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HomeMy WebLinkAboutA001 - proof of publicaiton, July 13, 1977 8. Sound Level Meter means an instrument, including a LEGAL NOTICE microphone, amplifier, ORDINANCE NO.2608 output meter and weighting AN ORDINANCE TO AMEND networks,that is sensitivis to Proof of Publication in The THE MUNICIPAL CODE OF pressure fluctuations. The THE CITY OF AMES, IOWA BY output meter reads sound AMES DAILY TRIBUNE ADDING THERETO A NEW pressure level in decibels CHAPTER TO BE NUMBERED when properly calibrated 23-1/2 AND ENTITLED "NOISE and the instrument is of OL" FOR THE PUR- Type 2 or better as specified CONTR POSE REGULATING NOISE in American National STATE OF IOWA,STORY COUNTY,ss. ANDSOUNDWITHIN THE CITY Standards Institute OF AMES; REPEALING ALL Publication SI. 4-1971, or its ,Xsr�r�F a�Y� ORDINANCES OR PARTS OF successor publication. I, txIIniS Jx�fernCe, W. T. Farley On oath ORDINANCES IN CONFLICT 9. Zoning designations means depose and say that I am pKbbftiti foreman of HEREWITH TO THE EXTENT the residential, commercial OF THE CONFLICT; and industrial categories of the AMES DAILY TRIBUNE, a daily and use. PROVIDING A PENALTY AND newspaper, printed at Ames, Story County, ESTABLISHING AN EF- Sec. 23-emen3 FECTIVE DATE. Measurement of Noise and Ordinance Sound—The measurement of Iowa;that the annexed printed BE IT ORDAINED, by the City sound or noise shall be made Council of the City of Ames, Iowa: with a sound level meter #2608 Section One.That the Municipal meeting the standards Code of the City of Ames, Iowa shall be and is hereby amended by prescribed by the American National Standards Institute. adding thereto anew chapter,said The instrumenTs shall be' new chapter to read as follows: maintained in calibration and was published in said newspaper for 1 "CHAPTER23-V2 good working order. A cTU NOISE CONTROL calibration check shall be consecutive weeks,the first T Y 131 Sec. 23-1/2-1001 made of the system at the time and the last of said publication was on the Purpose—it is the purpose of of any noise measurement. this chapter to prevent ex- Measurements recorded shall day of cessive sound which is a be taken so as to provide a y serious hazard to the public proper representation of the health and welfare and to the noise source. The microphone 19 quality of life in the City of during measurement shall be Ames. positioned so as not to create Sec. 23-1/2-1002 any unnatural enhancement or Sworn t0 before me and subscribed 1 my Definitions—All terminology diminution of the measured used in this chapter and not noise. A windscreen for the presence by Hlf11fKJ0MW e, W. T arley defined below, shall be in microphone shall be used conformance with applicable when required. The this 15 thday Jul r publications of the. American measurement shall be an A National Standards Institute weighted,slow response sound (ANSI) or its successor body. level. 19 1. A weighted sound level Sec. 23-V2-1004 (sound level) means the 1. No person shall engage or otary Public sound pressure level in participate in the making 8h 70 in and for Story County. decibels as measured on a and creating of an excessive sound level meter using the or unusually loud sound Fees, A weighting network. The within The city heard and level so read shall be measured in the manner designated dB (A) or dBA. prescribed below, except 2. Decibel means a logarith- when aone under and in mic and dimensionless unit compliance with a permit a. The sound shall be Residential 60 of measure often used in issued pursuant to this measured at the property Commercial 65 describing the amplitude of chapter. line of the complaintant Industrial 80 sound. Decibel is denoted as 2. It shall be the duty of per- lying between the sound Sec. 23-1/2-1005 dB. sons in a position of source and the com- 3. Emergency Work means ownership, possession or plaintant. per Vehicle Noise Limits shall be unlawful for any person to work made necessary to control of premises to b. Where no property line operate or for the owner to restore property to a safe prevent such premises from exists between the sound cause or permit to be operated condition following a public being the site of activities source and the com- within the public right of way calamity, work to restore producing sound levels in plaintant, The sound shall in this city,any motor vehicle public utilities, or work excess of what is permitted required to protect persons under this chapter. Failure which emits a noise in excess or property from an im- or refusal to perform such of the dB(A) level established minent danger. t a n this section. nce 4. Emergency Vehicle means duty shall constitute a of at measur eetfro ache violation of this section. of at least 25 feet from the 1. The maximum allowable a motor vehicle used in 3. It shall be the duty of per sound source noise levels for motor response to a (public) . sons in positions of c. The sound shall be vehicles are listed in the calamity or to protect leadership or responsibility measured on a sound following table: persons or property from with respect to unin- level meter of standard imminent danger. corporated associations, Type Maximum Minimum design 5. Gross vehicle weight means gn and quality number of measure- ihe value specified by the groups, gatherings and operated on the"A" slow Vehicle decibels ment