WHEREAS, excessive noise is a serious hazard to the public health and welfare and the quality of life in a close urban society; and,
WHEREAS, a substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public; and,
WHEREAS, certain 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; and,
WHEREAS, each person has the right to an environment reasonably free from noise which jeopardizes health, welfare, or which unduly interferes with a property owner’s right to the use or enjoyment of their property; and,
WHEREAS, it is recognized that residential land uses are more noise-sensitive than commercial and industrial land uses; and,
WHEREAS, 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.
Be It Ordained by the City Council of Hawarden, Iowa as follows:
Section 1. Amendment. The Hawarden Municipal Code is hereby amended by adding a new Chapter 8.70, "Noise Nuisances" as follows:
Chapter 8.70. NOISE NUSAINCES
8.70.01 Purpose; definitions.
- The purpose of this article is to control excessive noise that interferes with the comfortable enjoyment of life, property, recreation or conduct of business as defined and described in this article.
- As used in this article, the following words and terms shall have the meanings respectively ascribed:
Ambient noise shall mean background or surrounding noise.
A-Weighted Sound Level shall mean the sound pressure level in decibels as measured on a sound level meter using the A-Weighted filter network. The A-Weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness.
City Administrator shall mean the City Administrator, City Administrator’s designee or any peace officer.
Construction shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights of way, structures, utilities or similar property demolition.
Noise measurement location shall mean the location shall be at the property line of the noise-producing property, or beyond.
Noise Measurement Method shall mean the measurement of the noise shall be made with a decibel meter meeting the standards prescribed by the American Standards Association and using the A-weighted, fast response. Measurements shall be taken so as to provide a proper representation of the noise being measured. The microphone shall be placed three to five feet above ground level, when possible, and positioned so as not to create any unnatural enhancement or diminution of the measured noise. Traffic, aircraft, and other transportation noise shall not be considered in taking measurements, except where such background noise interferes with the primary noise being measured.
Noise nuisance means:
- Any loud, irritating, vexing, disturbing, or unreasonable sound which causes distress, annoyance, discomfort or injury to or which interferes with the comfort or repose of any reasonable person of ordinary nervous sensibilities in the vicinity or hearing thereof, or any sound which endangers or injures the safety or health of humans or animals, or any sound which interferes with the physical well-being of humans or animals, or any sound which endangers or injures person or real property;
- Any noise measured in excess of 65 Dba for a residentially zoned property, or 80 dBA for any non-residentially zoned property between the hours of 11 p.m. and 6 a.m.
Receiving land use shall mean the use or occupancy of the property, which receives the transmission of “sound”.
Sound level (noise level) shall mean the weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971).
Sound level meter shall mean an instrument, which includes a microphone, amplifier, RMS detector, integrator, or time averages, output meter, and weighing network used to measure sound pressure levels.
8.70.02 General Noise Restriction/Exceptions.
A person may not create, generate, produce, cause, permit, or emanate a noise nuisance.
- The following exceptions to the above restriction shall apply to the activities listed below at all times:
- Sound produced by a vehicle motor while the vehicle is moving on a public right-of-way, public waterway, airport runway, or railway;
- Sound produced by any governmental body in the performance of a governmental function to include work performed by or for public or private utilities.
- Sound generated at or by a parade route during a lawful and permitted parade, a scheduled stadium event, or at outdoor celebrations sponsored or co-sponsored by the city or any governmental body in the performance of its duty, or as otherwise allowed by law; or
- The emission of sound made by safety signals, warning devices, and sound resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency.
- The emission of sound during nonprofessional athletic and school events or practices.
- The emission of sound from the use of snow removal equipment.
- The following exceptions to the above restriction shall only apply to the activities listed below between the hours of 6am to 11pm:
- The emission of sound through the un-amplified human voice.
- The activity, operation or noise source emanates from an operation or activity (including, by way of example only, but not limited to, construction, reconstruction, remodeling, and rebuilding of any structure or place in conformity with applicable provisions of this Code and state law) that cannot reasonably be done in an alternative manner, time, or place so as to otherwise comply with this article.
- The emission of sound from the use of lawn and garden equipment and chainsaws.
- The conduct of one-day auction/sale events.
