HomeMy WebLinkAbout3094-08.04.1980 (RECORDED) s
ORDINANCE NO. 3094.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA,
BY ADDING CHAPTER 37 , NOISE CONTROL, THERETO,
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That the Code of Ordinances of the City of Waterloo, Iowa, are hereby amended by
adding Chapter 37 , Noise Control, thereto as follows:
Section 1.
This ordinance shall be known as the "Noise Control Ordinance".
Section 2.
This ordinance shall apply to the control of all sound and vibration
originating within the limits of the City of Waterloo, Iowa.
Section 3. Definitions.
All terminology used in this ordinance, not defined below, shall be in
conformance with the applicable publications of the American National Standards
Institute (ANSI) or its successor body.
(a) "A-Weighted Sound Level" means the sound pressure level in decibels
as measured on a sound level meter using the A-Weighted network. The level so
read is designated dB(A) or dBA.
(b) "Commercial Area" means commercial area as defined in Waterloo Zoning
Ordinance No. 2479, as amended.
(c) "Decible (dB) " means a unit for measuring the volume of a sound equal
to 20 times the logarithm to the base 10 of the ratio of the pressure of the
sound measured to the reference pressure, which is 20 microposcals (20 micronewtons
per square meter) .
(d) "Gross Vehicle Weight Rating (GVWR) " means the value specified by the
manufacturer as the recommended maximum loaded weight of a single motor vehicle.
In cases where trailers and tractors are separable the gross combination weight
rating (GCWR) , which is the value specified by the manufacturer as the
recommended maximum loaded weight of the combination vehicle, shall be used.
(e) "Industrial Area" means industrial area as defined in Waterloo Zoning
Ordinance No. 2479, as amended.
(f) "Motor Carrier Vehicle Engaged in Interstate Commerce" means any
vehicle for which regulations apply pursuant to Section 18 of the Federal Noise
Control Act of 1972 (P.L.92-574) , as amended, pertaining to motor carriers
engaged in interstate commerce.
(g) "Motor Vehicle" means any vehicle which is propelled or drawn on
land by a motor such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, amphibious craft of land, dune buggies, or racing vehicles, but
not including motorcycles.
(h) "Motorboat" means any vessel which operates on water and which is
propelled by a motor, including, but not limited to boats, barges, amphibious
craft, water ski towing devices and hover craft.
(i) "Motorcycles" means an unenclosed motor vehicle having a saddle for
the use of the operator and two or three wheels in contact with the ground,
including, but not limited to, motor scooters, minibikes, and mopeds.
(j) "Muffler or Sound Dissipative Device" means a device for abating the
sound of escaping gases of an internal combustion engine.
(k) "Noise" means an oscillation in the pressure, particle displacement,
particle velocity, or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description of noise
may include any characteristic of such noise, including duration, intensity and
frequency.
(1) "Noise Disturbance" means any sound which (a) endangers or injures
the safety or health of humans or animals, or (b) annoys or disturbs a reasonable
person of normal sensitivities, or (c) endangers or injures personal or real
property.
(m) "Noise Level" means the weighted sound pressure level obtained by the
use of a sound level meter and frequency weighting network, such as A, B or C as
specified in American National Standards Institute specifications for sound level
meters (ANSI SL. 4-1971, or the latest approved revision thereof) . If the
frequency weighting employed is not indicated, the A-weighting shall apply.
Refer to Table I and Table II for maximum noise levels allowed within the city.
Page 2
(n) "Noise Level Meter" means an instrument which includes a microphone,
amplifier, network, and output device used to measure sound pressure levels.
(o) "Noise Sensitive Zone" means any area designated by the city council
as an area requiring exceptional quiet.
(p) "Person" means any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency, or instrumentality of
a State or any political subdivision of a State.
(q) "Powered Model Vehicle" means any self-propelled airborne, waterborne,
or landborne plane, vessel, or vehicle which is not designed to carry persons,
including, but not limited to, any model airplane, boat, car or rocket.
(r) "Real Property Boundary" means an imaginary line along the ground
surface and its vertical extention, which separates the real property owned by
one person from that owned by another person, but not including intra-building
real property divisions.
(s) "Residential Area" means residential area as defined in Waterloo Zoning
Ordinance No. 2479, as amended.
(t) "Vibration" means an oscillatory motion of solid bodies of deterministic
or random nature described by displacement, velocity, or acceleration with
respect to a given reference point.
Section 4. Prohibited Acts.
