§ 11-25. Additional noise and noise activities prohibited by decibel level.

In addition to the noise and noise activities prohibited in sections 11-21, 11-22, 11-23, and 11-24, the following acts and activities are declared to be loud and disturbing noises in violation of this article:

(a)

Definitions and standards. All words used in this article shall be in conformance with applicable publications of the American National Standards Institute or its successor body. For the purpose of determining decibel levels, noise shall be measured on the A-weighing quality (slow response) having characteristics established by the American National Standards Institute. Nothing herein shall be construed to require the application of decibel level standards to the noise and noise activities prohibited in sections 11-21, 11-22, 11-23 and 11-24 hereinabove.

(b)

Amplified sound. It shall be unlawful to:

a.

Operate or allow the operation of any sound amplification equipment so as to create sounds registering fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the noise control officer.

b.

As to multifamily structures including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, it shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds registering fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the noise control officer.

c.

As to places of public entertainment having a capacity of one thousand (1,000) or more persons, operate or allow the operation of any sound amplification equipment so as to create sounds registering more than sixty-five (65) db(A) between 9:00 a.m. and 9:00 p.m., or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the noise control officer.

d.

Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which register more than sixty (60) db(A) at or on the boundary of the nearest public right-of-way or park.

e.

Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in the public parks so as to produce sounds registering more than sixty (60) db(A) fifty (50) feet or more from any electromechanical speaker between the hours of 9:00 p.m. and 9:00 a.m.

(c)

Permits for additional amplification.

1.

Application. The application for a permit for additional amplification under this section shall be submitted to the noise control officer at least fifteen (15) working days in advance of the planned use except in case of emergency. The application shall designate an individual person or persons who shall be in control of the sound amplification equipment and assure that its use complies with the terms of the permit.

2.

Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for mailing or otherwise delivering to the occupants of each property within a five hundred-foot radius of the facility for which a permit has been applied, a notice stating the nature, date and hours of the event. The notice shall be made on a form approved by the noise control officer, and shall be delivered at least seventy-two (72) hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the noise control officer that such notices have actually been mailed or otherwise delivered. The applicant must attach to the affidavit a listing of the street addresses of the properties notified pursuant to this section.

3.

Number of hours. No permits shall be issued which shall have the effect of allowing more than twenty (20) hours of excess amplification per year at any place of public entertainment having a capacity of one thousand (1,000) or more persons or ten (10) hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the noise control officer in the order of receipt unless permits for twenty (20) or more hours have previously been issued for the same or other locations within a five hundred-foot radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year's accumulated hours of excess amplification in that location below twenty (20) hours or select another location.

4.

Time periods allowed. No permit shall be issued which allows additional sound amplification between the hours of 9:00 p.m. and 9:00 a.m., except in places of public entertainment having a capacity of one thousand (1,000) or more persons.

5.

Prohibited permits. In no event shall a permit be granted which allows the creation of sounds registering more than seventy (70) db(A) anywhere within the boundary line of the nearest residentially occupied property.

6.

Denial, exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager. The city manager shall have the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to city council.

7.

Fees. The fee for a permit for additional amplification is twenty-five dollars ($25.00).

8.

Noise control officer. The city manager shall appoint the noise control officer.

(Ord. of 8-1-2000, § 5; Ord. No. 2002-73, 10-28-02)