- Downtown background music on Central Avenue between 7th and 10th Streets.
- Agricultural activities associated with the raising and harvesting of crops, exclusive of those involving the ownership or possession of animals or birds.
- Religious organizations conducting worship service outdoors with musical components.
8.70.03 Permits for Exception.
- Applications for a permit for relief from the noise restrictions designated in this article on the basis of undue hardship may be made to the City Administrator. A letter of request containing the basis for the request and a ten-dollar fee must accompany each application. The relief requested may be granted upon a good and sufficient showing:
- That additional time is necessary for the applicant to alter or modify his activity or operation to comply with the provisions of this article;
- That the activity, operation, noise or vibration source will be of temporary duration and cannot reasonably be done in a manner that would comply with this article; or
- That no reasonable alternative is available to the applicant.
- If granted, the permit shall be in writing and contain all conditions upon which such permit is granted, including, but not limited to, the effective dates, any time-of-day, location, sound-pressure-level, or equipment limitations. The City Administrator may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding area.
- In the event the City Administrator denies an application for a permit for relief from the noise restrictions designated in this article, or grants relief under conditions the applicant finds unacceptable, the affected party may appeal the decision to the City Council by filing a written letter with the City Administrator within ten (10) calendar days after receiving notice of the city administrator’s decision. The appeal letter must specifically state each and every point of contention with the city administrator’s determination. The city manager shall immediately cause the appeal to be placed on the next regular meeting agenda of the city council for discussion and action. At that meeting, the city council shall consider the intent contained in this article, the City Administrator’s reason for denying a permit or applying conditions, the points raised in the letter of appeal, and relevant surrounding facts.
8.70.04 Enforcement.
- Responsible Violators. The persons responsible for violations of this article are identified as follows:
- At private residences. Any adult resident present at the time of the offense, and any adult guest or adult trespasser with the ability to control the level of noise at the time of the offense when no adult resident is present at the time of the offense.
- At business locations. Any business owner, operator, manager, employee in charge, and all persons in control or in possession of the noise nuisance-generating instrument or property at the time of the offense.
- At any location with an unattended noise nuisance-producing machine, device, instrument, child, animal, or combination of the same. Any person who leaves unattended any machine, instrument, device, child, animal, or any combination of same, which thereafter commences producing noise in violation of this article.
- Warning. Any person or persons violating this ordinance shall be first warned of the unlawfulness of such noise activity and be given a reasonable opportunity to peacefully disperse, discontinue or to abate such noise condition prior to their being subject to further enforcement action. Only one warning shall be issued per occurrence. Not more than one warning shall be necessary during any 24hr period for any site.
- Determination of violation. An arrest, citation, summons, or complaint for the violation of any part of this article must be based on probable cause arising from:
- The complainant’s physical sense perceptions and observations of the unreasonable noise as defined herein, at the time such is occurring; or
- Sound level measurements, taken in accordance with this article, which exceed the stated limits, or
- A combination of the foregoing two (2) types of evidence.
- Enforcement Remedies and Penalties. In the event that the noise violation is not abated as ordered and within the time specified, the City may abate such violation by one or more of the methods listed below. Each time the noise violation is not abated as directed shall be considered a separate violation, with a minimum of 30 minutes between noise violations declared by the enforcement officer. Increased fines for Repeat violations may be issued for similar violations at the same location within 30 days.
- Issuance of a municipal infraction.
- Undertaking the public abatement of the violation and assessment of costs thereof.
- Prosecution as a misdemeanor.
- Remedied by means of civil court proceeding or any other lawful process pursuant to the Code of Iowa.
Section 2. Repealer. All ordinances or part of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 3. Severability. If any section, provision, or part of this ordinance shall be adjudged to be 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. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication as provided by law.
Passed and approved this 13th Day of October, 2004.
________________________
Ricard Porter, Mayor
ATTEST:
_____________________________
Craig M. Coffey, City Administrator
| First Reading: |
August 25, 2004 |
| Second Reading: |
September 8, 2004 |
| Third Reading: |
September 22, 2004 |
I hereby certify that the foregoing Ordinance No. 629 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 29th day of September, 2004.
_____________________________
Craig M. Coffey, City Administrator
