§ 15-24. Noise.

A. 

Declared unlawful. The making and creating of noise within the City is hereby declared to be unlawful.

B. 

"Noise" defined. The term "noise" shall have the following meanings:

(1) 

When related to a sound from a vehicle with a manufacturer's gross weight rating of ten thousand pounds on a prescribed truck route during the hours of 7:00 a.m. to 6:00 p.m. on Monday through Sunday, the term shall mean any such sound which exceeds eighty-eight decibels.

(2) 

When related to all other sounds, from whatever source the term shall mean any such sounds which exceed eighty decibels.

C. 

Noisemaking activities prohibited. No person shall operate any type of vehicle or carry on any other activity in violation of this section.

D. 

Tests and measurements. For the purpose of determining and classifying any noise as excessive and in violation of this section, the following test measurement and requirements shall be applied:

(1) 

The noise shall be measured on a sound meter which conforms to ANSI and international standards and quality, operated on an "A" weighing scale.

(2) 

The noise shall be measured at a distance of at least thirty-five feet from its source, when located within a dedicated public right-of-way.

(3) 

If the noise is located on private property or public property, other than a dedicated public right-of-way, it shall be measured at least twenty-five feet from the property line of the property on which its source is located.

E. 

Permits for exemptions.

(1) 

Applications for permits for relief from noise levels designated in this section may be made to the chief of police. Any permit granted by the chief of police hereunder shall contain all conditions upon which such permit has been granted and shall specify a reasonable time that the permit shall be effective. The chief of police may grant the relief as applied for if he finds:

(a) 

That additional time is necessary for the applicant to alter or modify his activities or operations to comply with this section; or

(b) 

That the activity, operation or noise will be of temporary duration and cannot be done in a manner that would comply with this section; or

(c) 

That no other reasonable alternative is available to the applicant; or

(d) 

That failure to issue the permit would constitute an undue hardship.

(2) 

The chief of police may prescribe any requirements he deems necessary to minimize adverse effect upon the community or the surrounding neighborhood, as a condition to the issuance of a permit.

(3) 

The chief of police shall either issue or reject any application submitted to him in writing within five days after receipt thereof, and the applicant may appeal, in writing, to the City council, any decision of the chief of police, within ten days after such decision is rendered.

F. 

Exemptions enumerated. The requirements, prohibitions and terms of this section shall not apply to any authorized emergency vehicle when responding to an emergency call or acting in time of emergency and shall not apply to those activities of a temporary duration, permitted by law and for which a license or permit has been granted by the City, including but not limited to parades and fireworks displays.