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HomeMy WebLinkAbout2025-11-17 Ordinance 3167_Noise ControlORDINANCE NO. 3167 AN ORDINANCE TO AMEND CHAPTER 52, NOISE CONTROL, BY REPEALING THE CURRENT CHAPTER IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF CHAPTER 52, NOISE CONTROL WHEREAS, the City of Waukee has established standards for the control of noise pollution in the City, thereby protecting the public's health, safety, and general welfare; AND, WHEREAS, in consultation with the City Attorney, the Waukee Police Department has determined that it is necessary to amend Chapter 52, Noise Control, to update definitions, rules and regulations; BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1. Waukee Municipal Code Chapter 52, Noise Control, should be and the same is hereby repealed and enacted in lieu thereof is as follows: 52.01 PURPOSE AND SCOPE. The purpose of this chapter is to establish standards for the control of noise pollution in the City, thereby protecting the public's health, safety, and general welfare. This chapter applies to the control of all noise originating within the limits of the City, except if a State or federal agency has adopted a different standard or rule than prescribed within this chapter, which preempts the regulation of noise from a particular source so as to render this chapter inapplicable. 52.02 DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms have the following meanings. Definitions of technical terms used in this chapter and which are not herein defined shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI). 1. "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ration of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals. 2. "Emergency" means any occurrence of sets of circumstances involving actual or imminent physical or psychological trauma or property damage and which demands immediate action. 3. "Emergency work" means any work performed for the purpose of alleviating or resolving an emergency or serious situation needing immediate attention on public property, streets, alleys, public infrastructure or utilities serving the public 4. "Grain elevator" means the grain elevator existing in the City on January 1, 2006. 5. "Motor truck" means every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over nine persons as passengers. 6. "Motor vehicle" means a vehicle which is self-propelled and not operated upon rails, or as defined in Code of Iowa Section321.1. 7. "Motorcycle" means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scooter but excluding a tractor, an autocycle, a low -speed electric bicycle, and a motorized bicycle, or as defined in Code of Iowa Section 321.1. 8. "Noise Disturbance" means any sound that disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, as well as those sounds prohibited by Section 52.04 of this chapter. 9. "Person," unless used in such a manner as to denote only a human being, means any firm, partnership, domestic or foreign corporation, association, joint stock company, trust or other association or entity, city, county or state government and subdivisions or agencies thereof; and the federal government and subdivisions and agencies thereof. 10. "Powered model vehicle" means any self-propelled, airborne, waterborne, or land borne model plane, vessel, or vehicle that is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. 11. "Public right-of-way" means the total area of land, whether reserved by public ownership or easement, that is reserved for the operation and maintenance of a legally established public roadway. This area shall be deemed to consist of two portions, a central traveled way including the shoulders and that remainder of both sides of the road, between the outside shoulder edges and the outer boundaries of the right-of-way, or as defined in Code of Iowa Section 318.1. 12. "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 division. 13. "Sport vehicle" means any motor -powered vehicle designed to carry at least one passenger or driver and equipped for use in racing or other recreational events or uses off of public right-of- way on public or private property; except, however, for the purposes of this chapter, any such vehicle that is licensed for use on the public highways is deemed a motor vehicle (or motorcycle if two- or three -wheeled) and not a recreational vehicle. Examples of recreational vehicles are snowmobiles, minibikes, stock cars and motorboats. 14. "Residential property" means any property on which is located a building, structure, unit or room used wholly or partially for living or sleeping purposes. 15. "Semi -tractor" means any vehicle weighing in excess of one and one-half tons having the capability of towing a semitrailer". 16. "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. 