§ 21-52 — Noise nuisance enumeration

Sec. 21-52. - Noise nuisance enumeration.

(a) The following acts, among others not hereinafter enumerated, are declared to be "noise nuisances," and are unlawful and in violation of the provisions of this division when such acts are done or accomplished or carried on in such a manner, or with such volume, intensity, or with continued duration, so as to annoy, to distress, or to disturb the quiet, comfort, or repose of a person of reasonable nervous sensibilities, within the vicinity or hearing thereof, or so as to endanger or injure the safety or health of humans or animals, or so as to interfere with the physical well being of humans or animals, or so as to endanger or injure personal or real property: (1) The playing or permitting or causing the playing of any radio, television, phonograph, drum, juke box, nickelodeon, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound. (2) Any loud or vociferous language or any soliciting for, or description of, any amusement house, moving picture theater, or other like place of amusement, or for the performance therein, in the entrance thereto, the foyer or lobby thereof, or on the sidewalks adjoining the same. (3) The keeping of any animal, fowl, or bird, which makes frequent or long, continued noise. (4) The continued or frequent sounding of any horn or other signal device on any automobile or vehicle, motorcycle, bus or other vehicle, except as a danger signal. (5) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, automobile, motorcycle, or other motor vehicle or boat, except through a muffler or other device which prevents loud or explosive noises therefrom. (6) The erection, including construction, excavation, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in construction, excavation, drilling, demolition, alteration or repair work: a. Other than during the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m. on Monday through Friday and eight o'clock (8:00) a.m. and eight o'clock (8:00) p.m. on Saturday and nine o'clock (9:00) a.m. and five o'clock (5:00) p.m. on Sunday, except on legal holidays as defined in section 21-51; or b. Other than when a waiver, as defined below, is issued by the building official or designee; or c. At any time such that the sound level at or across a real property boundary exceeds eighty (80) dBA; or d. This section shall not apply in cases of urgent necessity in the interest of public safety, or in cases of public convenience, including city sponsored or co-sponsored fiestas, parades, and public events; or e. Concrete pours when the notification process, when required, has been performed; or f. Limited heavy machinery and construction equipment repairs thirty (30) minutes before the listed construction hours or after the listed construction hours, but no later than ten o'clock (10:00) p.m. Waiver. A waiver to perform erection, including construction, excavation, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in construction, excavation, drilling, demolition, alteration or repair work during hours not approved per section 21-52(a)(6)a. can be requested and issued by the building official or designee. The request for waiver must be submitted one (1) business day prior to the start of off-hour construction and must detail the reason for the request and dates and times of the off-hour construction. The waiver will be issued for a maximum of one-week intervals. If the erection is completed on a parcel located within three hundred (300) feet of an occupied residential structure the notification process must be completed prior to the commencement of work. Waivers may be issued due to special conditions such as weather related conditions; and/or where literal enforcement of the ordinance would result in unnecessary hardship. Notification process. Any occupied residential structure within three hundred (300) feet of the parcel containing the approved construction must receive written notice, via flyer and/or door hanger, of the dates and times of the proposed construction, with a point of contact's name and number. This notification is to be delivered a minimum of seventy-two (72) hours before the scheduled work starts. For occupied residential structures that are located within gated communities and/or apartment complexes, notification to the home owners association, neighborhood association, or management company will be considered notification to all occupied residential structures within the organization. The dates and times of the proposed off-hour construction, with a point of contact's name and number, must be posted at the job site, as approved by the building official or designee. Exception. Newly constructed residential subdivision, with an operational sales office within the subdivision and not more than ninety-five (95) percent of new homes in the subdivision have been sold. This does not apply to adjacent areas of the subdivision that are within three hundred (300) feet of an occupied residential structure that is not part of the newly constructed residential subdivision. (7) The crying, calling, or shouting, in person or by a mechanical device, or the use of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, loudspeaker or phonograph with or without an amplifier, hand organ, or other devices or instruments, musical or otherwise. (8) The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors or any other persons. (9) The making of noise which exceeds sixty-three (63) decibels on residential zoned property as defined by chapter 35 (Unified Development Code), when measured from property under separate ownership. (10) The making of noise which exceeds seventy (70) decibels on business zoned property as defined by chapter 35 (Unified Development Code), when measured from property under separate ownership. (11) The making of noise which exceeds seventy-two (72) decibels on industrial zoned property as defined by chapter 35 (Unified Development Code), when measured from property under separate ownership. (12) The making of noise which exceeds eighty-five (85) decibels using the Leq method of noise measure for noise emanating from entertainment zoned property as defined by chapter 35 (Unified Development Code), when measured from property under separate ownership. Any adjacent property owned, leased, controlled or managed by any person or entity or any affiliate that directly or indirectly controls, is controlled by, or shares common control with the other entity that has an ownership interest or lease interest in the monitored property shall not be considered property under separate ownership for purposes of determining the boundaries of the noise source property in an entertainment district. (b) Special noise corrections. Corrections shall be made to the basic octave band levels specified in subsections 21-52(a)(10) through (12) and section 21-60(b) for the specific conditions listed in accordance with the following table, designated as Table 1, except that nighttime corrections shall not apply in the River Walk area. (c) River Walk Area corrections. Subsections (a)(10) through (12) above shall not apply in the River Walk Area, which shall be, regulated by the noise provisions in section 21-60. _____ TABLE 1 Corrections Permitted to Basic Octave Band Levels Noise is Present at Nighttime ..... | Subtract | 7 dB Noise Contains Strong Pure-Tone Components or is Impulsive (Meter reading changes at a rate greater than 10 dB per second) | Subtract | 7 dB Noise Has an "On Time" of No More Than: | And an "Off Time" Between Successive "On Times" of at Least: 0.5 minutes | 1 hour 5.0 minutes | 1 hour | Add 10 Decibels 10.0 minutes | 2 hour | to Permitted 20.0 minutes | 4 hour | Levels _____

(Ord. No. 94706, § 2(Attach. A), 9-13-01; Ord. No. 2022-02-17-0112, § 1, 2-17-22)