This ordinance prohibits any noise in the city that is in excess of the
noise levels in Tables I and II and further prohi-
bits the following acts, and the causing thereof, are declared to be in violation
of this ordinance:
(a) Operating, playing or permitting the operation or playing of any radio,
television set, musical instrument or similar device which produces, reproduces
or amplifies sound:
(1) In such a manner as to creat a noise level (see Table II) at any
portion of real property boundary or within a noise sensitive zone; or
(2) In such a manner as to create a noise level (see Table II) at
25 feet from such device, when operated in/or on a motor vehicle on a
public right-of-way or public space, or in a boat on public waters; or
(3) in such a manner as to create a noise level (see Table II) to
any person other than the operator of the device, when operated by any
passenger on a common carrier.
(b) Using or operating any loudspeaker, public address system, or similar
device such that the sound therefrom creates a noise level (see Table II) across
a residential real property boundary or within a noise sensitive zone.
(c) Offering for sale or selling anything by shouting or outcry in such
a manner as to creat a noise level (see Table II) within any residential or
commercial area of the city, except by permit issued by the city according to
criteria set forth in Section 5.
(d) Owning, possessing or harboring any animal or bird which for a ten-
minutes duration howls, barks, meows, squawks or makes other sounds which create
a noise level (see Table II) across a residential real property boundary or
within a noise sensitive zone. This provision excludes public zoos.
(e) Loading, unloading, opening, closing, or other handling of boxes,
crates, containers, building materials, garbage cans, or similar objects in
such a manner as to create a noise level (see Table II) across a residential real
property boundary or within a noise sensitive zone.
(f) Operating or permitting the operation of any o is r p e t Rs Rd
7 .
in construction, drilling, or demolition work weekdays/r� o
areanygtime�on'Sun ay600 A.M.
or holidays, such that the sound therefrom creates a noise level (see Table II)
across a residential real property boundary or within a noise sensitive zone.
This section shall not apply to the use of domestic power tools.
(g) Repairing, rebuilding, modifying, or testing any motor vehicle,
motorcycle, or motorboat in such a manner as to create a noise level (see Table II)
across a residential real property boundary or within a noise sensitive zone.
(h) Operating, playing, or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or similar
device which produces, reproduces, or amplifies sound in any place of public
entertainment in such a manner as to creat a noise level (see Table II) .
(i) Using explosives, firearms and similar devices without variance as
set out in Section 5.
(j) Operating or permitting the operation of powered model vehicles so as
to create a noise level (see Table II) across a residential real property boundary,
or in a public space or within a noise sensitive zone.
Page 3
(k) Operating or permitting the operation of any device that creates
vibration which is above the vibration perception threshold of an individual
at or beyond the property of the source if on private property or twenty-
five (25) feet from the source if on a public space or public right-of-way.
For the purposes of this section "vibration perception threshold" means the
minimum ground-or structure-borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as, but not
limited to, sensation by touch or visual observation of moving objects.
(1) Sounding or permitting the sounding of any electronically-amplified
signal from any stationary bell, chime, siren, whistle, or similar device
intended primarily for non-emergency purposes, from any place, for more than
five (5) minutes in any hourly period in such a manner as to create a noise
level (see Table II) . Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
(m) 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, in such a manner as to create a noise level (see Table II) . Testing
of a stationary emergency signaling device shall occur at the same time of day
each time such a test is performed, but not before 7:00 A.M. and not after
11:00 P.M. Any such testing shall use only the minimum cycle test time. In no case
shall such test time exceed three (3) minutes.
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 before 9:00 A.M. or after 3:00 P.M. The three-minute time limit shall
not apply to such complete system testings.
Sounding or permitting the sounding of any exterior burglar (or fire)
alarm or any motor vehicle burglar alarm unless such alarm is automatically
terminated within three (3) minutes of activation.
(n) Operating or permitting the operation of any motorboat in any lake,
river, stream or other waterway in such a manner as to creat a noise level (see
Table II) .
(o) Creating or causing the creation of any sound within any noise
sensitive zone designated by the city council and posted as a noise sensitive
zone. The city council may set different decibel limits than are indicated in
Table II within a designated noise sensitive zone.
(p) Operating or permitting the operation of any mechanically powered
saw, sander, drill, grinder, lawn, or garden tool, snowblower, or similar device
in residential areas in such a manner as to creat a noise level (see Table II)
across a residential real property boundary.
Section 5. Exceptions and Variances.
(a) The provisions of this ordinance shall not apply to the emission of
sound for the purpose of alerting persons to the existence of an emergency,
or the emission of sound in the performance of emergency work.
