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§ 11-1 TITLE 10 — POLICE REGULATIONS § 11-2 Chapter 11 NOISE REGULATIONS Sec. 11-1: Definitions Sec. 11-2: Public Nuisance Noises Prohibited Sec. 11-3: Noise Source Requirements Sec. 11-4: Snowmobiles Sec. 11-5: Air Conditioning and Heating Equipment Sec. 11-6: Exceptions Sec. 11-7: Amplified Sound Permit Sec. 11-8: Measurement Procedures Sec. 11-9: Violations Sec. 11-10: Penalties Sec. 11-1. Definitions. A. dBA. A logarithmic and dimensionless unit of measure used in describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (20 micronewtons per square meter) using the weighing scale. B. Noise. Any sound which is loud, raucous, or boisterous, which unreasonably disturbs a reasonable person(s) of normal sensitivities, or which causes or which tends to cause an adverse or physiological effect on reasonable person(s) of normal sensitivities. Factors to be considered in determining whether a sound is loud, raucous, or boisterous, or whether it unreasonably disturbs a reasonable person(s) of normal sensitivities, include, but are not limited to: 1. The land use, nature, and zoning of the area from which the sound emanates and the area where the sound is received or perceived; 2. the time of day or night the sound occurs; 3. the duration of the sounds; and 4. whether the sound is recurrent, intermittent, or constant. C. Person. Any individual, association, partnership, peace officer or employee. D. Sound Level Meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting network used to measure sound pressure levels. (Ord. 2008-01, 01/22/2008) Sec. 11-2. Public Nuisance Noises Prohibited. It shall be unlawful for any person within the City to knowingly make, continue, or cause to be made, or to knowingly allow to be made or to continue, any noise, as defined in this Chapter. The following acts, among others, are declared to be unlawful nuisance noises in violation of this Code Section, but said enumeration shall not be deemed to be exclusive; these acts may constitute a violation even when the noises created are within the decibel limits contained elsewhere herein: A. Loud Speakers, Radios, Phonographs and Amplifiers. The use, operation, or permitting the playing, use or operation of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound in such manner as to disturb the peace, quiet or comfort of another person. Such sound made at a louder volume than is necessary for convenient hearing for the person or persons who are in the room, chamber, vehicle or space where such device is being operated shall be prima facie evidence of violation of this Code Section. This provision shall regulate amplified sound, whether it be from stationary equipment or equipment mounted within or upon a vehicle. Exceptions to this provision may be licensed by the City pursuant to this Chapter. B. Horns, Signaling Devices, Etc. 1. The sounding of any horn or signaling device on any automobile, or other vehicle on any ---PAGE BREAK--- § 11-2 TITLE 10 — POLICE REGULATIONS § 11-5 street, public place, or private property within the City except as a danger warning; 2. The creation, by means of such signaling device, of any unreasonably loud or harsh sound; 3. The sounding of such device for an unnecessary or unreasonable period of time; 4. The use of such signaling device when traffic is held up for any reason. C. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of ten (10:00) o'clock P.M. and seven (7:00) o'clock A.M. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of any person in the vicinity. D. Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler or other stationary whistle except to give warning of fire or danger, or upon request of proper City authorities. E. Exhaust. The discharge into the open air of the exhaust of any engine except through a muffler1 or other device which will effectively prevent loud or explosive noises therefrom. F. Vehicles or Loads. 1. The use of any automobile, or vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise; 2. The creation of any loud or excessive noise in connection with the loading, unloading or unpacking of any vehicle. G. Noises Near Schools, Courts, Churches, or Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, court or hospital while the same is in use which unreasonably interferes with the operation or workings of such institution, or which disturbs or unduly 1 See also subsection 10-1-9(A)(4) of this Code. annoys patients of a hospital; provided that conspicuous signs are displayed in such streets indicating the school, hospital, church, or court is nearby. (Ord. 2008-01, 01/22/2008) Sec. 11-3. Noise Source Requirements. A. A noise source (excluding motor vehicles operating on public highways, locomotives and railroad cars, snowmobiles, construction equipment at construction sites, maintenance of utility easements, and snow plowing) within the following zoning districts shall not exceed the noise levels set forth below: 1. Industrial Zoning Districts: Seventy (70) dBA as measured at the property line of the source. 