HomeMy WebLinkAbout1986-OR-54 ORDINANCE NO. 86-OR-~__~
An Ordinance Amending jeffersonville City Code
Section 12-6 and Ordinance No. 81-OR-17
Relating to the Control of Noise.
WHEREAS excessive noise is a serious hazard to~the public
aealth, safety and the qualify of life; and
WHEREAS new methods exist for the successful control and
abatement of excessive noise; and
WHEREAS the people have a right to and should be ensured
an environment free from excessive noise that may jeopardize
their health, welfare or safety, 'or degrade the quality of
life;
NOW, THEREFORE be it crdained by the Common Council of
the City of Jeffersonville:
DEFINITIONS
(See Appendix I for more concise scientific definitions)
As used in this Ordinance unless the context otherwise
requires:
"A-WEIGHTEDSOUND LEVEL"
"COMMERCIAL ZONE"
"DECIBEL (dB)"
"FREQUENCY"
"HERTZ (Hz)"
"INDUSTRIAL ZONE"
Means the loudness of a sound
measured through a filtering
device intended to simulate
human hearing. The level
is designated dB(A) or dBA.
Means zones B-l, B-2, B-3
and BSC as established in
the Jeffersonville Zoning
Ordinance.
Means a unit for measuring
the sound pressure level of
a sound.
Means an objective way to
describe the pitch of sound.
Means a unit for measuring
the frequency of a sound {sometimes
called 'cycles per second').
Means zones I-1 and I-2 as
established in the Jeffersonville
Zoning Ordinance.
"LIGHT MOTOR VEHICLE"
"MODIFIED EXHAUST SYSTEM"
"NOISE"
"OCTAVE BAND"
"PERSON"
"PLAINLY AUDIBLE"
"RESIDENTIAL ZONES"
"SOUND PRESSURE LEVEL"
Means any mctorized vehicle
with gross vehicular weight
less than 8,000 lbs. including
automobiles, vans, ~motorcycles,
motor-driven cycles, motor
scooters, dune buggies, snow-
mobiles, all-terrain vehicles,
go-kartS, minibikes, trail
bikes and light trucks.
~eans any exhaust system in
which the original noise abatement
devices have been removed,
altered or replaced to produce
more noise.
Means any unwanted sound.
Means a way to divide the
entire frequency range of
sound into sections for more
accurate measurements-
Means any individual, firm,
partnership, association,
corporation, company or organization
of any kind.
Means any noise for which
the information content is
unambiguously communicated
to the listener, including
understandable spoken speech,
comprehension of whether a
voice is raised (agitated)
or normal or comprehensible
musical rhythms.
Means zones R-1 and R-2 as
established in the jeffersonville
Zoning ordinance.
Means an instrument designed
to measure sound pressure
levels.
"SOUND PRESSURE LEVEL" Means an objective way to
describe the loudness of a
sound.
All terminology used in this ordinance shall be in conformance
with applicable publications of the American National Standards
Institute (ANSI) or its successor body.
GENERAL PROHIBITIONS
No person shall make or cause to be made any noise that
unreasonably annoys, disturbs, injures or endangers the comfort,
repose, health, peace, safety.or ~elfare of any person or precludes
their enjoyment of property or affects their property's value.
This general prohibition is not limited by the specific restrictions
listed in the following sections.
SPECIFIC RESTRICTIONS
The following acts are declared to be unlawful;
A. Radios, television sets, musical instruments, tape
or record players, amplifiers and similar devices:
Operating or permitting the use or operation of any
such device between the hours of 11:00 P.M. and 7:00 A.M.
in such a manner as to be plainly audible across
property boundaries or through partitions common
to two or more persons within a building.
B. Domestic power tools: Operating or permitting the
use or operation of any mechanically powered saw,
drill, sander, grinder, lawn or garden tool, lawnmower,
snowblower or similar device used outdoors between
the hours of 11:00 P.M. and 7:00 A.M. in such a manner
that will disturb or annoy any reasonable person
nearby.
C. Construction: Operating or permitting the operation
of any tool or equipment used in construction, drilling
or demolition between the hours of 11:00 P.M. and
7:00 A.M. in such a manner that will disturb or annoy
any reasonable person nearby.
Horns and signalling devices: Operating a horn or
other audible signalling device on any motor vehicle
excep~ in an emergency or when required by law.
Participation in noisy parties or gatherings: Participation
in any party or gatherIng between the hours of 11:00 P.M.
and 7:00 A.M. giving rise to noise that is plainly
audible across property boundaries or between partitions
common to two or more persons within a building.
Animals: Harboring or keeping any anlmal which by
causing frequent or~.long continued noise shall disturb
or annoy any reasonable person nearby.
QUANTITATIVE LIMITS
MOTOR VEHICLES:
A. It shall be unlawful for any person to cause the
sound pressure level of the noise emitted during
the operation of a light motor vehicle to exceed
80 dBA with the corporate limits of the City of jeffersonville.
The sound pressure level measurement shall be made
at a distance of not less than 15 feet from the ncise
Be
source.
It shall be
light motor
as a result of
or as a result
unlawful for any person to operate a
vehicle which causes excessive noise
a defective or modified exhaust system
of an unnecessary rapid acceleration,
de-acceleration, engine revving or tire squealing.
STATIONARY SOURCE:
(See Appendix II for octave-band breakdowns of the dBA limits
for each zone)
A.