(b) The council shall have the authority, consistent with this section,
to grant special variances:
(1) Any person seeking a special variance pursuant to this
section shall file an application with the City Clerk. The application
shall contain information which demonstrates that bringing the source of
sound or activity for which the special variance is sought into compliance
with this ordinance would constitute an unreasonable hardship on the
applicant, on the community or on other persons. Any individual who
claims to be adversely affected by allowance of the special variance may
file a statement with the City Clerk containing information to support
his claim. If the council finds that a sufficient controversy exists
regarding such application, a public hearing may be held.
(2) In determining whether to grant or deny the application, the
council shall balance the hardship to the applicant, the community, and
other persons of not granting the special variance against the adverse
impact on the health, safety, and welfare of persons affected, the
adverse impact on property affected, and any other adverse impacts of
granting the special variance. Applicants for special variances and
persons contesting special variances may be required to submit any
information the council may reasonably require. In granting or denying
an application, the council shall place on public file a copy of the
decision and the reasons for denying or granting the special variance.
Page 4
(3) Special variances shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The special variance shall not become effective
until all conditions are agreed to by the applicant. Non-compliance
with any condition of the special variance shall terminate it and
subject the person holding it to those provisions of this ordinance
regulating the source of sound or activity for which the special
variance was granted.
(4) Application for extension of time limits specified in special
variances or for modification of other substantial conditions shall be
treated like applications for initial special variances under this
subsection (b) .
(5) The council may issue guidelines defining the procedures to
be followed in applying for a special variance and the criteria to be
considered in deciding whether to grant a special variance.
(6) Within thirty (30) days following the effective date of this
ordinance the owner of any commercial or industrial source of sound may
apply to the city council for a variance in time to comply with this
ordinance. The city council shall have the authority, consistent with
this section, to grant a variance, not to exceed ninety (90) days from
the effective date of this ordinance.
(c) Appeals of an adverse decision of the city council shall be made to
the appropriate court of law. Review of the court shall be (de novo) limited
to whether the decision is supported by substantial evidence as specified by
the judge or magistrate.
(d) The provisions of this ordinance shall not apply to:
(1) the unamplified human voice;
(2) interstate railway locomotives and cars;
(3) all agricultural activities; and
(4) airports and aircraft.
Section 6. Motor Vehicle Maximum Sound Levels.
(a) No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in such a
manner as to create a noise level (see Table I) emitted by the motor vehicle
or motorcycle.
(b) No person shall operate or cause to be operated any motor vehicle or
motorcycle not equipped with a muffler or other sound dissipative device in
good working order and in constant operation. No person shall remove or render
inoperative, or cause to be removed or render inoperative, other than for purposes
of maintenance, repair, or replacement any muffler or sound dissipative device
on a motor vehicle or motorcycle.
(c) The sounding of any horn or other auditory signaling device on or in
any motor vehicle on any public right-of-way or public space in such a manner
as to create a noise level (see Table II) , except as a warning of dangers
provided in the traffic code.
(d) No person shall:
(1) On or after two (2) years following the effective date of
this ordinance operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse and which creates,
during the compacting cycle, a noise level in excess of those set out
in Table II.
(2) Operate or permit the operation of the compacting mechanism
of any motor vehicle which compacts refuse in such a manner as to create
a noise level (see Table II) in a residential area or noise sensitive
zone. For purposes of this subsection night shall be 11:00 P.M. to
6:00 A.M.
(3) Collect refuse with a refuse collection vehicle in such a
manner as to create a noise level (see Table II) in a residential area
or noise sensitive zone. For purposes of this subsection night shall
be 11:00 P.M. to 6:00 A.M.
•
•
. Page 5
(e) No person shall operate or permit the operation of any motor
vehicle with a gross vehicle weight rating in excess of ten thousand (10,000)
pounds or any auxiliary equipment attached to such vehicle, for a period
longer than forty-five (45) minutes in any hour while vehicle is stationary
on a public right-of-way or public space within one hundred fifty (150)
feet of a residential area or designated noise sensitive zone. (See Table II. )
(f) No person shall operate or cause to be operated any recreational
motorized vehicle off a public right-of-way in such a manner that the noise
level emitted therefrom exceeds the limits set forth in Table II at a distance
of twenty-five (25) feet or more from the path of the vehicle when operated
on a public space or at or across the boundary of private property when
operated on private property. This section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including,
but not limited to commercial or non-commercial racing vehicles, motorcycles,
go-carts, snowmobiles, amphibious craft, campers, and dune buggies, but not
including motorboats. Variances for motor vehicle racing events may be
obtained according to procedures and criteria as set forth in Section 5 of
this ordinance.
Section 7. Violation.
Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined
in the amount not exceeding one hundred dollars ($100.00) or be imprisoned
in the county jail for a period not exceeding thirty (30) days. Each day
such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as an offense and shall be punishable
as such hereunder.
Section 8. Abatement Orders.
Except as provided above and in lieu of issuing a notice of violation or
citation, the police officer or official responsible for enforcement of these
provisions may issue an order requiring compliance with the noise ordinance.
This abatement order shall grant to the party a period of ten (10) days in
which to bring the violation into compliance with the ordinance. Upon bringing
the violation into compliance, the official shall release the citation or
notice of violation.
Section 9. 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 reasonable persons of normal sensitivity
or which endangers the comfort, repose, health or peace of residents in the
area shall be deemed, and is hereby declared to be, a public nuisance and may
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
Section 10. Severability.
It is the intention of the city council that each separate provision of
this ordinance shall be deemed independent of all other provisions herein, and
it is further the intention of the city council that if any provision of this
ordinance be declared to be invalid, all other provisions thereof shall remain
valid and enforceable.
TABLE I
VEHICLE CLASS 45 MPH OR LESS OVER 45 MPH
Interstate
+ 10,000 14. GCWR 86 dBA 90 dBA
Other
+ 10,000 lb. GCWR 86 dBA 90 dBA
Motorcycle 80 dBA 84 dBA
All other vehicles 74 dBA 80 dBA
All measurements in this Table are maximum noise levels acceptable and any noise
in excess of the dBAs in this table shall be considered a violation.
All measurements are made at a minimum measurement of twenty-five (25) feet
from curb.
All measurements are to be taken at least one hundred (100) feet from any
intersection.
TABLE II
ZONE DAY NIGHT
(7:00 A.M. - 11:00 P.M.) (11:00 P.M. - 7:00 A.M.)
0
Residential 80 dBA 55 dBA
Commercial 80 dBA 60 dBA
Industrial 82 dBA 75 dBA
All measurements in this Table are maximum noise levels acceptable and any noise
in excess of the dBAs in this table shall be considered a violation.
All measurements are to be taken at the nearest lot line but not less than
twenty-five (25) feet from the noise source.
PASSED AND ADOPTED by the City Council this )- -) day of � `/J Vj 5 , 1980,
and approved by the Mayor this �t.1 day of ll r, �A , 1980.- -.41111e
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STATE OF IOWA, I, Robert J . McCoy
SS
Black Hawk County, Publisher of the Waterloo A'teCf 0 0 L j
_ a dailynewspaper �� g h
printed in the English
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
the annexed �f- ^rt�ai__n_ance No. 3094
the sound of escaping gases' b6V t v
Furors-Acreages RCArC- otice was published in the English language only
internal combustion engine. 5 CriUC i x
(k) "Noise, means on Oplac, Digiu„rr,r 11(1 g y
the pressure, particle disprocy, [j►\F- filllV y "{7,^X
particle velocity, or other pk. �Ce 'G
parameter,in a medium with is, OUTSIDE G�LBERiVILL w a TC?P` M �I ,lft (
forces that cause aampressic \ farmhouse With
rd description
ion of that medium— .W( selling 2 story )mmencingon the 7 t h
Description of noise may inclucs 13 acres in es ate 4 bedrooms,large
characteristic of such noise,inc./ and living room, full base day of l4 U lJ 5 t 198
duration,intensity and frequency- klchhenns and sCreened•tn porch' Barn
(1)"Noise Disturbance" mewl- ord cam crib ie good cond. the 1s9lie�(Of
sound whi (a) endangers or it_ 213212 after 5 ----.----- �u US --7>t__���Q
the safety or health of humoi ----�' CITY
animals,or (b) annoys or distui LA PORTE of said newspaper, and
2 acres,5 year aid 3 tearoom ranch,
reasonable person of nor �t the annexed rate of advertising is the regular legal rate of
sensitivities, or (c) endanger), dpubte garage
air,3 full baths,high
injures"Noise
personal or real property... ° -dry. rsold,;delugar garage,
a 3 d newspaper, and that the following is a correct bill for pub-
injures Noise Level" means
-weignietl sountl pressure IE SASm�Q"cn,.double gara9e�am,
obtained by the use of a sound i� - Sunken living .MOM' ace^ beO ling said notice.
meter and frequency weights funkentt.
network, such as A, B or C buy either of these and aftee
Specified in American Natto2 If"TIN
in them 1 year you don't ney printers Bill $ / S7 7 J
Standards Institute specifications f them we will give You your money
Sound level meters (ANSI SL. 4-1i bOtk
tt the latest frequencdy
reght •• ••D•r (l
Thereof). if the frequency weighti" {L. •'�(` ---. -
employed is not indicated, t
A-weighting shall apply. Refer
noble ) and Table 1i far maxima ' Subscribed and sworn to before me` this
noise levels allowed within the city. ppDD BAOER,Broker 7 t h
(n) "Noise Level Meter" means< BERTHA EASTMAN coiled , day
instrument which includes, ROLANDE.MITCHEIL
• microphone, amplifier, network, art PAUL BADER,Broker ONpce 2434^6835 August
ousn device used to measure soup 1008 WASHINGTON 342.3455 A. D., 1980 80
pressure levels. COLLECT ___ ..