2. Business and Institutional Zoning Districts: Sixty-five (65) dBA as measured on the property line of the source. 3. Residential and Office Zoning Districts: Sixty-five (65) dBA during the daytime (7:00 A.M. to 10:00 P.M.) and fifty-five (55) dBA at nighttime (10:00 P.M. to 7:00 A.M.) as measured at the property line of the source. B. Construction equipment being operated at a construction site shall not exceed a noise level of eighty-five (85) dBA and shall not operate during nighttime hours. Sec. 11-4. Snowmobiles. It shall be unlawful to use a snowmobile in the City unless it is equipped with a muffler which limits overall noise emissions to seventy-three (73) dBA at a distance of fifty (50) feet. No snowmobile may be operated in a residential zoning district during nighttime hours. Sec. 11-5. Air Conditioning and Heating Equipment. Locations of air conditioning and heating equipment emitting sound or vibration must be sited to minimize the ---PAGE BREAK--- § 11-5 TITLE 10 — POLICE REGULATIONS § 11-9 impact on adjacent property. The City or adjacent property owners may require that such equipment be screened, buffered or muffled so that the noise does not exceed fifty (50) decibels, as measured at the property line of the complaining property. Sec. 11-6. Exceptions. The requirements, prohibitions, and terms of this Chapter shall not apply to the following: A. Emergency work or any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. B. To those activities of a temporary duration, permitted by law and for which a license or permit therefor has been granted by the City, including, but not limited to parades and fireworks displays. C. Nonprofessional athletic contests. D. Sounds originating from trains or aircraft operating in conformance with federal, state and local law. E. Sounds from warning or alarm systems owned and/or operated by or under the direction of a unit of government. F. Sounds generated by chain saws from seven (7:00) o'clock A.M. to seven (7:00) o'clock P.M. G. Public works and maintenance activities approved by the City. (Ord. 98-26, 8/3/98) Sec. 11-7. Amplified Sound Permit. A. The City may issue a permit to any responsible person or organization to exceed the limitations of this Chapter at a specified place during specified hours. B. The City may issue a permit to any responsible person or organization to exceed the limitations of this Chapter for amplified sound from a speaker mounted on a vehicle. Such permits shall be issued only for the hours between seven (7:00) o'clock A.M. and nine (9:00) o'clock P.M. Sounds emanating from such units shall not exceed eighty-five (85) dBA as measured ten (10) feet from the source. C. Such license shall be a defense to any criminal action resulting from the sound emission, but shall not be a defense to any civil action. Sec. 11-8. Measurement Procedures. Sound may be measured by a sound level meter for purposes of enforcing provisions of this Chapter. The Chief of Police shall adopt guidelines establishing the test procedures and instrumentation to be utilized for measurement of sound, and a copy of such guidelines shall be kept on file with the Clerk. Sec. 11-9. Violations. A. Making any sound which violates this Chapter shall be an unlawful act; a violation of any provision of this Chapter shall be a misdemeanor. It shall be the duty of any person(s) in a position of ownership, possession or control of premises to prevent such premises from being the site of activities producing noise in violation of the provisions of this Chapter, or sound levels in excess of what is permitted under this Chapter. Failure or refusal to perform such duty after knowledge of the violation(s) shall constitute a violation of this Chapter. B. It shall be the duty of persons in positions of leadership or responsibility with respect to unincorporated associations, groups, gatherings and assemblages of people to prevent such from causing or making noise in violation of the provisions of this Chapter, or sound levels in excess of what is permitted under this Chapter. Failure or refusal to perform such duty shall constitute a violation of this Code Section. C. Peace officer citation. Any City peace officer is authorized to issue a citation upon his or her own observation of a violation without the necessity of a citizen complaint. By signing the citation, the officer is certifying that he or she has reasonable grounds to ---PAGE BREAK--- § 11-9 TITLE 10 — POLICE REGULATIONS § 11-10 believe that the person cited committed the offense. D. Nothing contained in this Chapter shall be interpreted to constrain the right of the City or of any person to proceed with a civil action to abate or penalize any noise related nuisance. (Ord. 2008-01, 01/22/2008) Sec. 11-10. Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to this Code and the Idaho Code unless otherwise specifically provided for in this Chapter. (Ords. 89-07, 3/20/89; 95-14, 6/29/95)