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HomeMy WebLinkAbout1973-09-11 OrdinanceFIRST DRAFT ORDINANCE NO. AN ORDINANCE ESTABLISHING THE REGULATION OF NOISE WITHIN THE CITY OF IOWA CITY, IOWA, ESTABLISHING THE STANDARDS FOR NOISE; ESTA- BLISHING`THE PROCEDURES FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR THE VIOLATION' THERE- OF AND REPEALING SECTIONS OF THE MUNICIPAL CODE OF IOWA CITY AND ALL ORDINANCES IN CONFLICTHEREWITH BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA.' SECTION I PURPOSE. The purpose of this Ordinance is to regulate noise levels within the City of Iowa City to establish the standards and limits for permitted noise within the City of Iowa City, Iowa; to provide the standards -for violation of this Ordinance and the enforcement of the Ordinance and to establish - penalties for the violation hereof and to repeal all 'ordinances in conflict herewith. SECTION II DEFINITIONS. As used in this Ordinance the following terms shall be defined as follows: - 1. "A" SOUND LEVEL: "A" Sound Level is the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit of measurement is the dB(A). 2. SOUND PRESSURE LEVEL: As "the sound pressure level, in decibels, of a sound is 20 times the lagarithm to the base, 10 of the _ratio of the pressure of this sound to the reference pressure (2 x 10-4 microbar)." 3. CITY MANAGER: The City Manager of the City :of Iowa City, Iowa; 4. raiERGENCY WORK: Emergency work is that work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger;- 5. anger; 5. MOTORIZED VEHICLE: A motorized vehicle is any passenger vehicle, motor- cycle, truck, truck -trailer, trailer, or semi -trailer propelled or drawn by motorized power; 6. ZONING DISTRICT: Those district established by the Iowa City, Iowa - Zoning Ordinance. SECTION III DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER. The duties of the City Manager or his duly authorized representatives shall be: 1. To supervise the execution of all laws, ordinances, rules and regulations pertaining to -noise -control. 2. To institute necessary legal proceedings to prosecute violations of this chapter regarding noise control and to compell the prevention and abatement of these violations; _2_ Ordinance No. 3. To investigate complaints of violations of this chapter and to make inspections and observations of noise conditions emanating from vehicular traffic or from other sources which are suspected to be in violation; 4. To advise, consult, and cooperate with other agencies of the state and federal government in the furtherance of the purposes of this ordinance; 5. To investigate and, make recommendations from time to time to the City Council with respect to needed additions or revisions of this ordinance; 6. To make inspections of newly installed, constructed, reconstructed;, repaired, or altered equipment and noise control devices (and noise abatement control devices) and to make annual or periodic inspections to determine whether compliance is being had with theprovisions -of -this ordinance;. - - 7. To develop plans and proposals for joint cooperative investigation and research with public and private agencies and organizations on methods for eliminating or reducing`noise -in violation of this chapter. 8. To enlist voluntary cooperation by the.public, municipalities, counties, communities, and 'civic, technical, scientific, and environmental societies; - 9. To collect, publish and disseminate appropriate educational literature and other information to the public for the purpose of advising of the necessity, purpose, and methods for noise abatement and reduction; . SECTION IV CERTAIN NOISES PROHIBITED. It shall be unlawful for any person to permit, make, continue,_or -cause _any- excessive or unusually loud noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the city. The standards which shall be considered in determining whether a violation exists shall include the following: - - - 1. The sound pressure level of the noise.- -- - - 2. Whether the nature of the noise is unual or unusual. 3. Whether the origin of the noise -is natural or man-made. 4. The sound pressure level of the background noise. 5. The proximity -of the noise to residential sleeping facilities. 6. The nature and zoning of the area within which the noise emanates. 7. The time of the day or night the noise occurs. 8. Whether the noise is recurrent, intermittent, or constant: _3_ Ordinance No. The following noises are; prohibited: 1. Horns, Signaling Devices, etc. The creating of sound by any horn or signaling device on any motor vehicle, automobile, motorcycle, or other vehicle on any street or public place of the city, except -as a danger warning;,the-creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sound of any such device for an unnecessary_ and unreasonable period of time. 2. Radios, Phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the -producing -or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. 3. Loud Speakers, Amplifiers for Advertising. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musciai instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any structure -or event. 4. Animal Noise. The keeping of any animal which by frequent or long continued noise shall cause a disturbance. 5. Steam [Thistles. The blowing of any locomotive signaling device or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities. 6. _Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise. 7. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and distru- ction of bales, boxes, crates and containers.- 8. Drums. The use of any drum or other instr-ment or device for the purpose of attracting attention by creation of noise to any performance, show, sale or event. 