17. "Sound equipment" means any device, loudspeaker, amplifier, used for producing, reproducing, or amplifying sound; however, sound equipment does not include sirens and other equipment used to alert persons to the existence of an emergency; equipment used by law enforcement and other public safety officials in the performance of their official duties; church carillons, bells or chimes; mobile radio or telephone signaling devices; public announcement systems used by the City or at the Waukee football stadiums in conjunction with sporting events; or vehicle standard equipment used and intended for the use and enjoyment of the occupants of the vehicle, provided that the sound emitted from the vehicle does not exceed 75 dB(A) when measured at a distance of 25 feet. 18. "Sound Measurement Device" means an instrument, including a microphone, amplifier, output meter, and weighting networks, which is sensitive to pressure fluctuations. The meter reads sound pressure levels in decibels when properly calibrated and the instrument is of Type 2 or better as specified in American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters (S1.4-1971), and Preferred Center Frequencies for Acoustical Measurements (S 1.6-1960), or any subsequent nationally adopted standard superseding such standards. The level read shall be designated as dB(A) or dBA. "Decibel" means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound and is denoted as dB. 19. "Vehicle" means a motor vehicle, motorcycle, sport vehicle, motor truck or other means of conveyance on, along or adjacent to the public right of way. 52.03 NOISE DISTURBANCE PROHIBITED. It is unlawful for any person to willfully make, continue, cause, or allow any noise disturbance, as listed in Section 52.04 of this chapter, within the City. 52.04 SOUNDS NOT ALLOWED. A noise disturbance is any of the following sounds: 1. Alarm Testing. The sound emitted by the intentional sounding outdoors of any privately owned fire alarm, burglar alarm, siren, whistle, or similar stationary emergency signaling device for the essential testing of such device, when conducted between the hours of 5:00 p.m. and 8:00 a.m. 2. Vehicle Sound Devices. The sound emitted by any device within or on a vehicle, or other such standard equipment used and intended for the use and enjoyment of such vehicle's occupants while such vehicle is on the public right-of-way, if the sound emitted from the vehicle exceeds 75 dB(A) when measured at a distance of 25 feet. 3. Chain Saws. The sound emitted by powered tree trimming equipment operated between the hours of 9:00 p.m. and 7:00 a.m. 4. Construction Noise. The sound made by tools or equipment in the erection, demolition, excavation, drilling, or other such construction work between the hours of 9:00 p.m. and 7:00 a.m. when received at the real property boundary of residential property. 5. Engine Brake Noise. The sound made by an engine brake device of a vehicle. 6. Engine Repairs and Testing. The sound made by repairing, rebuilding, modifying, or testing any vehicle or when received between the hours of 9:00 p.m. and 7:00 a.m. 7. Injurious or Disturbing Sounds. Any sound that endangers or injures the health, safety, or welfare of a human being, disturbs a reasonable human being of normal sensitivities, or causes or tends to cause an adverse physiological or physical effect on human beings, or devalues or injures property. 8. Lawn and Garden Equipment. The sound emitted by powered lawn and garden equipment operated between the hours of 9:00 p.m. and 7:00 a.m. 9. Loading and Unloading. The sound made by outdoor loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, trash cans, containers, receptacles, and/or dumpsters when the sound is received between the hours of 10:00 p.m. and 7:00 a.m. 10. Musical Instruments. The sound made by a drum, horn, reed, and/or string instrument, or other musical instrument or device when the sound is received between the hours of 9:00 p.m. and 7:00 a.m. 11. Noisy Exhaust System. The sound made by any vehicle whose exhaust system is defective or has been modified to increase the noise coming from the muffler or exhaust equipment beyond that originally installed by the manufacturer of the vehicle when the vehicle was originally placed in service. 12. Off -Road Vehicle Noise. The sound made on private or City -owned property, other than a public right-of-way, by any off -road vehicle when received between the hours of 9:00 p.m. and 7:00 a.m.; provided, however, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress and egress for purposeful transportation is not a noise disturbance unless made so by some other provision of this chapter. 13. Powered Model Vehicles. The sound made by the operation of a powered model vehicle when received between the hours of 9:00 p.m. and 7:00 a.m. 14. Racing. The sound made by any vehicle on private property or public right-of-way during any racing event or time trial, whether organized or unorganized. 15. Screeching Tires. The sound made by the intentional screeching or squealing of the tires of any vehicle. 16. Selling By Hawking or Barking. The sound of selling by shout or outcry when made within the area of the City zoned residential or commercial. 