HomeMy WebLinkAbout2021-06-30-2281
NOISE CONTROL
§228.01 Purpose. 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.
§228.02 Scope of Regulations. This chapter applies to the control of all noise
originating within the limits of the City, except in the following cases:
1.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, or
2.The Council has determined that, by reason of public acceptance of the activity
producing a particular noise or noises, such noise is deemed acceptable to the
residents of the City.
§228.03 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 the chapter which are not herein defined shall be obtained from
publications of acoustical terminology issued by the American National Standards Institute
(ANSI):
1.“Emergency” means any occurrence of sets of circumstances involving actual or
imminent physical or psychological trauma or property damage which demands
immediate action.
2.“Emergency work” means any work performed for the purpose of alleviating or
resolving an emergency.
3.“Grain Elevator” means the grain elevator existing in the City of Waukee on
January 1, 2006.
4.“Motorcycle” means any two- or three-wheeled motor vehicle.
5.“Motor vehicle” means any motor-powered vehicle designed to carry at least one
passenger or driver and of the type typically licensed for use on the public
highways. “Motor vehicle” includes most motorcycles.
6.“Noise” means any sound which disturbs humans or which causes or tends to
cause an adverse psychological or physiological effect on humans.
7.“Noise disturbance” means those sounds defined as sounds not allowed in Section
228.05 of this chapter.
2
8.“Person” means, unless used in such a manner to denote only a human being, 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.
9.“Powered model vehicle” means any self-propelled, airborne, waterborne or land
borne model plane, vessel or vehicle which is not designed to carry persons,
including but not limited to, any model airplane, boat, car or rocket.
10.“Public right-of-way” means the traveled portion of any street or alley or similar
place which is owned or controlled by the City or other governmental entity.
11.“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.
12.“Recreational 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 which 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, mini-bikes, stock cars or motorboats.
13.“Residential property” means any property on which is located a building or
structure used wholly or partially for living or sleeping purposes.
14.“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.
15.“Sound equipment” means any radio, record player, tape deck or compact disc
player, loud speaker, amplifier, sound track or other device for producing,
reproducing or amplifying sound; except, 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
at the Waukee Football Stadium in conjunction with sporting events or
automobile and truck radios or players of recorded music such as compact discs
or tapes or other such standard equipment used and intended for the use and
enjoyment of the occupants of the vehicle, provided that the sound emitted from
3
the vehicle does not exceed 75 dB(A) when measured at a distance of twenty-five
(25) feet.
16.“Sound level meter” means an instrument, including a microphone, amplifier,
output meter and weighting networks, that is sensitive to pressure fluctuations.
The output meter reads sound pressure level 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 (S1.6-1960), or any subsequent nationally adopted standard
superceding such standards. A “weighted sound level” or “sound level” means
the sound pressure level in decibels as measured on a sound level meter using the
‘A’ weighting network. The level so 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.
17.“Semi Tractor” means any vehicle weighing in excess of 1 and ½ ton having the
capability of towing a semi trailer.
September 14, 2009 – Ordinance 2655
§228.04 Noise Disturbance Prohibited. It is unlawful for any person to willfully
make, continue, cause or allow any noise disturbance within the City.
§228.05 Sounds Not Allowed. The term “noise disturbance” means 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.Automobile Radios. The sound emitted by an automobile or truck radio, tape
deck or compact disc player, 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, provided that the sound emitted from the vehicle does not
exceed 80 dB(A) when measured at a distance of twenty-five (25) feet.
3.Chain Saws. The sound emitted by motor-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 privately owned and operated tools or
equipment in erection, demolition, excavation, drilling, or other such construction
work which is received between the hours of 9:00 p.m. and 7:00 a.m. at the real
property boundary of residential property.
4
5.Engine Brake Noise. The sound made by an engine brake device of a diesel
engine truck.
6.Engine Repairs and Testing. The sound made by repairing, rebuilding, modifying
or testing a motor vehicle or recreational vehicle which is received between the
hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential
property.
7.Injurious or Disturbing Sounds Generally. Any sound which 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 motor-powered, muffler-
equipped 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 which is received between the
hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential
property.
