9.24 – Noise

The purpose of this Chapter 9.24 is to limit Noise-Generating Activities, which when conducted at specific times of the day, may annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of others within the City.  Noise-Generating Activity conducted in violation of the provisions of this Chapter 9.24 is hereby declared a public nuisance.

The following activities are hereby declared “Noise-Generating Activities” and are subject to the provisions as set forth in this Chapter 9.24:

The designations set forth below shall classify all properties within the corporate limits of the City into a Property Classification for purposes of establishing regulation of Noise-Generating Activities:

For purposes of this Chapter 9.24, a noise shall be determined to be “clearly audible” when noise generated by a Noise-Generating Activity can be heard and readily differentiated from any ambient noise in the vicinity, including noise generated by vehicle traffic.  A noise that is “clearly audible” may be constant, recurrent, or intermittent.

Locations used to determine if a noise is “clearly audible”:

1. Property line:  Noise shall be measured outside along the perimeter of the property, including within the public right-of-way adjacent to the property line.
2. Perimeter of the dwelling unit:  Noise shall be measured inside or outside the building at a location adjacent to the unit, including common use hallways within the building.

Provisions regulating Noise-Generating Activities on a property shall extend into all streets, including private streets and public rights-of-way, adjacent to said property.  Where properties with different Property Classifications are adjacent to the same street, the provisions shall apply to only half of the street directly adjacent to the property.

The restrictions set forth below shall apply to Mixed-Use Property as designated under Section 9.24.030, and any streets adjacent thereto:

The restrictions set forth below shall apply to Residential Property as designated under Section 9.24.030, and any streets adjacent thereto:

Noise-Generating Activities shall not be restricted on Non-Residential Property, except for Non-Residential Property Adjacent to Residential Property as set forth in Section 9.24.090.

The restrictions set forth in this section shall apply to Non-Residential Property adjacent to Residential Property, as defined in Section 9.24.030, and any streets adjacent thereto:

The activities set forth below shall be exempt from the provisions of this Chapter 9.24:

1. Activities conducted by any governmental entity.
2. Emergency building, infrastructure, or utility repairs in response to natural disasters, accidents, equipment or structural failures, or other public safety concerns.
3. Emergency noises, including:  the operation of any emergency vehicle or apparatus and related radios, sirens, horns, and bells; cries for assistance, warning calls, or sirens used to alert persons of an emergency, danger, or crime; security and fire alarms.
4. Snow removal.
5. Noise generated by the use of a property which is specifically regulated by the provisions of Title 17, Chapter 17.20, as amended, when a specific standard regulating noise levels or hours of operation is contained therein, including but not limited to Temporary Outdoor Entertainment and Outdoor Dining, as defined in Title 17.
6. Any noise generated by locomotive engines and train cars.
7. Parades, fireworks, cultural events/activities, special events and other activities authorized by the City Council.

Regulation of noise contained elsewhere in this code shall be separate from the provisions of this Chapter 9.24, including but not limited to provisions contained in Title 6, “Animals”; Title 10, “Vehicles and Traffic”; and Title 17, “Zoning”.  In case of conflict with this Chapter, the most restrictive regulation shall control.

It shall be unlawful for any person to make or to continue, cause or to knowingly allow a Noise-Generating Activity, as defined in Section 9.24.020, in violation of this Chapter.

Notwithstanding any other provision of this code, any person violating any provisions of this Chapter 9.24 shall be subject to a fine not less than those established in the schedule set forth below and not more than seven hundred fifty dollars ($750):

Description of Violation                                                                Minimum Fine Amount
First violation in any 365 day period                                                       $100.00
Second violation in any 365 day period                                                   $200.00
Third violation in any 365 day period                                                      $300.00
Fourth violation in any 365 day period                                                    $500.00
Fifth and subsequent violations in any 365 day period                            $750.00

For purposes of this Chapter 9.24, and in determining the appropriate amount due hereunder:

1. Each day a violation occurs or continues shall be deemed a separate violation.
2. All violations of any provision of this Chapter 9.24 that are committed by the same person, or any firm controlled by such person, shall be deemed a separate violation, regardless of whether or not the violations occur at the same location.

The occupant or the agent of the occupant of the property, who shall knowingly permit another person to create a noise or conduct an activity in violation of this Chapter, shall be deemed responsible for the noise or activity to the same extent as the person creating the noise or conducting the activity and shall be subject to the same penalty.

Any person in charge of operating, ordering, directing or allowing the operation or maintenance of the motor vehicle, device, or machine creating a Noise-Generating Activity as prohibited in this Chapter, shall be deemed guilty of violating this chapter.

Nothing in this Chapter shall be construed to impair, in any way, any cause of action or other legal or equitable remedy therefore of any person or the public for injury or damage arising from the emission or release into the atmosphere or ground from any source whatever of noise or earthshaking vibration in such place or manner or at such levels, so as to constitute a common law nuisance.