(o) " oise Sensitive Zone" mean i 83 ACRES -
any area designated by the cit'
council as an area requirin� ;DEAL FARM Beautiful
exceptional quiet. .this is an excellent tarm. Bea Notary Public
Ip)"Person"means any individual, Feeding tot.4 Harvestores.2
association, partnership, or srosilos.Loadsofbusldin9s•(7e(�owRecelved of
corporation,and includes any officer, setup for forming.Priced once. Shown
employee, department, agency, or ion dt
instrumentality Of a State or any nwrket' Possess
political instrumentality
subdivision of°State. .by intment only. 2<6.613a9ilim of
(9) "Powered Model Vehicle" J.R.ROBERTS yB$,37g1, Dollars
JOYCE COOK 2efr7892.1 for publication of the above notice.
means any self-propelled airborne, LOWELLGOOMER ZyyB014
waterborne, or land borne plane, NORMEA BLOOMER 352.106�
vessel, or vehicle which is not JOHNMONAGHAN 16y13y
designed to carry persons, including, DAMES P.JORGENSON
but not limited to,any model airplane, [��"('�
boat,car or rocket. R• . MA) 1 Publishers-
(r) ''Real Property Boundary'' „ (UJl.II�� LI
means an imaginary line along the ..
ground surface and its vertical extention, which separates the real Pant EState
property owned by one person from -
that owned by another person, t n't )1J113 60
including intro-building "---- - �a6un8• A�
divisions. ' - -
e--
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ORDINANCE NO. 3 ()
AN ORDINANCE AMENDING TF2 CODE OF ORDINANCES OF TeE CITY OF WATERLOO,- /MA,
BY eDDING CUATTER 3 -7 , NOISE CONTROI, TeEtE70.
BE TT ORDAINED by the City eouncil of the City of Wterloo, lewe ,
That the Code of Ordinances of the eety of eeterloo, )ewe, are hereby emended by
adding Chepter 37 , eeise Control, thereto as follows ,
Section 1.
This ordinance shall be known as the "Noise control Ordinance
Section 2.
This ordinance shall apply to the control of all sound and vibration
originating within the limits of the city of eeterloo, Towa.
Section 3. eefinitions.
11 terminology used in this ordinance, not defined below, shall be in
conformance with the applicable publications of the emericen Nstionel Stonderds
Institute (ANSI") or its successor body.
(a) "A-Weighted Sound Level" means the sound pressure level in decibels
as measured on a sound level. meter using the e-Weighted network. The level so
read is designated dB(A) or dee.
fb) 'commercial Area" means commercial area as defined in waterloo eoning
erdinence No. 2479, es amended.
fc) ”Decible (d33) means a unit for measuring the volume of a sound euual
to 20 times the logarithm to the base 10 of the ratio of the pressure of the
sound measured to the reference pressure, which is 20 microposcals (20 micronewtons
per seeare meter) .
(d) -Cross Vehicle Weight Rating (GMR) means the value specified by the
manufacturer as the recommended maximum loaded weight of a single motor vehicle.
n ceses where trailers end tractors are separable the gross combination weight
rating (GCWR) , which is the value specifi0 by the manufacturer as the
recommended maximum loaded weight of the combination vehicle, shall be used.
(e) - Industrial Area moans industrial area as defined in Weterloo eoning
ordinance No. 2479, ' s emended.
(f) "Motor Carrier Vehicle engaged in nterstate Commerce" means any
vehicle for which regulations apply pursuant to Section 18 of the Federal Noise
control Act of 1972 (P.L.92-574) , as amended, pertaining to motor carriers
engaged in interstate commerce.
c;) "Motor eehicle" means any vehicle which is propelled or drawn on
land by e motor such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, amphibious craft of land, dune buggies, or racing vehicles, but
not including motorcycles.
fee "motorboat means any vessel which operates on water and which is
propelled by a motor, including, but not limited to boats, barges, amphibious
craft, water ski towing devices and hover craft.