10.Musical Instruments. The sound made by a drum, horn, reed and/or string
instrument, or other musical instrument or device which is received between the
hours of 9:00 p.m. and 7:00 a.m. at the real property boundary of residential
property.
11.Noisy Exhaust System. The sound made by a motor vehicle or a recreational
vehicle whose exhaust system is defective or has been modified by the installation
of a muffler cutout or bypass.
12.Off-road Motorcycle and Recreational Vehicle Noise. The sound made on private
or City-owned property other than a public right-of-way by a motorcycle or
recreational vehicle and received between the hours of 9:00 p.m. and 7:00 a.m. at
the real property boundary of residential property; 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 provision of
this section.
13.Powered Model Vehicles. The sound made by the operation of a powered model
vehicle which is received between the hours of 9:00 p.m. and 7:00 a.m. at the real
property boundary of residential property.
5
14.Racing. The sound made by a motor vehicle or recreational 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 a motor vehicle.
16.Selling by “Hawking” or “Barking.” The sound of selling by shout or outcry
when made within the area of the City that is 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 either (a) 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, of a receiving land use, or if
in a park, approximately two hundred (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 (b) 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 any sound equipment in violation of the maximum
permitted levels listed above shall be subject to having 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 semi trailer when
traveling to private property for the sole legitimate purpose immediate delivery or
picking up of goods so constituted to require transport by a semi tractor trailer
between the hours of 7:00 AM and 9:00PM, 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 present purpose of travel or
transport is not a “noise disturbance” provided the semi tractor does not park or
6
stop at residential property and the driver/operator continuously stays in the
drivers seat of the vehicle.
September 14, 2009 – Ordinance 2655
§228.06 Measurement of Noise or Sound. The measurement of noise or sound
shall be made with a sound level meter meeting the standards prescribed by the American
National Standards Institute. The instruments shall be maintained in calibration and good
working order. A calibration check shall be made of the system at the time of any noise
measurement. 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. The measurement shall be an ‘A’ weighted, slow response sound level.
§228.07 Other Laws and Ordinances. No provisions of this chapter shall be
construed to legalize or permit sounds, devices or activities made unlawful by other ordinances
of the City or of State or Federal statutes.
§228.08 Exceptions. The provisions of this chapter shall not apply to:
1.The emission of sound, including but not limited to sounds originating from
musical instruments, sound equipment, or fireworks display, incidental to any
City-sanctioned and/or sponsored event.
2.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.The emission of sound for the purpose of alerting persons to the existence of an
emergency.
4.The emission of sound in the performance of emergency work by City, State or
Federal agencies or utilities operating under a franchise agreement with the City
of Waukee.
5.Rail and air transportation and public mass transportation vehicles.
6.The emission of sound in the legal discharge of weapons or in fireworks displays
licensed by the city.
7.The emission of sound in the operation of snow removal equipment.
8.The emission of sound for the purpose of concrete cutting during the construction
of paving, flatwork, sidewalks, driveways, and roadways.
9.The emission of sound in conjunction with the operations directly associated with
grain elevator operations.
7
10.The emission of sound by participants in events sanctioned by the Waukee 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 or industrial properties during periods of an electrical
utility outage.
February 6, 2012 – Ordinance 2708
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.
February 6, 2012 – Ordinance 2708
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.
June 18, 2018 – Ordinance 2891
§228.09 Penalty. Any person violating any provision of this chapter or any rule or
regulation adopted herein by reference shall be guilty of a Simple Misdemeanor punishable
through the imposition of a fine and/or term of imprisonment set forth in §103.4(A) of the
Waukee Municipal Code. Violations may also be prosecuted as municipal infractions subject to
the imposition of penalties and other relief as provided in Chapter 103 of the Waukee Municipal
Code and the law of the State of Iowa. Each day that a violation occurs and/or is permitted to
exist constitutes a separate offense.
June 5, 2006 – Ordinance 2581
(repealing requirement for permit for sound equipment) November 20, 2017 – Ordinance 2863