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HomeMy WebLinkAbout~Master - Regulating Noise ORDINANCE NO . 2608 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES , IOWA BY ADDING THERE- TO A NEW CHAPTER TO BE NUMBERED 23-1/2 AND ENTITLED "NOISE CONTROL" FOR THE PURPOSE OF REGULATING NOISE AND SOUND WITHIN THE CITY OF AMES ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF THE CONFLICT ; PROVIDING A PENALTY AND ESTABLISH- ING AN EFFECTIVE DATE . BE IT ORDAINED , by the City Council of the City of Ames , Iowa : Section One . That the Municipal Code of the City of Ames , Iowa shall be and is hereby amended by adding there- to a new chapter , said new chapter to read as follows : "CHAPTER 23-1/2 NOISE CONTROL Sec . 23-1/2 - 1001 Purpose - It is the purpose of this chapter to pre- vent excessive sound which is a serious hazard to the public health and welfare and to the quality of life in the City of Ames . Sec . 23-1/2 - 1002 Definitions - All terminology used in this chapter and not defined below , shall be in conformance with applicable publications of the American National Standards Institute (ANSI ) or its successor body. 1 . A weighted sound level ( 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 dB( A) or dBA. 2 . Decibel means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is denoted as dB . 3 . Emergency Work means work made necessary to restore property to a safe condition following a public calamity , work to restore public utilities , or work required to protect persons or property from an imminent danger. 4 . Emergency Vehicle means a motor vehicle used in response to a (public ) calamity or to protect persons or property from imminent danger. 5 . Gross vehicle weight means the value specified by the manufacturer as the loaded weight of a vehicle . 6 . Person means any individual , association , partnership , corporation or officer thereof. 7 . Sound means a temporal and spatial oscillation in pressure , or other physical quantity , in a medium with internal Forces that causes com- pression and rarefaction of that medium, and which propagates at finite speed to distant points . -2- 8 . 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 cali- brated and the instrument is of Type 2 or better as specified in American National Standards Institute Publication SI . 4-1971 , or its successor publication . 9 . Zoning designations means the residential , commercial and industrial categories of land use . Sec . 23-1/2 - 1003 Measurement of Noise and Sound - The measurement of sound or noise 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 during measurement shall be positioned so as not to create any 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. Sec . 23-1/2 - 1004 1 . No person shall engage or participate in the making and creating of an excessive or unusually loud sound within the city heard and measured in the manner prescribed below , except when done under and in compliance with a permit issued pursuant to this chapter. 2 . It shall be the duty of persons in a position of ownership , possession or control of premises to prevent such premises from being the site of activities producing sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section . 3 . It shall be the duty of persons in positions of leadership or responsibility with respect to unincorporated associations , groups , gatherings and assemblages of people to pre- vent such from causing or making sound levels in excess of what is permitted under this chapter . Failure or refusal to perform such duty shall constitute a violation of this section . 4 . For the purpose of determining and classifying any sound as excessive or unusually loud , the following test measurement and requirements are to be applied : a. The sound shall be measured at the property line of the complaintant lying between the sound source and the complaintant . b . Where no property line exists between the sound source and the complaintant , the sound shall be measured at a distance of • -3- at least 25 feet from the sound source . C . The sound shall be measured on a sound level meter of standard design and quality operated on the "A" slow response weighting scale . d. A sound measured or registered in excess of the maximum permitted levels according to the following table , is declared to be excessive and unusually loud and is unlawful . Zoning desig- Maximum num- nation of the ber of deci- property on bels permitted. which the sound is measured Residential 60 Commercial 65 Industrial 80 Sec. 23-1/2 - 1005 Vehicle Noise Limits - It shall be unlawful for any person to operate or for the owner to cause or per- mit to be operated within the public right of way in this city , any motor vehicle which emits a noise in excess of the dB(A) level established in this section . 1 . The maximum allowable noise levels for motor vehicles are listed in the following table : Type of Vehicle Maximum number Minimum measure- of decibels ment distance permitted from vehicle Motor vehicles weighing 10 ,000 pounds or less , 84 dB (A ) 25 feet gross vehicle weight Motor vehicles weighing more than 10 ,000 93 dB(A) 25 feet pounds , gross vehicle weight Motorcycles 93 dB (A) 25 feet -4- 2 . This section applies to the total noise from a motor vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this ordinance . 3 . No person shall modify the exhaust system of a motor vehicle or any other noise abatement device of a motor vehicle operated in this city in a manner that the noise emitted by the motor vehicle is above that emitted by the vehicles as originally manufactured. Muffler cut-outs , by-passes , or other devices which increase sound emitted shall be un- lawful . a. No person shall operate a motor vehicle in this city with an exhaust system or noise abatement device so modified. 4. The sound shall be measured on a sound level meter of standard design and quality operated on the "A" slow response weighting scale . Sec . 23-1/2 - 1006 Permits - applications for a permit for relief from the provisions of this ordinance may be made to the City Manager, or a duly authorized representative , pursuant to the following procedure : 1 . All permits must be applied for in writing during normal business hours stating what devices are to be employed, where they are to be employed, on what date ( s ) and at what times of day they are to be used, the nature of the sounds to be produced or amplified and the number of people in attendance , and the per- sons responsible for the activity. 2 . Permits granted shall state with reasonable specificity the date ( s ) , location( s ) , time ( s ) , nature of the sound , devices permitted , number of people in attendance , and the per- sons responsible for the activity. 3 . Permits shall not be arbitrarily or unreason- ably withheld nor shall the free expression of ideas or lawful speech be restrained but sound and noise producing conduct having no communi- cative value and serving only to unreasonably disturb and disrupt the enjoyment of residences and normal pursuits shall be restrained. 4 . The City Manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. Sec . 23-1/2 - 1007 Maximum Sound to be Permitted - When a permit has been issued pursuant to Section 23-1/2 - 1006 , the sound levels listed in the following table shall be the maximum levels permitted : 1 . The appropriate duration for each level shall not be exceeded. -5- Sound Level Limit ( dBA) * Duration 80 24 hours 83 12 hours 86 6 hours 89 3 hours 92 1 . 5 hours 95 45 minutes 98 22 minutes 101 11 minutes 105 5 minutes *The sound level shall be measured at a distance of 50 feet from the sound source . 2 . Sound emitted in excess of 105 dB(A) shall at all times be considered unlawful . Sec . 23-1/2 - 1008 Exceptions - The requirements , prohibitions , and terms of this ordinance shall not apply to emergency work or to any authorized emergency vehicle , when responding to an emergency call or acting in time of emergency. The terms of this section shall not apply to those activities of a temporary duration , permitted by law and for which a license or permit therefore has been granted by the City, including but not limited to parades , fireworks displays , and the outdoor warning system. Also excepted are non-professional athletic contests dnd all construction work. Section Two. Violation of this ordinance shall con- stitute a misdemeanor punishable by fine not to exceed $100. 00 or imprisonment for not more than 30 days . Section Three . It is intended that each section , paragraph, sentence , clause and prevision of this ordinance is separable , and if any provision is held unconstitutional or invalid for any reason , such decision shall not affect the remainder of this ordinance , nor any part thereof other than that affected by such decision . Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict . Section Five . This ordinance shall be in full force and effect from August 15 , 1977 , and after its passage and publication as required by law. Passed this 28 __day of June 1977 • Mary Er Paul , City Clerk Lee Fellinger, Mayor Published this day of 1977.