(i) 'Motorcycles means en unenclosed motor vehicle having 8 saddle for
the use of the operator and two or three wheels in contact with the ground,
including, but not limited to, motor scooters, minibikes, and mopeds.
(j) "Nuffler or Sound eizsipative Device' means e device for abating the
sound of escaping gases of an internal combustion engine.
(k) ' Noise" means an oscillation in the pressure, particle displacement,
particle velocity, or other physical parameter, in a medium with internel forces
that causes compression and rarefaction of that medium. The description of noise
may include any characteristic of such noise, including duration, intensity and
frequency.
(1) "Noise Disturbance means any sound which (a) endangers or injures
the safety or health of humans or animals, or (b) annoys or disturbs a reasonable
person of normal sensitivities, or fel endangers or injures personal or real
property.
(m) "Neise Level' means the weighted sound pressure level obtained by the
use of I sound level meter and freeeency weighting network, such es A, S or C as
specified in emerican National Standards Tnstitute specifications for sound level
meters (ANSI SL, 4-1971, or the latest approved revi,sion thereof) . e7 the
frequency weighting employed is not indicated, the e-weighting shell apply.
Refer to Table I and Teble ,I for maximum noise levels allowed within the city.
BUOY 235 PACE 970
Page 2
(n) "Noise Level rsetert means sn instrument which includes s microphone,
amplifier, network, end output device used to measure sound pressure levels.
o) ''Noise Sensitive : one means any area designated by the city council
as on area requiring exceptional csiet.
P) 'Person means any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency, or instrumentality of
a State or any politicel subdivision of e State.
(e) Powered ; odei vehicle'' means any self-propelled ,7irborne, waterborne,
or landborne plane, vessel, or vehicle which is not designed to carry persons,
including, but not limited to, 'ny model airplane, boot, car or rocket.
(r) "Reel eroperty boundary means en imeginory line along the ground
surfsce and its vertical extention, which separates the real property owned by
one person from that owned by another person, but not including intra-building
real property divisions.
"s) 'Residential reo means residential area es defined in Waterloo eoning
ordinance No. 2479, ss emended.
(t) -vibration means an oscillatory motion of solid bodies of deterministic
or random nature described by displacement, velocity, or acceleration with
respect to a given reference point.
Section 4. Prohibited Acts.
This ordinance prohibits any noise in the city that is in excess of the
noise levels 'irs.:Tablette Itand II and further prohi-
bits the following ects, and the causing thereof, are declared to be in violation
of this ordinance:
(s) operating, playing or permitting the operation or playing of any radio,
television set, musical instrument or similar device which produces, reproduces
oi. amplifies sound
(1) n such a manner as to crest e noise level (see Table TT) at any
portion of real property boundary or within a noise sensitive zone; or
(2) tn such s manner as to create a noise level (see Table IT) at
2E, feet from such device, when operated in/or on o motor vehicle on a
public right-of-way or public space, or in e boat on public waters: or
(3) Tn such a manner es to create a noise level (see Table II) to
any person other then the operator of the device, when operated by any
passenger on a common carrier.
'b) rising or operating any loudspeaker, public ddress system, or similar
device such that the sound therefrom creates a noise level 'see Table T across
a residential reel property boundary or within s noise sensitive sone.
(c) Offering for sale or selling anything by shouting or outcry in such
manner es to crept e noise level (see Table ti) within any residential or
commercial area of the city, except by permit issued by the city according to
criteria set forth in Section 5.
(d) tewning, possessing or harboring any animal or bird which for a ten-
minutes duration howls, barks, meows, squaws or makes other sounds which create
a noise level .'see Toble II) across a residential reel property boundary or
within a noise sensitive ',r.one. This provision excludes public soos.
(e) 'Loading, unloading, opening, closing, or other handling of boxes,
crates, conteiners, building materiels, garbage c"ns, or similar objects in
such a manner as to create e noise level see T ble TI1 across a residential real
property boundary or within e noise sensitive zone.
(f) operating or permitting the operation of any togis oricsgRApttent us
,
in construction, drilling, or demolition work weekcloye/6rItellnItMer-oril*StiarTs 00 A.M.
or holidays, such that the sound therefrom creates a noise level rsee Table II)
across a residential real property boundary or within a noise sensitive .acne.
This section shall not apply to the use of domestic power tools.
(g) Repairing, rebuilding, modifying, or testing any moter vehicle,
motorcycle, or motorboat in such a manner es to create a noise level 'see Ts ble II)
across a residential real property boundary or within a noise sensitive zone.
