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9.12.050 Prohibited acts.

A. Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noisemaker's own premises or does not constitute an unreasonable disturbance to people lawfully on said premises.

B. Specific Prohibitions. The acts, as set forth in this section, arid the causing or permitting thereof, are declared to be in violation of this chapter.

1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

a. Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.060 of this chapter, except for activities for which a exception has been issued by the noise control office.

b. In such a manner as to exceed the levels set forth for public space in Table 1 of Section 9.12.060 of this chapter, measured at a distance of at least fifty feet (fifteen meters) from such device operating on a public right-of-way or public space.

2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 9.12.060 of this chapter, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the noise control office.

3. Street Sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area of the city except by exception issued by the noise control office. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed or permitted public entertainment events.

4. Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks' meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone.

5. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 9.12.060 of this chapter.

6. Construction/Demolition.

a. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between weekday hours of seven p.m. and seven a.m., or any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by exception issued by the community development department. (This section shall not apply to the use of domestic power tools as specified in subsection B 10 of this section.

b. Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

i. At Residential Properties. Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment: Single-Multi-Mixed FamilyfamilyResidential/ ResidentialResidentialCommercial Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m.75 dBA80 dBA85 dBA Daily, 7:00 p.m. to 7:00 a.m. and all day Sunday and legal holidays60 dBA65 dBA70 dBA Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment: Single-Multi-Mixed Family/Residential Commercial Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m. 60 dBA65 dBA70 dBA Daily, 7:00 p.m. to 7:00 am. and all day Sunday and legal holidays50 dBA55 dBA60 dBA

ii. At Business Properties. Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: Daily, including Sunday and legal holidays, all hours; maximum of 85 dBA. Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term operations of stationary equipment: Daily, including Sundays and legal holidays, all hours; maximum of 75 dBA. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order.

7. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (forty-six meters) from the source if on a public space or public right-of-way.

8. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

a. Between the hours of seven p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.070 of this chapter.

b. In such a manner as to exceed the levels set forth for public space land use in Table 1 of Section 9.12.060 measured at a distance not less than one hundred feet (thirty meters) from any point on the path of a vehicle operating on public space or public right-of-way.

9. Emergency Signaling Devices.

a. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection B 9 b of this section.

b. i. Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.

ii. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B 9 b i of this section shall not apply to such complete system testing. c. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within thirty minutes of activation.

10. Domestic Power Tools, Machinery.

a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real property line.

b. Operating a power blower in a residential zone or within two hundred feet of a residential zone between six p.m. and eight a.m., seven days a week.

c. Operating a power blower in any nonresidential zone between six p.m. and seven a.m., Monday through Saturday, or between six p.m. and eight a.m. Sunday.

d. Operating a power blower in such a manner as to exceed the following standard: MeasurementMaximum Noise Location Level, dBA 50 feet from the blower70dB

e. Operating a gasoline-fueled blower any time on a Sunday.

f. Any motor, machinery, or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 9.12.060 of this chapter.

11. Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels: Units Installed Before on or After 1-1-01 Measurement LocationdB(A)dB(A) Any point on neighboring property line, five feet above grade level, no closer than three feet from any wall. Outside the neighboring living area window nearest theequipment location, not more than three feet from the window opening, but at least three feet from any other surface.

Ord. 1327 § 2, 1997; Ord. 1273 § 2, 1994; Ord. 1261 § 2, 1994; Ord. 1159 § 5, 1990; Ord. 1032 § 2 (part), 1985