Guidelines for Sound
1. Notwithstanding the sound level meter standards described in this ordinance, it is nonetheless unlawful for any person to make, continue, or cause to be made or continued any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity. The factors which should be considered in determining whether a violation of this section exists include the following:
a) The sound level of the objectionable noise.
b) The sound level of the ambient noise.
c) The proximity of the noise to residential sleeping facilities.
d) The zoning of the area.
e) The population density of the area.
f) The time of day or night.
g) The duration of the noise.
h) Whether the noise is recurrent, intermittent, or constant.
i) Whether the noise is produced by a commercial or noncommercial activity.
j) Whether the nature of the noise is usual or unusual.
k) Whether the noise is natural or unnatural.
2. It is unlawful for any person to make, continue, or cause to be made or continued any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity. The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section:
a) Radios, Television Sets, Musical Instruments and similar stationary or mobile devices: Operating, playing or permitting the operation or playing of any radio, television set, audio equipment, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity. The operation of any such set, instrument, audio equipment, television set, machine or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
b) Loud Speakers (Amplified Sound): Using, or operating, or permitting to be used or operated, for any purpose, any loud speaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m. such that the sound therefrom creates a noise disturbance across a residential property line, or at any time exceeds the maximum permitted noise level for the underlying land use category, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued.
c) Loud Speakers (Amplified Sound): Using, or operating, or permitting to be used or operated, for any purpose, any loud speaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m. such that
the sound therefrom creates a noise disturbance across a residential property line, or at any time exceeds the
maximum permitted noise level for the underlying land use category, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued.
Permitting any noise disturbance that is:
- Plainly audible across property boundaries;
- Plainly audible through partitions common to two residences within a building;
- Plainly audible at a distance of 50 feet in any direction from the source of music or sound between the hours of 7:00 a.m. and 10:00 p.m.; or
- Plainly audible at a distance of 25 feet in any direction from the source of music or sound between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 6959 §2, 2007; Ord. 6328 § 1, 1996; Ord. 6273 §1 (part), 1996)
Exemptions
Entertainment Events
The provisions of this Title shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events and occasional public and private outdoor or indoor gatherings, public dances, shows, bands, sporting and entertainment events conducted between the hours of 7 a.m. and 10 p.m.