(h) Operating, playing, or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or similar
device which produces, reproduces, or amplifies sound in any place of public
entertainment in such e manner as to crest a noise level 'see T"ble 71) .
i) Using explosives, firearms and similar devices without variance
as
set out in eection S.
(j) operating or permitting the operation of powered model vehicles so as
to create noise level (see Table across s residential reel property boundary,
or in a public space or within a noise sensitive aone.
BOOK. 235 PAGE 971
Sage 3
(k) Operating or permitting the operation of any device that creates
vibration which is above the vibration perception threshold of an individual.
at or beyond the property of the source if on private property or twenty-
five (25 feet from the source if on a public space or public right-of-way.
?or the purposes of this section vibration perception threshold means the
minimum ground-or structure-borne vibrational motion necessary to cause s
normal person to be aware of the vibration by such direct means as, but not
limited to, sensation by touch or visual observation of moving objects.
(1) Sounding or permitting the sounding of any electronically-smplified
signal from any stationary bell, chime, siren, whistle, or similar device
intended primarily for non-emergency purposes, from sny place, for more than
five '5) minutes in any hourly period in such s manner as to create a noise
level (see Table II) . Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
(m) The intentional sounding or permitting the sounding outdoors
of any fire, burglar, or civil defense alarm, siren, whistle or simi1r
stationary emergency signaling device, except for emergency purposes or for
testing, in such a manner as to create a noise level 'see Table II) . Testing
of a stationary emergency signaling device shall occur at the same time of day
each time such a test is performed, but not before 7:00 A.M. and not after-
11:00 S.M. Any such testing shall use only the minimum cycle test time. Tn no case
shall such test time exceed three '3) minutes.
Testing of the complete emergency signaling system including the functioning
of the signaling device end the personnel response to the signaling device shsll
not occur before 9:00 S.( . or after 3,00 ?.k. she three-minute time limit shall
not apply to such complete system testings.
Sounding or permitting the sounding of any exterior burglar 'or fire)
slam or any motor vehicle burglar alarm unless such alarm is automatically
terminated within three (3) minutes of activation.
(n‘ Operating or permitting the operation of any motorboat in any lske,
rives stream or other waterway in such a manner as to crest a noise level (see
ssble TI) .
.c)) Creating or causing the creation of any sound within any noise
sensitive .one designated by the city council and posted .A3 a noise sensitive
zone. The city council may set different decibel limits than are indicated in
Table I within s designated noise sensitive : one.
'p) Operating or permitting the operation of any mechanically powered
sew, sander, drill, grinder, lawn, or garden tool, snowblower, or similar device
in residential areas in such a manner as to creat a noise level (see Tsble Ifl
across a residential real property boundary.
Section 5. Exceptions and Variances.
(a) The provisions of this ordinsnce shall not apply to the emission of
sound for the purpose of alerting persons to the existence of an emergency,
or the emission of sound in the performance of emergency work.
(b) The council shall have the authority, consistent with this section,
to grant special. variances:
(1) Any person seeking a special variance pursuant to this
section shall file an application with the City Clerk. The application
shall contain information which demonstrates that bringing the source of ss s.S
sound or activity for which the special variance is sought into compliance
with this ordinance would constitute an unreasonable hardship on the
applicant, on the community or on other persons. 1ny individual who
claims to be adversely affected by allowance of the special variance may
file s statement with the city clerk containing information to support
his claim. rf the council finds that s sufficient controversy exists
regarding such application, a public hearing may be held.
(2) sn determining whether to grant or deny the application, the
council shall belsnce the hardship to the applicant, the community, and
other persons of not granting the special veriance against the adverse
impact on the health, safety, and welfare of persons affected, the
adverse impact on property affected, and any other adverse impacts of
granting the special variance. Applicants for special variances and
persons contesting special variances may be required to submit any
information the council may reasonably resuire. In granting or denying
an application, the council shall place on public file a copy of the
decision and the reasons for denying or granting the special variance.
BOY 235 PACE 972
Page 4
(3) reeecial variances shall Toe granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The special variance shsll not become effective
until all conditions are agreed to by the applicant. lion-compliance
with ny condition of the special variance shell terminete it and
subject the person holding it to those provisions of this ordinance
regulating the source of sound or activity for which the specie!,
variance was granted.
(4) Application for extension of time limits specified in speciel
variances or for modification of ether substantial conditions shall be
treated like applications for initial special variances under this
subsection (b) .
(5) The council may issue guidelines defining the procedures to
be followed in applying for a special variance and the criteria to be
considered in deciding whether to grant s special variance.
