any property boundary.

b.

Between the hours of 10:00 a.m. and 10:00 p.m. on Sunday through Thursday and 10:00 a.m. and 1:00 a.m. the following morning on Friday or Saturday.

c.

In appropriately zoned areas of the city.

(2)

Short-term sound permit. A permit may be granted for a maximum of 24 hours, wherein the producer and venue are in compliance with all items designated below:

a.

Up to 75 dB(C), when measured for two minutes at any property boundary.

b.

Between the hours of 10:00 a.m. and 10:00 p.m. on Sunday through Thursday and 10:00 a.m. and 12:00 midnight on Friday or Saturday.

(3)

Outdoor event sound permit. A permit may be granted for a maximum of four days, wherein the producer is in compliance with all items designated below:

a.

Up to 85 dB(C), when measured for two minutes at 200 feet from the source.

b.

Up to 75 dB(C), when measured for two minutes at any property boundary.

c.

Between the hours of 10:00 a.m. and 10:00 p.m.

(i)

Permit process.

(1)

Application submitted to the accountable official, along with payment of application fee.

(2)

Notices of application are sent within 14 days after receipt of fully completed application. (See subsection (n) of this section for notice detail.)

(3)

Accountable official shall issue a report and decision within 30 days after receipt of fully completed application.

(4)

If the permit application is to be granted, the permit fee must be paid in full before the permit will be issued.

(j)

Permit review.

(1)

After receiving an application, the accountable official shall conduct an application review, based on the type of permit sought and its potential impacts to the surrounding community. The application review may include on-site assessments and sound measurements, discussions with nearby residents and business owners, and any additional research relevant to assessing potential impacts.

(2)

Within 30 days of receiving a completed application, the accountable official shall prepare a report detailing any conditions and restrictions. If necessary to protect public health and safety, the accountable official may recommend limits on attendance and capacity and more restrictive decibel (db(C)) limits and hours and operation than required under the permit restrictions. The report shall note approval or denial of the sound permit and shall outline the reasoning for the decision.

(3)

The accountable official shall base the report on the following factors:

a.

Suitability of the site for music based on topography and proximity to existing and future residential, commercial, and civic uses;

b.

Size and capacity of the site or venue covered by the permit;

c.

Sound-mitigating design features proposed in the application, including building design, stage construction and orientation, buffering, size, location, and orientation of speakers;

d.

Restrictions on decibel (db(C)) levels or hours of operation proposed by the applicant, if any, beyond those required by this section for the permit sought;

e.

Ownership and operation of decibel (db(C)) meters;

f.

Availability of a responsible party to attend and monitor music events;

g.

Potential for additional sound mitigation; and

h.

The history of noise complaints and violations at the site, as verified by the chief of police or the accountable official.

(k)

Application requirements.

(1)

An application for a sound permit must include:

a.

The name, address, and telephone number of the applicant;

b.

The address or a description of the location of the property where the sound equipment will be used;

c.

The times of day and days of the week during which the sound equipment will be used;

d.

An event impact plan as required by subsection (l) of this section;

e.

The application fee; and

f.

A statement that the applicant has read and understands the city sound ordinance and is willing to comply with the rules established therein.

(2)

An application for a short-term sound permit or an outdoor event sound permit shall be submitted no later than 30 days prior to the start of a proposed multi-day event.

(l)

Event impact plan.

(1)

An event impact plan is required with each application for venue sound permit, short-term sound permit, or outdoor event sound permit.

(2)

An event impact plan must include specifications of the following elements:

a.

Stage construction and orientation;

b.

Size, location, and orientation of speakers; and

c.

A sound buffering plan.

(3)

Information specifying the following:

a.

Availability of on-site sound level meter;

b.

Identification and contact information of a minimum of two responsible persons to be present at events requiring the use of sound equipment;

c.

Anticipated attendance, based on event capacity and promotion;

d.

Availability of parking for motor vehicles and event service vehicles; and

e.

Availability of food and alcohol.

(4)

An event impact plan may include more restrictive decibel (db(C)) levels than outlined in this section, as well as limits on attendance, capacity, and hours of operation.

(m)

Additional review for temporary events. The accountable official shall consider the following factors in reviewing an application for short-term sound permit or an outdoor event sound permit:

(1)

Anticipated attendance, based on event capacity and promotion;

(2)

Likely impacts on traffic and public right-of-way;

(3)

Availability of parking and loading for motor vehicles and parking for bicycles;

(4)

Adequacy of planning for security and emergency services;

(5)

Level of event insurance coverage;

(6)

Availability of food and alcohol and appropriate permits for such;

(7)

Cumulative impacts of events in the vicinity of the proposed event, for which permits have been issued or applications submitted; and

(8)

Public health and safety.