It shall be
sound pressure level to exceed the limits
below at any point on the boundary of the
where the person is located.
unlawful for any person to cause the
listed
property
If the ~erson is located within a RESIDENTIAL
zone: 55 dBA between the hours of 11:00 P.M.
and 7:00 A.M.
If the person is located within a COMMERCIAL zone:
64 dBA at all times.
Be
3. If the person is located within an INDUSTRIAL
zone: 66 dBA at ali times.
If the property boundary lies between two zones,
the lower limit shall apply regardless of The zone
in which the person creating the noise is located.
C. In addition to the above, no person within a RESIDENTIAL
or a COMMERCIAL zone shall make or cause to be made
any earthshaking vibrations perceptible without the
aid of instruments beyond the property boundary of
the vibration source~ ~o person within an INDUSTRIAL
zone shall make or cause to be made any earthshaking
vibrations perceptible without the aid of instruments
beyond the zone boundary of the zone in which the
vibration source is located.
EXEMPTIONS AND PERMITS
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 work to prevent or alleviate physical or property
damage threatened or caused by a public calamity or other
emergency.
The provisIons of this Ordinance shall not apply to any
industry existing in the City of Jeffersonville one (1) year
prior to the passage of this Ordinance and located in an area
zoned HEAVY INDUSTRY (I-2}.
The Jeffersonville Board of Public Works and Safety shall
have the authority to issue permits for:
A. Holidays, celebrations, concerts, parades or other
special events (public or personal).
B. Persons who demonstrate that bringing the source
of sound or activity for which the permit is sought
into compliance with the provisions of this Ordinance
would constitute an unreasonable hardship on the
applicant, the community or other persons and that
the adverse impact on the health, safety and welfare
of persons affected by the permit has been outweighed
by such hardship. Permits may contain any conditions
(including a time limit) that are necessary to limit
the adverse impact of the activity.
Noncompliance with any condition of the permit shall terminate
it and subject the person holding it to %he provisiqns of this
ordinance.
The Board of Public Works and Safety may issue guidelines
defining the procedures to be followed in applying for a permit
and the specific criteria to be considered in deciding whether
to issue a permit.
PENALTIES
A.
Be
Any person found in viclation of the motor vehicle
noise limits set forth in this ordinance shall be
fined not less than fifty (50) nor more than two
hundred fifty (250) dollars.
Any person found in violation of any other provision
of this Ordinance shall be fined not less than twenty-
five (25) dollars for the first offense; not less
than seventy-five (75) dollars for the second offense;
and not less than one hundred fifty (150) dollars
for the third or subsequent offenses.
Each day that a violation is in effect shall constitute
De
a separate offense.
During any trial concerning the provisions of this
ordinance, the Court may admit evidence of the
sound pressure level as tested by a sound level meter
which meets or exceeds ANSI specifications for type
II equipment.
SEVERABILITY
If any provision of this Ordinance is held to be unconstitu-
tional or otherwise invalidated by a court of competent
jurisdiction, the remaining portions shall not be invalidated.
This ordinance shall be in full force and effect thirty
(30) days from and after its passage, approval by the Mayor
and legal publication thereof.
APPENDIX I
The concise, scientific definitions of
in this Ordinance shall be:
"A-WEIGHTED SOUND LEVEL"
"DECIBEL (dB)"
"FREQUENCY"
"HERTZ (Hz)"
"OCTAVE BAND"
"SOUND PRESSURE LEVEL"
the terms used
Means the sound pressure level
of a sound measured through
an A-weighting filter network.
The level read is designated
dB[A) or dBA.
Means the unit used for comparing
the sound pressure level of
a sound to the sound pressure
level of a reference sound
having a sound pressure of
20 micropascals.
Means the number of periodic
oscillations, vibrations or waves
per unit time (usually one
second).
Means the unit used for measuring
the frequency of a sound. The
number of Hertz is the number
of cycles per second of a
periodic sound pressure wave.
Means a portion of the entire
sound frequency spectrum contained
between two frequencies a and b
such that a = 2b.
Means 20 times the logarithm
(base 10) of the ratio of
the measured sound pressure
to a reference of 20 micropascals.
The sound pressure level is
expressed in Decibels (dB).
SPL = 20 LOG10 sound pressure a
sound pressure b
sound pressure a measured sound pressure
sound pressure b reference sound pressure
(20 micropascals)
APPENDIX II
The octave-band breakdowns of the dBA limits
Ordinance shall be:
A. For a RESIDENTIAL zone: (55 dBA)
Octave-Band Center Frequency (hz)
31.5
63
125
250
50O
1000
2000
4000
8000
B. For a COMMERCIAL zone: (64 dBA)
Octave-Band Center Frequency (hz)
31.5
63
125
250
500
1000
2000
4G00
8000
C. For an INDUSTRIAL zone: 66 dBA)
Octave-Band Center Frequency (hz)
31.5
63
125
250
5OO
1000
2000
4000
8000
used in this
Maximum Boundary SPL (dB)
72
71
65
57
51
45
39
34
32
Maximum Boundary SPL (dB)
79
78
73
67
61
55
5O
46
43
Maximum Boundary SPL (dB)
80
79
74
69
63
57
52
48
45
Adopted this
day of
ATTEST:
~ R~CHARD SPENCER, JRt/
CLERK-TREASURER ~
Presented by me as Clerk-Treasurer to the Mayor of
City of jeffersonville this /3 day of
said
Approved and
signed by me this
, 19_~.
day of
~yO~-DALE L. OREM ·