(6) Within thirty (30) days following the effective date of this
ordinance the owner of any commerciel or industrial source of sound may
apply to the city council for a variance in time to comply with this
ordinance. The city council shell have the authority, consistent with
this section, to grant variance, not to exceed ninety '90) days from
the effective date of this ordinance.
(c) Appeals of an adverse decision of the city council shall be made to
the appropriate court of law. Review of the court shall be (de novo) limited
to whether the decision is supported by substantial evidence as specified by
the judge or magistrate.
Srl' The provisions of this ordinance shall not apply to:
(1) the unamplified human voice;
(2) interstate railway locomotives and cars;
(3' all agricultural activities; and
(4) airports snd aircraft.
Section 6. &lotor Vehicle Msxirmam Sound Levels.
) NO person shall operate or cause to be operated 1 public or private
motor vehicle or motorcycle on a public right-of-way at any time in such
manner es to create a noise level 'see 'is)ble I) emitted by the motor vehicle
or motorcycle.
(b) so person shall operate or cause to be oper 'ted any motor vehicle or
motorcycle not equipped with a muffler or other sound dissipative device in
good working order and in constant operation. so person shall remove or render
inoperative, or cause to be removed or render inoperative, other then for purposes
of maintenance, repair, or replacement eny muffler or sound dissipative device
on s motor vehicle or motorcycle.
(c) The sounding of any horn or other auditory signaling device on or in
any motor vehicle on any public right-of--way or public space in such a manner
as to create a, noise level (see feble TI , except es a warning of dangers
provided in the traffic code.
(d) Mo person shell:
(1) en or after two ,'2) years following the effective date of
this ordinHnce operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse and which creates,
during the compacting cycle, a noise level in excess of those set out
in Table TI.
2) operate or permit the operation of the compacting mechanism
of any motor vehicle which compacts refuse in such a manner as to create
a noise level tsee 7-ble aT) in e residential area or noise sensitive
zone. For purposes of this subsection night shall be 11,00 P.t1. to
6 . 00 A.M.
(3) Collect refuse with a refuse collection vehicle in such a
manner as to create e noise level (see Table II) in a residential area
or noise sensitive zone. For purposes of this subsection night shall
be 11:00 P.n. to 6:00
BODY 235 PAGE 973
Poge 5
fe) No person shall operate or permit the operation of any motor
vehicle with a gross vehicle weight rating in excess of ten thousand (11,000)
pounds or any auxiliary eenipment attached to such vehicle, for a period
longer than forty-five (45) minutes in any hoer while vehicle is stationary
on a public right-of-way or public space within one hundred fifty (150)
feet of a residential area or designated noise sensitive 7one. ;See Table TT.)
(f) No person shell operate or cruse to be opertted any recreational
motorized vehicle off e public right-of-way in such a manner that the noise
level emitted therefrom exceeds the limits set forth in Table TT et a distance
of twenty-five (25) feet or more froe the path of the vehicle when operated
on a public space or at or across the boundary of private property when
operated on private property. This section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including,
but not limited to commercial or non-commercial racing vehicles, motorcycles,
go-carts, snowmobiles, amphibious craft, campers, end dune buggies, but not
including motorboats. Vorionces for motor vehicle racing events may be
obtained according to procedures and criteria as set forth in Section !; of
this ordinance.
Section 7. 7iolation.
2ny person violating any of the provisions of this ordinance shall he
deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined
in the amount not exceeding one hundred dollars (5100.00) or be imprisoned
in the county jail for a period not exceeding thirty-(30) days. Foch day
such violation is committed or permitted to continue shall constitute 7
separate offense end shall be punishable as an offense and shall be punishable
es such hereunder.
Section a. abatement Orders.
Fxcept as provided above ond in lieu of issuing a notice of violation or
citation, the police officer or official responsible for enforcement of these
provisions may issue an order requiring compliance with the noise ordinance.
This abatement order shall grant to the party e period of ten (10) days in
which to bring the violation into compliance with the ordinance. Upon bringing
the violation into compliance, the official shall release the citation or
notice of violation.
Section 9. injunction.
os on additional remedy, the operation or maintenance of any device,
instrument, vehicle or machinery in violation of any provision hereof end
which causes discomfort or annoyance to reasonable persons of normal sensitivity
or which endangers the comfort, repose, health or peace of residents in the
area shall be deemed, and is hereby declared trebe, a public nuisance and may
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
Section 10. Severability.
It is the intention of the city council that each separate provision of
this ordinance shall be deemed independent of all other provisions herein, end
it is further the intention of the city council that if any provision of this
ordinance be declared to be invalid, all other provisions thereof shall remain
valid and enforceable.
BOOK 235 PAGE 9174
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