9. Construction or Repairing of Buildings, Structures, and Streets. The erection (including excavation), demolition, alteration, or repair of any building, -4 - Ordinance No. structure, or street other than between -the hours of seven (7) A.M. and seven (7) P.M., Monday through Saturday except in case of urgent necessity in the interest of public health and safety,, and then only with a permit from the Building Inspector, which permit may -be -granted for a period -not -to exceed three (3) days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building, or the excavation of streets and highways within the hours of seven (7) P.M. and seven (7) A.M. and if he shall further determine that loss or inconvenience would result to any interested party, he may grant permission for such work to be done within the hours of seven (7) P.M. and seven (7) A.M. - upon application being made at the time the permit for the work is awarded or during the progress of the work. These provisions will not apply to the per- - formance of necessary emergency work as defined in this ordinance. SECTION V NOISE PROHIBITED -- SOUND LEVEL PROVISIONS. The limiting noise levels specified in section V -shall be measuredinsubstantial conformity with the most recent applicable standards and recommended practices of The American National Standards Institute (ANSI), the Society of Automotive Engineers (SAE) and other standards and recommended practices that may be approved by the _Iowa City Council. A. Motorized Vehicles. It shall be unlawful to operate a motorized vehicle within the "'ity limits of Iowa City, Iowa, which creates a noise or sound which exceeds the noise levellimitsset out in Table I below. TABLE I LIMITING NOISE LEVELS FOR MOTOR VEHICLES _ (a) Trucks and Buses.- - - Over 10,000 pounds: 87 dB(A) measured at 50 feet -- maximum allowable limit Under 10,000 pounds 80 dB(A) measured at 50 feet -- maximum allowable limit (b) Passenger Cars: 78 dB(A) measured at 50 feet -- maximum allowable limit (c) Motorcycles, including other vehicles: 87 dB(A) measured at 50 feet - maximum allowable_ limit -5 - Ordinance No. -_ This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this ordinance or other ordinances relating to motor vehicle mufflers for noise control. B. It shall be unlawful to project a sound or noise, excluding noise emanating from cars, trucks, or motorcycles from one property into another within the boundary of a use district which exceeds the following limiting noise levels measured as dB(A): Residential 61 -- Commercial 63 -- Manufacturing 67. No person shall modify or change the exhaust muffler, intake muffler, or any other noise abatement device of a motor vehicle nor allow a noise abatement device to deteriorate or exist in a state of disrepair in a manner such that the noise emitted by the motor vehicle exceeds the noise level limits set out inTableI. No machinery or equipment, other than motorized vehicles or exempt machinery or equipment, shall be operated anywhere in the City of Iowa City which emits or causes noises or sound in excess of the levels specified, above`. in Section VB: Except that the following equipment is permitted: - Lawn mowers, garden tools and snow removal equipment shall meet the following noise limit measured as dB(A) at 50 feet. Manufactured after.1/1/72 -- 74 Manufactured after l/1/75 ---- 70 Manufactured after 1/l/78 --- 65 Noise present between t,e hours of 10:00 P.M. and 7:00 A.M. on Monday through Saturday or at anytime on Sunday or Holidays shall be five (5) dB(A) units below the level stated for all limits delineated. C. No person shall operate any engine -powered pleasure vessel, engine - powered craft or motorboat within the waterway of the City of Iowa City in such a manner as to exceed the following noise limit, as measured at a -distance of not less than 50 feet from the path of travel: - NOISE LIMIT before 1 January 1975, 85 dB(A) after_1 January 1975 76 dB(A) SECTION VI EXEMPTIONS. The following uses and activities shall be; exempt from noise level regulations. - - - - - - 1. Noises of safety signals when used solely for giving warning. 2. Emergency pressure relief valves. Ordinance No. any cause of action or legal remedy thereof 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 in such place or manner, at such levels so as to constitute a common-law nuisance. SECTION XI REPEALER. Section 8.10.19 A(s) of the Municipal Code of the City of Iowa City, Iowa, and any and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION XII SAVINGS CLAUSE. If any section, subsection, provision, sentence, clause, phrase, or part of this ordinance shall be adjudged invalid or unconsti- tutional by any .court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance asa whole or any section, subsection, provision, sentence, clause, phrase, or part of this ordinance not adjudged invalid or - unconstitutional. SECTION XIII EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Connell Czarnecki Hickerson White MAYOR ATTEST: -_ City Clerk 1st Reading 2nd Reading 3rd Reading - Passed and approved this - day of - - , A.D., 1973.' _6_ Ordinance No. 3. Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 4. Noises resulting from emergency work as defined in this ordinance. 5. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has-been granted by the City in accordance with this ordinance: SECTION VII APPLICATION FOR SPECIAL PERMIT. Applications for a permit: for relief from the noise level designated in this ordinance on the basis of -undue-- hardship may be.made to_the -City _Manager or his dulyauthorized representative. Any permitgrantedby the City Manager hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The City Manager or his duly authorized representa- tive may grant the relief as applied for if he finds: 1. That additional time is necessary for the applicant to alter or modify his activity or operation to comply with his ordinance; 2. The activity, operation, or noise source will be of temporary duration and cannot be done in a manner that would comply; 3. That no other reasonable alternative is avilable to the applicant; and - 4. The City Manager or his duly authorized representative may prescribe and conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. SECTION VIII ADDITIONAL REMEDY -- INJUNCTION. As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision hereof and which causes discomfort or annoyance to reason- able persons of normal sensitiveness or which endangers the comfort, repose, health or place of residence in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily be'a restraining order or injunction issued by a court of competent jurisdiction. SECTION IX MISDEMEANOR. -Any person, firm, or corporation who violates any oftheprovisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of from $1.00 to $100.00 or by imprisonment for from one to thirty days. SECTION X DAMAGES. Nothing in this ordinance shall be construed to impair