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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 ·