A.

Statement of Public Policy. The city council finds and declares that:

1.

Excessive noise is a serious hazard to the public health and welfare and the quality of life in a close urban society.

2.

A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public.

3.

Certain of the noise-producing equipment in this community is essential to the quality of life herein and should be allowed to continue at reasonable levels with moderate regulation.

4.

Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life.

5.

It is the declared policy of this city to promote an environment free from excessive noise, otherwise properly called "noise pollution," which unnecessarily jeopardizes the health and welfare and degrades the quality of the lives of the residents of this community, without unduly prohibiting, limiting or otherwise regulating the function of certain noise-producing equipment which is not amenable to such controls and yet is essential to the economy and quality of life of the community.

B.

Purpose, Title and Scope.

1.

The purpose of this chapter is to establish standards for the control of noise pollution in the city by setting maximum permissible sound levels for various activities, to protect the public health, safety and general welfare.

2.

This chapter may be cited as the "Noise Control Ordinance of the City of Whitewater."

3.

This chapter shall apply to the control of all noise originating within the limits of the city, except where either:

a.

A state or federal agency has adopted a standard or rule and has so preempted the regulation of noise from a particular source as to render this chapter inapplicable thereto; or

b.

The city council has determined that, by reason of public acceptance of the activity producing a particular noise or noises, such noise is deemed acceptable to the residents of this city.

(Ord. No. 1914A, 2-18-2016)

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings shown. Definitions of technical terms used in this chapter which are not herein defined shall be in conformance with the standard ANSI § 1.1-1994, Acoustical Terminology.

1.

"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time.

2.

"A-weighted sound level" means the sound level in decibels as measured on a sound-level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

3.

"Construction" means any site preparation, assembly, substantial repair, alteration, similar action, for or of public or private rights-of-way, structures, utilities or similar property or similar activity upon public or private structures or land.

4.

"Continuous sound" means sound which is of a steady and uninterrupted nature of a specified time period. For the purpose of this title, the minimum time period shall be one hour.

5.

"Daytime" means the hours between 7:00 a.m. and 10:00 p.m. on any given day.

6.

"Decibel" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the referenced pressure, which is twenty micropascals.

7.

"Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

8.

"Enforcement office(r)" means the city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee/police officer having responsibility for making noise surveys, noise analyses, noise investigations and for the administration of this chapter.

9.

"Equivalent sound level (Leq)" means the average sound level measured over a stated period of time. For the purpose of this chapter, the averaging time shall be one minute.

10.

"Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

11.

"Impulse sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

12.

"Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature.

13.

"Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

14.

"Leq" means equivalent continuous sound level.

15.

"Lmax" means the maximum instantaneous sound level reading.

16.

"Mobile noise source" means any noise source other than a fixed noise source.

17.

"Nighttime" means the hours between 10:00 p.m. and 7:00 a.m. on any given day.

18.

"Noise disturbance" means any noise exceeding the noise-level limits for a designated land-use category specified in Table 1 or 2.

19.

"Noise sensitive area" means any area designated by the planning commission for the purpose of ensuring exceptional quiet.

20.

"Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place which is owned or controlled by a government entity.

21.

"Public space" means any real property or structures thereon which are owned or controlled by a governmental entity.

22.

"Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches by the enforcement officer or police officer.

23.

"Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

24.

"Sound-amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment, as used in this title, shall not be construed as including standard automobile radios when used and heard only by occupant(s) of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes. This definition shall include remotely located loudspeakers attached to and/or operated from a vehicle.

25.

"Sound-level meter" means an instrument, including a microphone, an amplifier, and an output meter for the measurement of sound levels, which meets or exceeds the requirements for Type 2 meters in American National Standards Institute specifications for sound-level meters, S1.4-1971.

26.

"Vibration perception threshold" means the minimum ground-borne 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. The perception threshold shall be presumed to be a motion velocity of .001 inches per second over the range of one to one hundred Hz.

27.

"Weekday" means any day, Monday through Friday, which is not a legal holiday.

(Ord. No. 1914A, 2-18-2016)

The provisions of this chapter shall not apply to:

A.

The emission of sound for the purpose of alerting persons to the existence of an emergency;

B.

The emission of sound in the performance of emergency work;

C.

Noncommercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way, except those activities controlled by Sections 19.58.040, 19.58.090 and 19.58.100;

D.

Agricultural activities, exclusive of those involving the ownership or possession of animals or birds;

E.

Rail and air transportation and public mass transportation vehicles;

F.

The emission of sound in connection with activities conducted at Perkins Stadium during events permitted by the city;

G.

The emission of sound in the discharge of weapons or in fireworks displays licensed by the city council;

H.

The emission of sound in the operation of snow removal equipment;

I.

Parades or processions for which a parade permit has been issued by the city;

J.

Residential garbage collection activities as contracted for by the city;

K.

The emission of sound in the operation of yard maintenance equipment.

(Ord. No. 1914A, 2-18-2016)

A.

Residential noise disturbances (even if the residence is located in a commercial district) shall be governed by this section and shall not be subject to the sound levels established in Section 19.58.060.

B.

No person shall make, allow or assist in making any noise from a residence or residential yard which is likely to unreasonably disturb the peace and quiet of any person outside of the residence.

C.

For the purpose of this section:

1.

It is not necessary to prove that any particular person was disturbed by the noise.

2.

A resident of a premises is in violation of allowing a noise disturbance at the premises under this section if noise in violation of this section is emitted from a residence and the authorities are unable to gain entry to the premises or sufficient information to identify the actual parties at the premises at the time of the disturbance.

3.

All residents of a residential unit who are at the premises at the time of a noise disturbance are deemed to have allowed the disturbance.

(Ord. No. 1914A, 2-18-2016)

No person shall make, continue, or cause to be made or continued, except as permitted, any noise disturbance as defined in this chapter, or any noise in excess of the limits for such noise established in this chapter.

(Ord. No. 1914A, 2-18-2016)

A.

Maximum Permissible Sound Levels. With the exception of sound levels elsewhere specifically authorized or allowed in this chapter, the following are the maximum permissible sound levels allowed at the real property boundary of the source of offending noise. No person shall produce or allow the production of noise in excess of that specified in Table 1 or 2.

TABLE 1 SOUND LEVEL LIMITS FOR DAYTIME
(7:00 a.m.—10:00 p.m.) in dBA

TABLE 2 SOUND LEVEL LIMITS FOR NIGHTTIME HOURS in dBA

For the purpose of this chapter, sound levels in excess of the dBA listed in Table 1 or 2 above shall be deemed a violation.

(Ord. No. 1914A, 2-18-2016)

A.

No person shall operate or permit the intentional 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, as provided in subsection B. of this section.

B.

Testing of a stationary emergency signaling device shall occur at the same time of day each time the test is performed, but not before 9:00 a.m. or after 4:00 p.m. Any such testing shall use only the minimum cycle test time.

(Ord. No. 1914A, 2-18-2016)

A.

Loading and Unloading. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 7:00 p.m. and 7:00 a.m. the following morning as to create a noise disturbance across a residential real property boundary or within a noise sensitive area. This section shall not apply to activities covered by Section 19.58.110.

B.

Vehicle or Motorboat Repairs and Testing. No person shall repair, rebuild, modify or test any motor vehicle in a public or private place out of doors or within a noise sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following day.

(Ord. No. 1914A, 2-18-2016)

A.

No person shall so operate, play or permit the operation or playing of any sound equipment so as:

1.

To create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area;

2.

To create a noise disturbance fifty feet from the 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.

B.

Sound Equipment.

1.

No person shall use, operate or cause to be used or operated any sound equipment, upon the public streets or in any building or upon any premises, public or private, if the sound therefrom is plainly audible from any public street or public place within the city.

2.

Sound equipment shall not include:

a.

Equipment used for public health and safety purposes;

b.

Church or clock carillons, bells or chimes;

c.

Automobile radios, tape decks or CD players, or other standard automobile equipment used and intended for the use and enjoyment of the occupants, provided the sound emitting therefrom is not audible for more than fifty feet from the vehicle;

d.

Recorded music used in a nonresidential district in conjunction with a civil or religious celebration;

e.

Live music provided, sponsored or funded, in whole or in part, by a governmental entity.

(Ord. No. 1914A, 2-18-2016)

A.

No person shall operate the engine providing motive power or an auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds or more for a consecutive period longer than twenty minutes while such vehicle is standing and located within one hundred fifty feet of property zoned and used for residential purposes except where such vehicle is standing within a completely enclosed structure and does not create a noise disturbance across a real property boundary as defined in Section 19.58.060 of this chapter unless approved by a conditional use permit. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.

B.

No person shall operate within the speed limits specified in this section either a motor vehicle, or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such manner as to exceed the noise limit listed hereinbelow for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which operated, such noise to be measured at a distance of no more than fifty feet from the center line of travel under test procedures established by subsection C. of this section. In the event the distance of the measuring instrument from center line of travel is less than fifty feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers or noise control.

C.

The measurement of sound or noise shall be made with a Type 1 or 2 sound level meter meeting the standards prescribed by the American National Standards Institute or its successor body. The instrument shall be calibrated and maintained in good working order. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or attenuation of the measured noise. A windscreen for the microphone shall be used when required.

D.

No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler cut-out or bypass, and no person shall operate a motor vehicle or motorcycle which has been so modified. A motor vehicle so operated shall be deemed equipped with a muffler which emits excessive and unusual noise and which is not in good working order.

E.

No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property in such a manner that the sound level resulting from such operation exceeds:

1.

Seventy-three dBA for any total of three minutes in any continuous one-hour period, or exceeds ninety dBA for any period of time during such operation. Sound levels which exceed the limits herein described at the real property boundary of the source property shall be deemed a noise disturbance.

2.

Notwithstanding Section 19.58.030 of this chapter, no person shall permit the conducting of any part of an organized racing event which involves contest between or among recreational vehicles on public or private property between the hours of 10:30 p.m. and 10:00 a.m. the following morning.

(Ord. No. 1914A, 2-18-2016)

A.

This chapter shall not prohibit the operation of any tools or equipment in public or private construction, drilling, demolition work, or in maintenance work between the hours of 7:00 a.m. and 9:00 p.m. Additional hours of construction may be granted by the zoning administrator or his designee.

B.

The terms of this section shall not apply to emergency work or repair work performed by or for governmental entities or public service utilities.

(Ord. No. 1914A, 2-18-2016)

A.

No person shall operate or permit the sounding of any stationary bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place, for more than one minute in any hourly period.

B.

Devices used in conjunction with the places of religious worship shall be exempt from compliance with this section.

C.

Exemptions for sound sources covered by this section, but not exempted under subsection B. of this section, may be granted under the procedure set forth in Section 19.58.150.

(Ord. No. 1914A, 2-18-2016)

No person shall own, possess or harbor any animal or bird which frequently or for continued duration emits sounds native to the species which are a noise disturbance across a residential real property boundary, or within a noise sensitive area.

(Ord. No. 1914A, 2-18-2016)

A.

The noise control program established by this chapter shall be implemented, administered and enforced by the zoning department and police department.

B.

The provisions of this chapter which prohibit the making, continuing of a noise disturbance, or causing the making or continuing of a noise disturbance across a real property boundary or within a noise sensitive area, shall be enforced upon receipt of complaint made or filed with the city officials by a person disturbed by such noise disturbance or by direction of the chief of police or his or her designee. Certification by an official charged with enforcement of provisions of this chapter that such complaint was made shall be sufficient to establish the fact of such complaint.

C.

Noise and vibration measurements shall be made in compliance with generally accepted practices and procedures. The zoning administrator shall prepare, and make available upon request, a "Code of Recommended Practices" for the measurement of noise and vibration.

D.

To implement and enforce this chapter the zoning department and police department shall have the additional power to:

1.

Conduct research, monitoring, and other studies related to sound;

2.

Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise, as well as the actions prohibited by this chapter and the procedures for reporting violations;

3.

Coordinate the noise control activities of all municipal departments;

4.

Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this chapter, if these projects are likely to cause sound in violation of this chapter;

5.

Upon presentation of proper credentials, enter and inspect any private property or place, any time when granted permission by the owner, resident or by some other person with apparent authority to act for the owner;

6.

Issue noise variances pursuant to the provisions of Section 19.58.150;

7.

Prepare recommendations for consideration by the city council, after publication of notice and public hearing, for establishing the boundaries of noise sensitive areas.

E.

All departments and agencies of the city shall carry out their programs in furtherance of the policy of this chapter.

(Ord. No. 1914A, 2-18-2016)

A.

Any person who cannot comply with provisions of this noise ordinance due to technological limitations or in cases of significant hardship, may apply for a conditional use permit in accordance with Chapter 19.66 of this code. Through this process, the governing body may grant a conditional use permit to exceed the provisions of this chapter for a specific period of time.

B.

During this period of time, the operators of the nonconforming noise source must make every reasonable attempt to come into compliance with this chapter. Should total compliance not become feasible at the time the conditional use permit expires, the operator of the source must demonstrate to the satisfaction of the governing body that a good faith effort has been made to come into compliance. If a good faith effort is demonstrated to the satisfaction of the governing body, the governing body may, at its discretion, extend the conditional use permit for an additional period of time.

(Ord. No. 1914A, 2-18-2016)

Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty of not less than $150.00 or more than $300.00 for the first offense; and for the second offense within one year shall be subject to a penalty of not less than $200.00 or more than $400.00; and for the third and subsequent offenses within one year, not less than $300.00 or more than $500.00, together with the costs of prosecution.

(Ord. No. 1914A, 2-18-2016)