(a)

In view of the residential character of the city, and in recognition that noise is unwanted sound which can disturb persons, the creation of any unreasonably loud or disturbing noise, of such intensity or duration so as to cause distress or discomfort in persons of ordinary sensibilities in the area, is prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to cause or permit any sound to be emitted at levels above the allowable noise levels as set forth in section 82-362.

(b)

Noise shall be measured at the property line or boundary of any affected property or properties.

(Code 1999, § 17.38.010)

The allowable noise level within a zoning district, as such districts are defined in this chapter, shall be as set forth in the following table. The noise levels are to be determined by measuring decibels (dB) using the A scale at slow response on a standard sound-level meter.

(Code 1999, § 17.38.020)

Editor's note— Ord. No. 2007-30, § 1, adopted November 20, 2007, repealed § 82-363, which pertained to permitted variations in noise levels; prohibited levels and derived from § 17.38.030 of the 1999 Code. Subsequently, Ord. No. 2008-04 § 1, adopted February 19, 2008 also provided for the repeal of § 82-363.

For the purpose of determining compliance with the noise standards in this article, the following noise sources shall be excepted:

(1)

Noises emanating from the construction, grading, repair, re-modeling or maintenance activities between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday only, excluding city recognized holidays.

(2)

Noises of safety signals, warning devices, emergency pressure relief valves, water wells and sewer lift stations.

(3)

Occasional private outdoor gatherings, and public events.

(4)

Air conditioning or refrigeration systems or associated equipment in reasonable repair.

(5)

Emergency and repair activities of any public entity or a utility.

(Code 1999, § 17.38.040; Ord. No. 2007-30, § 2, 11-20-2007; Ord No. 2008-04, § 2, 2-19-2008)

Any person, corporation, or entity who or which shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $2,000.00. Each occurrence of any violation shall constitute a separate offense.

(Code 1999, § 17.38.050; Ord. No. 2007-30, § 3, 11-20-2007; Ord No. 2008-04, § 3, 2-19-2008)