dis- manufacturer The loaded assemblages of people to response weighting scale. permitted tance frorr weight of a vehicle. prevent such from causing d.A sound measured or vehicle or making sound levels in registered in excess of the 6. Person means any in- excess of what is permitted dividual, association, maximum permitted ,Motor vehicles 84 dB(A) 25 feet dividal, as under this chapter. Failure levels according to the weighing 10,000 partnership, corporation or or refusal to perform such following table, is officer thereof. dutyshall consfifufA pounds less, 7.Sound means a temporal declared to be excessive gross vehicle violation of This section. and unusually loud and is weight and spatial oscillation in 4. For the purpose of deter- unlawful. pressure, or other physical mining and classifying any Zoning designation Maximum Motor vehicles 93dB(A) quantity, in a medium with sound as excessive or 25 feet internal forces that causes unusually loud, the of the property number of weighing more compression and rarefac- following test measurement on which decibels per- than 10,000 tion of that medium, and and requirements are to be the sound milted. pounds, gross which propagates at finite applied: is measured vehicle weiqht speed to distant points. Motorcycles 93 dB(A) 25 feet 2. This section applies to the 1. The appropriate duration total noise from a motor vehicle and shall not be for each level shall not be construed as limiting or exceeded. precluding the enforcement Sound Level Duration of any other provisions of Limit (dBA)' 24 hours this ordinance. 80 3. No person shall modify the 83 12 hours exhaust system of a motor 86 6 hours vehicle or any other noise 89 3 hours abatement device of a motor 92 1.5 hours vehicle operated in this city 95 45 minutes in a manner that the noise 98 22 minutes emitted by the motor vehicle 101 11 minutes is above that emitted by the 105 5 minutes vehicles as originally The sound level shall be manufactured. Muffler cut- measured at a distance of 50 outs, by-passes, or other feet from the sound source. devices which increase 2. Sound emitted in excess of sound emitted shall be 105 dB(A) shall at all times unlawful. be considered unlawful. a. No person shall operate a Sec. 231/2-1008 motor vehicle in this city Exceptions—The with an exhaust system or requirements, prohibitions, noise abatement device and terms of this ordinance so modified. shall not apply to emergency 4. The sound shall be work or to any authorized measured on a sound level emergency vehicle, when meter of standard design responding to an emergency and quality operated on the call or acting in time of "A" slow response emergency. The terms of this weighting scale. section shall not apply to those Sec. 23-1/2-1006 activities of a temporary Permits—applications for a duration, permitted by law permit for relief from the and for which a license or provisions of this ordinance permit therefore has been may be made to the City granted by the City, including Manager,Or a duly authorized but not limited to parades, representative, pursuant to fireworks displays, and the the following procedure: outdoor warning system. Also 1. All permits must be applied for in writing during normal business hours stating what devices are to be employed, excepted are non-protessional where they are to be em- ployed,on what date(s) and athletic contests and all at what times of day they construction work. are to be used,the nature of Section Two. Violation of this the sounds to be produced or ordinance shall constitute a amplified and the number of misdemeanor punishable by fine people in attendance, and not to exceed $100.00 or im- the persons responsible for prisonment for not more than 30 the activity. days. 2. Permits granted shall state Section Three. It is intended with reasonable specificity that each section, paragraph, the date(s), location(s), sentence, clause and provision of time(s),nature of the sound, this ordinance is separable,and if devices permitted, number any provision is held un- ' of people in attendance, and constitutional or invalid for any The persons responsible for reason, such decision shall not the activity. affect the remainder of this or- 3. Permits shall not be ar- dinance, nor any part thereof bitrarily or unreasonably other than that affected by such withheld nor shall the free decisions. expression of ideas or lawful Section Four. All ordinances or speech be restrained but parts of ordinances in conflict sound and noise producing herewith are hereby repealed to conduct having no com- the extent of such conflict.• municative value and Section Five. This' ordinance serving only to shall be in full force and effect unreasonably disturb and from August 15,1977,and after its disrupt the enjoyment of passage and publication as residences and normal required by law. pursuits shall be restrained. Passed this 28 day of June, 1977. 4. The City Manager may Lee Fellinger prescribe any conditions or Mayor requirements deemed Mary E. Paul necessary to minimize City Clerk adverse effects upon the Published in The Ames Daily community or the Tribune, July 13, 1977. surrounding neighborhood. Sec. 23-1/2-1007 Maximum Sound to be Per- mitted—When a permit has been issued pursuant to Section 231/2-1006, the sound levels listed in the following table shall be the maximum levels permitted: