HomeMy Public PortalAboutOrdinances-2006-282 CITY OF TIFFIN IOWA ORDINANCE NO. 2006 - 282
AN ORDINANCE ESTABLISHING STANDARDS FOR THE CONTROL OF
NOISE POLLUTION WITHIN THE CITY LIMITS BY SETTING MAXIMUM
PERMISSIBLE SOUND LEVELS FOR CERTAIN ZONING DISTRICTS AND
CERTAIN ACTIVITIES IN ORDER TO PROTECT THE PUBLIC HEALTH,
SAFETY AND GENERAL WELFARE OF THE CITIZENS, AND TO
PROTECT THE VALUE OF PROPERTY, AND THE QUALITY OF THE
ENVIRONMENT.
Section 1. Purpose: The purpose of this ordinance is to establish standards
for the control of noise pollution in the city by setting maximum permissible sound
levels for zoning districts and also for various activities, regardless of the zoning
district,in order to protect the public health, safety and general welfare.
Section 2. Application: This ordinance applies to the control of noise
producing activities and objects originating within the limits of the city or originating
from properties lying outside the limits of the city owned or controlled by the city
with a lease or other similar arrangement, except where either:
1) Another ordinance, such as the zoning ordinance provides for'the'noise
2). A state or federal agency has adopted a different standard or rule than that
prescribed within this ordinance and has so preempted the regulation of
noise from a particular source as to render this ordinance inapplicable
thereto, or
3) The city council has determined that, by reason of public acceptance of the
activity producing a particular noise, such noise is deemed acceptable to the
residents of this city.
Section 3. Definitions: As used in this ordinance, unless the context clearly
indicates otherwise:
1. "Noise" means the intensity, duration and character of sounds from any and
all sources.
2. "Person" means any individual, corporation, partnership, association,
governmental body, state, or other entity whatsoever.
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3. "A-weighted sound level" mean the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level is
designated dB(A) or dBA.
4. Amplified Sound: Sound that is increased in intensity and duration by
electrical, electronic,mechanical or other nonhuman means. I
5. Decibel (dB): A logarithmic and dimensionless unit of measure used in
describing the amplitude of sound, equal to twenty (20) times the logarithm to the
base-10 of the ratio of the pressure of the sound measured to the reference pressure,
which is twenty (20) micropascals (20 micronewtons per square met r).
6. Plainly Audible Noise: Any noise for which the information content of the
noise is transferred to the listener such as,but not limited to, under sitanding of spoken
speech, comprehension of whether a voice is raised or lowered or comprehension of
musical rhythms.
7. Powered Model Vehicle: Any self-propelled airborne, waterborne or land-
borne model plane,vessel or vehicle not designed to carry persons,lincluding, but not
limited to, any model airplane, boat, car or rocket.
8. Public Place: Any street, avenue, boulevard, highway, sidewalk or alley or
similar place owned or controlled by the city, including any structure or park.
9. Real Property Boundary: 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 infra-building real property divisions.
10. Sound level: The weighted sound pressure level obtain fd by the use of a
sound level meter and frequency weighting network, such as A, B or C as specified in
American National Standards Institute specifications for sound level meters (ANSI
51.4-1971, or the latest approved revision thereof). If the frequency,weighting
employed is not indicated, the A-weighting applies.
11. Sound Level Meter: An instrument which includes a microphone, amplifier,
RMS detector,integrator or time-average, output or display meter land weighting
networks used to measure and read sound pressure levels which,when properly
calibrated, complies with American National Standards Institute.
Section 4. Maximum Noise Standards by Zoning Districts,
A. Excluding under this ordinance are the commercial and industrial
zones, which are regulated by the Zoning Ordinance
B. All Residential Zones: 60
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C. PAD: 60 -
D. Public and Open Spaces: 70
Section 4. Prohibited Activities: Regardless of the zoning district that the
noise originates from, the following acts, but not limited to those listed, are deemed
to be loud, disturbing, unusual, unreasonable and unnecessary noises in violation of
this ordinance:
A. Nighttime And Morning Noise: No person may load, unload, open, close or
handle boxes, crates, containers, building materials, garbage cans or similar
objects outdoors between the hours of 10:00 P.M. and 6:00 A.M.. the following
morning, so as to create a noise disturbance across a residential real property
boundary.
B. No person shall operate construction,equipment before 7:00 A.M. and after
10:00 P.M. unless the city council grants a written exception with an expiration
date.
C. Powered Model Vehicles: No person may operate or permit the operation of
powered model vehicles in a residential zone, as defined in the zoning code or
in a public place between the hours of 10:00P.M. and 7:00 A.M. the following
morning.
D. Sound Trucks and Other Devices: No person may operate or permit the
operation upon the public streets of a sound truck or other device for
producing, reproducing or amplifying sounds without a permit.
Section 5. Sound Equipment and Amplifying Equipment.
1. No person may use, operate or cause to be used or operated any radio,
record player, tape deck or player,loudspeaker, amplifier, sound truck or other
device for producing, reproducing or amplifying sound, hereinafter referred to as
"sound equipment", upon the public streets or in any building or upon any
.premises, public or private, if the sound created is plainly audible across a
residential real property boundary from any public street or public place within the
city, unless said person:
(1) First obtains written permission from the City Council in accordance with
this ordinance;
(2) Complies with any conditions imposed by the written permission,
including the maximum permitted sound level shown therein; and
(3) Complies with all other applicable provisions of this ordinance.
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b. Sound equipment does not include:
(1) Equipment used for political advertisements.
(2) Equipment used for public health and safety purposes.
(3) Church or clock carillons, bells or chimes.
(4) Parades, processions or other public events for which a parade or other
permit has been issued, provided the conditions of the permit are complied
with •
(5) Automobile radios, tape decks orplayers or other standard automobile
equipment being used by the occupants, provided the sound emitted is not
plainly audible for more than fifty feet (50') from the vehicle.
(6) Recorded music used in a nonresidential zone in conjunction with a civil or
religious celebration.
(7) Un-amplified live music provided, sponsored or funded,in whole or in
part, by a governmental entity.
(8) Mobile radio or telephone signaling devices.
(9) Car or truck horns or similar devices when used to denote danger or a
warning or possible danger.
2. Obtaining Permission from City Council: In order to obtain written permission
required herein, a request must be made, in writing, to the city clerk and any
information as the city may require. If the request contains the required
information and the proposed use complies withithe requirements of this
ordinance, the city clerk will place the request on the agenda for the next regularly
scheduled council meeting.
3. Types of Permits; Standards:
a. Type A Permit: A type A permit may be issued for sound equipment emitting
music or human speech registering not more than sixty (60) dB(A)s when the
sound level is measured at the real property boundary of the private residence
nearest the sound equipment and measuring not more than one hundred (100)
dB(A)s at a distance of fifty feet (50') from the sound equipment. Sound
equipment permitted under a type A permit may be used only in areas of the city
zoned for nonresidential and only between the hours of 9:00 A.M. and 9:00 P.M.
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b. Type B Permit: Sound trucks may be operated only under a type B permit. A
type B permit may be issued for sound equipment mounted upon a motor
vehicle and intended for use upon city streets, provided the sound equipment
emits only music or human speech registering not more than eighty (80) dB(A)s
when the sound level is measured at a distance of one hundred feet (100') from
the sound equipment. Sound equipment permitted under a type B permit may
be used only in nonresidential areas and only from 9:00 A.M. to 9:00 P.M.
c. Type C Permit: A type C permit may be used for sound equipment emitting
music or human speech registering not more than 60 dB(A)s when the sound
level is measured at the real property boundary of the private residence nearest
the sound equipment and registering not more than 100 dB(A)s when the sound
level is measured at a distance of fifty feet from the sound equipment. Sound
equipment permitted under a type C permit may be used only in public parks
owned and operated by the city or public grounds owned and operated by
another government body from 10:00 A.M. to 11:00 P.M. for events authorized
and approved by the city or other body having jurisdiction over the park or
public grounds.
d. Type D Permit: A type D permit may be issued for sound equipment emitting
music or human speech registering not more than 60 dB(A)s when the sound
level is measured at the real property boundary of the residence nearest the
sound equipment and registering not more than 100 dB(A)s when the sound
level is measured at a distance of fifty feet from the sound equipment. Sound
equipment permitted under a type D permit may be used only on school or
church grounds or in conjunction with a school sponsored or church sponsored
activity from 10:00 A.M. to 11:00 P.M. for events authorized and approved by
the authorities having jurisdiction of the grounds.
4. Permit Fees:
a. Fees for sound equipment permits may be established by resolution of the city
council.'
b. No fee will be required for any sound equipment permit issued to the city,
state or the federal government or any other governmental subdivision or
agency.
5. Separate Permits Required; Non-transferability; Display: A separate permit is
required for each type of activity described below. Permits are non-transferable
and must be conspicuously displayed on or immediately adjacent to the sound
equipment.
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B. Use Of Equipment For Commercial Advertising Prohibited: No sound equipment
is permitted to be used on public streets or public places or in any building or
upon any premises if the sound will be plainly audible from any public street or
public place within the city, when any such use is for commercial advertising
purposes or for the purpose of'attracting the attention of the public to any
building or structure for monetary gain.
The provisions do not apply to:
A. The emission of sound for the purpose of alerting persons to the time of day, the
existence of an emergency or the approved testing of the system.
B. The emission of sound in the performance of emergency work, including snow
removal and maintenance of trees.
C. The un-amplified human voice, except those activities specifically controlled by the
provisions of this chapter.
D. Agricultural activities, exclusive of those involving the ownership or possession of
animals.
E. Snowmobiles regulated by the code of Iowa, as amended.
F. Rail and air transportation and public'mass transportation vehicles.
G. Emergency vehicles, such as fire trucks and ambulances.
H. Nonprofessional athletic events.
I. Essential services, such as electrical substations and safety devices.
J. Construction and maintenance activities between 7:00 A.M. and 10:00 P.M.
"Maintenance activities" are be non-routine operations, temporary in nature and
conducted infrequently.
K., Cement sawing of freshly poured concrete street, alley, sidewalk or road surface.
L. Un-amplified live music provided, sponsored or funded, in whole or in part, by a,
governmental entity.
M. The emission of sound by individuals with the written consent of the city for the
purpose of implementing a city approved deer management plan.
Section 5: ADMINISTRATION AND ENFORCEMENT:
The mayor or designee has the following powers:
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A. To enter and inspect any private property or place and inspect any report or
records at any reasonable time when granted permission by the owner or by some
other person with apparent authority to act for the owner or a tenant of the
premises. If consent to inspect is withheld, the officer may apply for an
administrative search warrant as provided by state and federal law.
B. To require certification by a registered engineer or other qualified person that the
performance standards for a proposed use can be met
Section 6: VIOLATION:
Violation of this chapter is a municipal in' fraction-or a simple misdemeanor, as the
•
City may elect
Section 7. Penalty Provision. The city may elect, at its sole discretion, to prosecution
any violation either as simple misdemeanor or a municipal infraction:
Section 8. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 9. Severability. y If any section; provision, or part`of this ordinance will be
adjudged to be invalid or unconstitutional, such adjudication will not affect the
validity. of the ordinance as a.whole, or any section, provision, or part thereof not
adjudged invalid or unconstitutional.
Section 10. Effective Date. This ordinance will be in effect after its final passage,
approval, and posting as provided by law.
On the 8th day of November 2006, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson . Bartels introduced Ordinance No.
2006-282 , and moved that it be given its first reading. The motion was
seconded by Councilperson Wright
Ayes: Wright, Dils, Bartel , Demuth and Petersen_
None
Nays:
•
Fimbers of the council`°being present and having voted "Aye", Mayor Glen R
Potter declared the motion carried; and Ordinance No. 2006-282 , was read the- -
first time and discussed and placed on record:
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Thereupon, it was moved by Councilperson Dils and
seconded by Councilperson Wright that the laws
and rules providing that ordinances be considered and voted on for passage at two
council meetings prior to the meeting at which it is to be finally passed be suspended
and dispensed with and that Ordinance No. 2006-282 be placed on its last
reading. •
Ayes:
Demuth, Wright, Bartels, Dils and Petersen
Nays: None.
Dilsmembers of the council being present and having voted "Aye", Mayor Glen R
Potter declared the motion carried, and Ordinance No. 2006-282 , was then
placed on its last reading and was read the last time.
n
Thereupon, it was moved by Councilperson Wright and
seconded by Councilperson Poterssn that
Ordinance No. 2006-282 be placed upon its final passage and adopted.
Ayes: Wright, Demuth, Bartels, Dils and Petersen
Nays:
None.
Five members of the council being present and having voted "Aye", Mayor Glen R
Potter declared the motion carried, and the ordinance was passed and adopted.
Whereupon the mayor declared that Ordinance No. 2006-282 be adopted
and signified his approval of same by fixing his signature thereto.
Passed by the council on the 8th day of November 2006 and
approved by the mayor on the 8th day of November 2006.
GLEN R. POTTER,Mayor
ATTEST:
•
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2006-282
MA.RG.1a B. ' ' IFIMA■, City Clerk
I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled:
and known as No. 2006-282 was duly passed by the council on the 8th . day
of Movember 2006, and signed by the mayor on the 8th day of
Nnv mhPr 2006, and published on the 17thday of November 2006,
by posting copies thereof in three public places within the limits of the City of Tiffin,
Iowa.
• That I posted copies of Ordinance No. 2006-282 in the following places:
Morgan's Service
On the Go Convenience Store
Solon State Bank of Tiffin
'GA( T B. REI '- 1, City Clerk
•
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