HomeMy WebLinkAbout2017-11-20-Ordinance 2863_Noise Control, Repeal Permit for Sound EquipmentORDINANCE NO.2863
AN ORDINANCE TO AMEND CHAPTER 228,WAUKEK MUNICIPAL CODE,NOISE
ORDINANCE)BY AMENDING CERTAIN SECTIONS RELATED TO SOUND
KQUIPMKNT AND NOISE PERMITS FOR SOUND EQUIPMENT
WHEREAS,Chapter 228 of the Waukee Municipal Code establishes standards for the connol
of noise pollution within the limits of the City in order to protect public health,safety,and
general welfare;AND,
WHEREAS,the City of Waukee has determined that certain sections within Chapter 228 shall
be amended to repeal any and all requirements for obtaining a noise permit for the operation of
sound equipment,with said noise equipment as defined by Chapter 228,Section 228.05(17).
BK IT ORDAINED by the City Council of the City of Waukee:
Section 1.Chapter 228,Waukee Municipal Code,Noise Ordinance,is hereby amended
by deleting Section 228.03(1),"Application",and renumbering each consecutive subsection in
numerical order.
Section 2.Chapter 228,Waukee Municipal Code,Noise Ordinance,is hereby amended
by repealing Section 228.05(17)and enacting in lieu thereof as follows:
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 ineter,and such sound is disturbing to a
reasonable human being of normal sensitivities.
MAXIMUM PERMITTED LEVELS
RECEIVING LAND USE
Residential
Commercial
Industrial
Park
MAXIMUM Db PERMITTED
65 between 7:00 a.m.and 10:00 p.m.
55 between 10:00 p.m.and 7:00 a.m.
70
75
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.
Section 3.Chapter 228,Waukee Municipal Code,Noise Ordinance,is hereby amended
by repealing Section 228.07 in its entirety and renumbering each consecutive subsection in
numerical order.
Section 4.Re ealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4.Severabili 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 6.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 20'"day of November,2017,and approved this 20 day of
November,2017.
illiam F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk