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HomeMy Public PortalAboutOrdinances-2012-318 CITY OF TI»FFIN ORDINANCE NO. 2012-318 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF TIFFIN, IOWA, BY AMENDING PROVISIONS PERTAINING TO NOISE CONTROL BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. CHAPTER MODIFIED: Chapter 48 of the Code of Ordinances " of the City of Tiffin, Iowa, is repealed and the following is adopted in lieu thereof , CHAPTER 48 NOISE CONTROL 48.01 Scope of Regulations 48.02 Defmitions 48.03 Noise Disturbance Prohibited 48.04 Excluded Sounds 1 48.05 Sound Equipment Permit * f 48.06 Other Laws and Ordinances 48.01 SCOPE OF REGULATIONS. This chapter applies to the control of noise in areas zoned commercial or residential originating within the limits of the City, except in the following cases: • (a) a State or Federal agency has adopted a different standard or rule than that prescribed within this chapter which preempts the regulation of noise from a particular source so as to render this chapter inapplicable, or(b)the 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 the City. - 48.02 DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a, different intention, the following'terms have the following meanings. Definitions of technical terms used in this chapter which are hot herein defined shall be obtained from publications;of acoustical terminology issued by the American National Standards Institute (ANSI): ' 1 1. "Application" means the application discussed in Section 48.05 of this chapter. .2. "Emergency" means any occurrence or set of circumstances involving actual or imminent t physical or'psychological trauma or property damage which demands immediate action. , 3. "Emergency work" means any work performed for the purpose of alleviating or resblving an 4 i emergency. 4. "Noise" means any sound which disturbs humans or which causes or tends to cause an adverse • psychological or physiological effect on humans. f, 5. "Noise disturbance" means those sounds defined as "noise disturbances" in Section 48.03 of this chapter which have not otherwise been excepted and excluded under any of Sections 48.01(b), 48.04 or 48.05 of this chapter. . 6. "Public right-of-way" means the traveled portion of any street or alley or similar place which is owned or controlled by the City or other governmental entity. • 7. "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 division. 8."Residential property" means any property on which is located a building or structure used wholly or partially for living or sleeping purposes. 9. "Sound" means an oscillation in pressure, particle displacement,particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. 10. "Sound equipment"means any radio, record player, tape deck or player, loud speaker, amplifier, sound track or other device for producing, reproducing or amplifying sound, except, however, "sound equipment" does not include(a) sirens and other equipment used to alert persons to the existence of an emergency, (b) equipment used by law enforcement and other public safety officials in the performance of their official duties, (c) church carillons,bells or chimes, (d) mobile radio or telephone signaling devices and(e) automobile and truck radios, tape decks or players or other such standard equipment used and intended for the use and enjoyment of the occupants provided that the sound emitted therefrom is not audible for more than fifty(50) feet from such automobile or truck. 48.03 NOISE DISTURBANCE PROHIBITED. It is unlawful for any person to willfully make or continue or cause or allow to be made or continued any noise disturbance within the City. Except for sounds excluded under any of Sections 48.01(b), 48.05 or 48.06 of this chapter, the term "noise disturbance" includes any sounds that are generally considered injurious or disturbing sounds. Any sound which endangers or injures the welfare, safety or health of a human being or disturbs a reasonable human being of normal sensitivities or causes or tends to cause an adverse physiological or physical, effect on human beings or devalues or injures property. 48.04 EXCLUDED SOUNDS. Any other provision of Section 48.04 or other section of this chapter to the contrary notwithstanding,the term "noise disturbance," as used in'this chapter, does not mean or include the following sounds:` 1. Lawn and Garden Equipment. The sound emitted by motorpow ered muffler-equipped lawn and garden. 2. Chain Saws. The sound emitted by motor-powered tree-trimming. 3. Snow Removal Equipment. The sound emitted by motor-powered,muffler-equipped snow removal and the sound emitted by City-owned or hired snow-removal equipment. 4. Emergencies. The sound emitted in the performance of emergency work or to alert persons to the existence of an emergency. , a 5. Alarms. The sound emitted by the intentional sounding outdoors of any fire,burglar or civil defense alarm, siren,_whistle or similar stationary emergency signaling device for emergency purpose or for the essential testing of such device. 6. Church Bells. The sound emitted by church carillons,bells or chimes. 7. Automobile Radios. The sound emitted by an automobile or truck radio, tape deck or player or other such standard equipment used and intended for the use and enjoyment of such vehicle's occupants while such vehicle,is on the public right-of-way,provided that the sound emitted therefrom is not audible for more`than fifty(50) feet. 8. Certain Signaling Devices.The sound emitted by mobile radio or telephone signaling devices. 9. Religious Ceremonies. The sound emitted in conjunction with a religious celebration. 10. Law Enforcement. The sounds made or caused to be made by law enforcement officials in the performance of their official duties. 11. Construction Noise. The sound emitted by construction work(erection, demolition, excavation, drilling, etc.), which is being performed pursuant to a proper and current building permit. 12: Concrete Sawing. The sawing of concrete in connection with a City project as approved by the City Engineer. 13. Home and yard maintenance provided they are non-routine operations, temporary in nature and conducted infrequently. 14. Nonprofessional athletic events. 15. Agricultural activities. 16. Unamplified human voice.. 17. Parades and City sponsored public events. 18. Routine maintenance provided by the City or its contractors. 19. Sound Equipment. The sound'made by sound equipment operated upon the public right-of- way or in any building or upon any premises,public or private, if plainly audible from any'public right-of-way within the City if the person using, operating or causing to be used or operated the sound equipment possesses a current sound equipment permit in accordance with Section 48.05' and the actual use or operation of such sound equipment is not inconsistent with the statements made in the application or the conditions imposed in the sound equipment permit. 48.05 SOUND EQUIPMENT PERMIT.No person shall use, operate or cause to be useOr operated any sound equipment upon the public rights-of way or in any building or upon any premises, public or private, if the sound emitted thereby is plainly audible from the public right- of-way within the City unless such person has obtained a sound equipment permit in accordance with this section and the actual use or operation of such sound equipment is not inconsistent with the statements made in the application or the conditions imposed in the sound equipment permit. 1. Application for Permit. Applications for sound equipment permits shall be.made in writing to the City Administrator or Building Official and shall contain the following information: I A. Name'and address of applicant. B. The type of event for which the sound equipment will be used. , C. The location where the sound equipment will be used. D. The proposed date and duration of the event and the hours of operation of the sound equipment. E. A general description of the sound equipment, including ivhether the sound source will be located inside a building or,outside as well as the license number of any motor vehicle upon which said sound equipment is to be operated if applicable. F. Any other information as may be required by the City. 2. Permit Fee. The fee for a sound equipment permit shall be as established by resolution of the Council. . 3. Issuance of Permit. Permits may be issued by the City Administrator or his designee(s)..!In the 1 event that two (2)or more designees are selected by the City, Administrator, approval of the r 1 - y{ ' issuance of any permit shall be unanimous. Except as hereinafter provided, if the application contains the required information and is accompanied by the required fee, the sound equipment permit shall be issued with reasonable dispatch. 4. Limitations. A sound equipment permit shall not be issued if the sound to be emitted by the sound equipment would be a noise disturbance under Section 48.03 of this chapter. A sound equipment permit issued in violation of this subsection 4 is void and of no force and effect. 5. Conditions. The Building Official or the Council may impose reasonable conditions and requirements to be met or fulfilled by the sound equipment permit holder preliminary to or at the time of the use or operation of the sound equipment. Such conditions and requirements shall be those conditions and requirements necessary or advisable to protect the health, welfare and quality of life of the residents of the City and may include, without limitation,restrictions on the time of day the sound equipment can be used or operated, restrictions on the level of the sound to be produced and restrictions on the number of minutes or consecutive minutes that the sound equipment may be used or operated during any one hour or day. 6. Permissibility. Any other language to the contrary in this chapter notwithstanding, sound made by sound equipment for which a valid sound equipment permit has been issued under this section 48.05 shall be permissible hereunder and shall not constitute a violation of this chapter regardless of the fact that said sound equipment may be operated upon the public right-of-way or in a building or upon premises,public or private, that is plainly audible from a public right-of- way within the City. 48.06 OTHER LAWS AND ORDINANCES.No provisions of this chapter should be construed to legalize or permit sounds, devices or activities made unlawful by other ordinances of the City or State or Federal statutes. Section 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3 SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. WHEN EFFECTIVE. This ordinance shall be in effect'after its final passage, approval, and posting as provided by law. On the 11`h day of November 2012, at a regular meeting of the,Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2012-318, and moved' that it be given its first reading. The motion was seconded by Councilperson Bartels. Ayes: Bartels, Kahler, Upton, Ryan Nays: None Absent: Phillips E . ' Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared.the motion carried, and Ordinance No. 2012-318,was read the first time, discussed, and.placed on record. On the 12th day of December 2012, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2012-318, and moved that it be given its second reading. The motion was seconded by Councilperson Kahler. Ayes: Ryan, Kahler, Bartels, Upton, Phillips Nayes: None Five members of the Council being present and having voted,"Aye", Mayor Steve Berner declared the motion carried, and Ordinance No.2012-318,was read the second time and discussed and placed on-record. On the 9th day of January 2013, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2012-318, and moved that it be given its third and last reading. The motion was seconded by Councilperson Kahler. Ayes: Phillips, Upton, Bartels, Ryan, Kahler Nayes: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2012-318 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 9th day of January 2013 and approved by the Mayor on the 9th day of January 2013. f , CITY OF TIFFIN, IOWA: By:' STEVE BERNER, Mayor • w : MI H I rokON, City Clerk I, Michon Jackson, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE1 CITY OF TIFFIN, IOWA, BY AMENDING PROVISIONS PERTAINING TO ■ NOISE CONTROL and known as No. 2012 -318 was duly passed by the Council on the 9th day of January 2013, and signed by the Mayor on the 22nd day of January 2013, and published on the 22nd day of January 2013, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2012 318 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa .chon Jac son, ' 1erk