HomeMy WebLinkAbout2006-06-05-Ordinance 2581_Noise ControlORDINANCE NO.2581
]ORDINANCE AMENDING THE CODE OF ORDINANCES,CITY OF WAUKEE,
IOWA BY ADDING CHAPTER 228 REGARDING NOISE CONTROL
SECTION 1.INTERNAL REFERENCES.All references to section numbers in this
ordinance shall be to sections contained within Chapter 228 of the "2005 Waukee Code of
Ordinances"unless otherwise specified.
SECTION 2.AMENDMENT.Chapter 228,as set forth in Exhibit A attached hereto,is
hereby added to the 2005 Waukee Code of Ordinances.
SECTION 3.REPEALER.All parts of the "CODE OF ORDINANCES OF THE CITY
OF WAUKEE,IOWA,2005"in conflict herewith are hereby repealed.
SECTION 4.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,provision or part thereof not adjudged invalid
or unconstitutional.
SECTION 5.EFFECTIVE DATE.This ordinance shall be effective from and after the
final passage,approval and publication as provided by law.
PASSED AND APPROVED this 5'h day of June 2006.
ATTEST:
Jo
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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."Application"means the application submitted to the City requesting a noise
permit.
2."Emergency"means any occurrence of sets of circumstances involving actual or
imminent physical or psychological trauma or property damage which demands
immediate action.
3."Emergency work"means any work performed for the purpose of alleviating or
resolving an emergency.
4."Grain Elevator"means the grain elevator existing in the City of Waukee on
January 1,2006.
5."Motorcycle"means any two-or three-wheeled motor vehicle.
6."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.
7."Noise"means any sound which disturbs humans or which causes or tends to
cause an adverse psychological or physiological effect on humans.
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8."Noise disturbance"means those sounds defined as sounds not allowed in Section
228.05 of this chapter.]
9."Person"means,unless used in such a manner to denote only a human being,any
finn,partnership,domestic or foreign corporation,association,j oint 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 which 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 traveled portion of any street or alley or similar
place which is owned or controlled by the City or other governmental entity.
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."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.
14."Residential properly"means any property on which is located a building or
structure used wholly or partially for living or sleeping purposes.
15."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.
16."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 I
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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
enj oyment 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 twenty-five
(25)feet.
17."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 (S 1.6-1960),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.
§228.04 Noise Disturbance Prohibited.It is unlawful for any person to willfully
make,continue,cause or allow any noise disturbance within the City,
§228.0S
following sounds:
Sounds Not Allowed.The term "noise disturbance"means any of the
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 of9:00 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 of9:00 p.m.and 7:00 a.m.at the real
property boundary of residential property.
5.Engine Brake Noise.The sound made by an engine brake device of a diesel
engine truck.
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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 of9:00 p.m.and 7:00 a.m,at the real property boundary of residential
property.
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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 of9:00 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,hom,reed and/or string
instrument,or other musical instrument or device which is received between the
hours of9:00 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 of9:00 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 ofa powered model
vehicle which is received between the hours of9:00 p.m.and 7:00 a.m.at the real
property boundary of residential property.
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.I
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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
Sound in excess of the maximum permitted levels shall not be a noise disturbance
if such sound is emitted in accordance with a noise permit issued by the City.
§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 urroatural
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 Noise Permit for Sound Equipment.No person shall use,operate or
cause to be used or operated any sound equipment upon the public right-of-way,in any building
or upon any public or private premises,if the sound is in excess of the maximum permitted levels
under Section 228.05 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,unless such person has obtained a noise permit in accordance
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with this section,and the actnal use or operation of such sound equipment is not inconsistent
with statements made in the application,the condition imposed in the sound equipment permit or
the limitations specified in subsection 4 of this section.Any person who operates any sound
equipment in violation of this section,and without obtaining a noise permit,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.Upon applying for a
noise permit,the applicant shall deposit with the City the sum of$100.00.Such deposit shall be
returned to the applicant after the event for which the noise permit was obtained provided that all
of the conditions for issuance of the noise permit were fully complied with and satisfied.If the
applicant violates any conditions of the noise permit,the $100.00 deposit shall be forfeited to the
City.The forfeiture of the deposit shall be in addition to any other rights or remedies the City
may have for violation of the permit.Any person who disagrees with the decision of City
personnel that the $100.00 deposit shall be forfeited for noncompliance with conditions of the
permit may appeal such decision to the City Council.A noise permit shall not be transferable,
and it shall be conspicuously displayed on or adjacent to the sound equipment.
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1.Application for Permit.Applications for noise permits shall be made in writing to
the City Clerk or Deputy City Clerk and shall contain the following information:
A.Name,address,phone number(s)and signatnre of applicant.
B.The purpose for which the sound equipment will be used.
C.The location where the sound equipment will be used.1J
D.The number of days of use and proposed hours of operation of the sound
equipment.
E.A general description of the sound equipment,including the license
number of any motor vehicle upon which it is to be operated.
F.Any other information as may be required by the City Clerk or Deputy
City Clerk.
2.Permit Fee.A permit fee shall be paid by the applicant for the permit upon
submission ofthe application.The fee for a permit issued for activity in a
residential area is $50.00,and any other area $100.00.The fee is nonrefundable.
No fee is required for a noise permit issued to City,State or Federal government
or any governmental subdivision or agency thereof.
3.Issuance of Permit.Applications for noise permits shall be reviewed and then
issued or denied by either the City Clerk or his/her designee.The applicant may
appeal the denial of a noise permit by filing a written request for appeal with the
City Clerk or his/her designee,requesting that the denial of the application for
noise permit be reviewed by the City Council at the Council's next regularly l
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scheduled meeting.The City shall consider the following factors in connection
with the issuance of a noise permit:
A.The location of the proposed event or source of the noise in relation to
surrounding residences or businesses;
B.The time of day and day(s)of the week for which the permit is requested.
The City shall not issued a noise permit that extends after 10:00 p.m.on a
weeknight or after 11:00 p.m.on a weekend night or on the night of a
holiday,except in unusual circumstances,for good cause shown and
approval by the City Council;
C.The duration of the activity for which the noise permit is requested;
D.Whether the applicant has misrepresented any information in past noise
permits;
E.Whether the applicant has failed to comply with conditions set forth in
prior noise permits that have been issued by the City;
F.Whether the applicant has had prior violations of the noise ordinance;and
G.Such other considerations as are advisable to protect the health,welfare
and quality oflife for the residents and businesses of the City.
No person or establishment may be granted a noise permit between the hours of
9:00 p.m.and 7:00 a.m.more often than three (3)times in any calendar year,
except in unusual circumstances,for good cause shown and approval by the City
CounciL
4.Limitations.Any other language in this section to the contrary notwithstanding,a
sound equipment permit shall not be issued if:
A.The sound to be emitted by the sound equipment is other than human
speech or music.
B.The sound equipment is to be operated for commercial advertising
purposes or for the purpose of attracting the attention of the public to any
building,structure or vehicle for monetary profit or for the purpose of
advertising such sound equipment.
C.The sound to be emitted by the sound equipment would be a noise
disturbance under Section 228.05 of this chapter (other than subsection 16
of said section).
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A noise permit issued in violation of this subsection 4 is void and of no force and
effect.
15.Conditions.When a permit is issued pursuant to this chapter,the sound levels
listed in the following table shall be the maximum levels permitted when
measured at the edge of the City street,the alley right-of-way or the property line,
whichever reasonably appears to be the nearest to the source of the sound,or ifin
a park,approximately two hundred (200)feet from the source of the sound:
RECEIVING LAND USE MAXIMUM Db PERMITTED
Residential 75 between 7:00 a.m.and 10:00 p.m.
65 between 10:00 p.m.and 7:00 a.m.
Commercial 80
Industrial 80
Park 80
When granting the permit,the Council may impose lower sound level limits based
upon the location and length of the proposed event for which the permit is
requested and the Council may impose other reasonable conditions and
requirements to be met or fulfilled by the noise permit holder preliminary to or at
the time ofthe use or operation of the sound equipment.Such conditions shall be
those necessary or advisable to protect the health,welfare and quality oflife of
the residents of the City and may include,without limitation,restrictions on the
time of day the sound equipment can be used or operated and restrictions on the
length of time that the sound equipment may be used or operated.The permit
holder shall be responsible for monitoring the level of sound to ensure that the
conditions of the permit are not violated.
Should the person holding a permit not attentively observe all limitations and restrictions found
in this chapter and in the noise permit,the City authorities shall be authorized to stop such
permitted event or to tum the sound equipment off or reduce it to the level authorized by the
noise permit.
§228.08 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.
§228.09 Exceptions.The provisions of this chapter shall not apply to:
I.The emission of sound,including but not limited to sounds originating from
musical instruments,sound equipment,or fireworks display,incidental to any
City-sanctioned andlor 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 ofland that is zoned A-I (Agricultural District).
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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.
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.
§228.10 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 ofIowa.Each day that a violation occurs and/or is permitted to
exist constitutes a separate offense.
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