(n)

Notice of application.

(1)

Not later than the tenth day after receiving a permit application, the accountable official shall provide notice of the application under this section.

(2)

The accountable official shall mail notice to:

a.

The applicant;

b.

The owner of a single-family property located within 200 feet of the site or property included in the application;

c.

Owner and/or property manager of a multifamily property located adjacent to the site or property included in the application; and

d.

Any registered neighborhood organizations or homeowners associations, whose declared boundaries are within 200 feet of the site or property included in the application.

(3)

Notice required under this section must:

a.

Describe the general nature of the application;

b.

Identify the applicant and the location of the site or property included in the application;

c.

Describe:

1.

The venue and duration of proposed events;

2.

The size of the venue and anticipated attendance; and

3.

Whether the sale or consumption of alcohol will be allowed at the event.

d.

Provide contact information for the accountable official;

e.

State the earliest date that a decision on the application may be made; and

f.

Describe the requirements for becoming an interested party and for appealing a decision on the application.

(4)

Notice required under this section is effective on the date a letter is deposited in a depository of the U.S. Postal Service, postage paid, and addressed to:

a.

An applicant, by mailing notice to the property owner or agent at the address shown on the application;

b.

A notice owner of real property, by mailing notice to the owner shown on the records of the county tax appraisal district;

c.

A record owner of real property, by mailing notice to the owner at the street address of the property or, if the property does not have a street address, to the return address shown on the deed; and

d.

A neighborhood organization or homeowners' association, by mailing notice to the agent or officer of the organization.

(5)

Notice by hand delivery may be substituted for notice by mail if the addressee provides a receipt of delivery.

(6)

The accountable official shall forward notice provided under this section to appropriate city staff, including, but not limited to, the city police department, fire department, and fire marshal.

(7)

Within 14 days after notice is provided under notice of application, an applicant for a temporary event permit may voluntarily revise the application to request a permit of shorter duration. Such revision does not create a requirement of additional notice.

(o)

Permit and application fees. The city council will establish application and permit fees by separate ordinance or resolution.

(p)

Administrative appeals.

(1)

If the accountable official denies an application for a sound permit under this section, an applicant may appeal the decision to the city council.

(2)

An appeal must be filed with the city secretary, in writing, no later than the tenth day after the date the decision is issued and must describe the decision being appealed and the specific grounds for the appeal.

(3)

No later than the 30th day after receiving a request for an appeal, the mayor shall schedule a hearing to consider the appeal.

(4)

The city council may sustain, reverse, or modify the action appealed. The city council's decision is final.

(q)

Enforcement and penalties.

(1)

Sound measurement criteria.

a.

For purposes of this section, sound measurements will be made using a type 1 sound level meter with a ½-inch free-field microphone and wind screen, using both the C weighting network and the slow meter response as specified by the American National Standards Institute (ANSI).

b.

Measurement times will be no less than two minutes in length and violations will be determined based on the cumulative average reading registered in that measurement period.

c.

All measurement levels will be exclusive of any peaked ambient noise that exists at the time of the measurement, such as a train whistle or a passing airplane.

(2)

Enforcement. The provisions of this section shall be enforced by the police department and code compliance department or the accountable official.

(3)

Penalties.

a.

A person commits an offense if the person makes noise in violation of this section.

b.

An offense under this section is a Class C misdemeanor, punishable by a fine of not more than $500.00.

c.

Each occurrence of a violation constitutes a separate offense and may be punished separately.

d.

A violation of this section is a nuisance. The prosecution of an offense under this section does not limit the city's right to abate the nuisance, including the use of injunctive or other civil relief.

(4)

Denial of permit for repeated offenses. The accountable official may refuse to issue a permit or to renew an existing permit if:

a.

The permit holder is convicted of more than two violations of a permit issued under this section;

b.

The venue where the sound equipment will be used is the location of more than two violations of a permit issued under this section, and the location has not changed ownership within the permit period; or

c.

A previously issued sound permit has been revoked from the permit holder or from the location identified in the sound permit application.

(5)

Revocation of sound permit. The accountable official shall revoke a permit issued under this section if:

a.

The permit was issued in error;

b.

The permit holder has not complied with the requirements of this section;

c.

If the permit holder is convicted of more than two violations of a permit issued, during the duration of that permit; or

d.

If two or more conditions of the event impact plan have been violated and the responsible person as identified on the permit application has failed to correct the violations after notification.

A revocation order remains in effect indefinitely, including during the pendency of an appeal under this section.

(Code 1994, § 7.202; Ord. No. 20A, § II, 12-4-1962; Ord. No. 527, § 1, 11-14-2011; Ord. No. 551, § 1, 4-8-2013)