17. Sound Equipment. The sound made by sound equipment operated upon the public right-of- way, in any building, or upon any public or private premises shall be classified as a noise disturbance if: (i) the sound is in excess of the maximum permitted levels shown in the chart below when measured at the property boundary (or anywhere within the property), or if in a park, approximately 200 feet from the source of the sound, or when a complaint is received at the nearest boundary of the property where the complaining party was disturbed; or (ii) the sound is of a nature that cannot accurately be measured by a sound level meter, and such sound is disturbing to a reasonable human being of normal sensitivities. MAXIMUM PERMITTED LEVELS Receiving Land Use Maximum Db Permitted Residential 65 between 7:00 a.m. and 10:00 p.m. 55 between 10:00 p.m. and 7:00 a.m. Commercial 70 Industrial 75 Park 65 Any person who operates or allows the operation of any sound equipment in violation of the maximum permitted levels listed above shall be subject to have the event stopped or the sound equipment turned off or reduced to a legal level. Such remedy shall be in addition to any other rights and remedies of the City. 18. Semi -Tractor Noise. The sound made on private or City -owned property by a semi -tractor and received at the real property boundary of residential property; provided, however, the sound made by a semi -tractor pulling a semitrailer when traveling to private property for the sole legitimate purpose of immediate delivery or picking up of goods so constituted to require transport by a semi -tractor trailer between the hours of 7:00 a.m. and 9:00 p.m., provided the driver possesses a legitimate bill of lading, is not a noise disturbance. In addition, the lawful operation of a semi -tractor in motion past a residential property, subject to the laws governing operation of a motor vehicle, for the purpose of travel or transport is not a noise disturbance, provided the semi -tractor does not park or stop at residential property and the driver/operator continuously stays in the driver's seat of the vehicle. 52.05 MEASUREMENT OF NOISE OR SOUND. The measurement of noise or sound shall be made with a sound measurement device meeting the standards prescribed by the American National Standards Institute. The instruments shall be maintained in calibration and good working order.. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone shall be positioned so as not to create an unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required.. 52.06 NOISE PERMIT FOR SOUND EQUIPMENT. (Repealed by Ordinance No. 2994 - Jul. 21 Supp.) 52.07 EXCEPTIONS. The provisions of this chapter do not apply to: 1. City Sanctioned or Sponsored Events. The emission of sound, including (but not limited to) sounds originating from musical instruments, sound equipment, or fireworks displays as defined in Code of Iowa Section 727.2(1)(b), incidental to any City -sanctioned and/or sponsored event. 2. Agricultural Equipment and Machinery. The emission of sound originating from agricultural equipment and machinery directly associated with agricultural operations, with the exception of mowers, on any parcel of land that is zoned A-1 (Agricultural District). 3. Alerting Persons of Emergency. The emission of sound for the purpose of alerting persons to the existence of an emergency. 4. Emergency or Critical Work by Governmental Agencies. The emission of sound in the performance of emergency or critical work by City, State or federal agencies or utilities operating under a franchise agreement with the City. 5. Rail and Air Transportation. Rail and air transportation and public mass transportation vehicles. 6. Discharge of Weapons. The emission of sound in the legal discharge of weapons by law enforcement. 7. Consumer Fireworks. The emission of sound in the legal discharge of consumer fireworks defined as set forth under Code of Iowa Chapter 100 at days and times prescribed by state or local laws. 7. The emission of sound in the operation of snow removal equipment. 8. Concrete Cutting During Construction or Paving. The emission of sound for the purpose of concrete cutting during the construction of paving, flatwork, sidewalks, driveways, and roadways. 9. Grain Elevator Operations. The emission of sound in conjunction with the operations directly associated with grain elevator operations. 10. School Events. The emission of sound by participants in events sanctioned by the Waukee Community School District, including (but not limited to) school band activities and sporting events. 11. The emission of sound from the operation of electrical generation equipment on governmental, commercial, and industrial properties during periods of an electrical utility outage. 12. The emission of sound in connection with the repair and/or testing of electrical generation equipment permanently situated on governmental, commercial, and industrial property interests for operation in the event of an electrical power failure. 13. The emission of sound from the operation of mowers, golf carts, and other equipment utilized for operational and maintenance activities on the real property known as Sugar Creek Golf Course. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 11th day of November, 2025, and approved this 11tit day of November, 2025. Courtney Clarke, Mayor Attest: %I(I41 A'L_ Rebecca D. Schuett, City Clerk