© Copyrighted. Municipal Code Corporation, affiliated Municipality 1998
DIVISION 3. ENVIRONMENTAL REGULATIONS*
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*Cross references: Environment, Ch. 22.
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Sec. 38-440. Purpose.
(a) The purpose of this Division 3 is to provide for uniform Environmental Regulations for the control of noise,
humidity and heat, glare, vibration, dust, weeds and brush in recognition that:
(1)
The quality of life in a community is enhanced when free from the nuisances created by these
environmental conditions;
(2) The excessive exposure to these environmental conditions can adversely affect the health and safety of the
citizens of the City; and
(3) The establishment and enforcement of reasonable standards is more effective than waiting until individual
citizens have to complain of adverse impacts and therefore contributes to the general welfare of the community.
(4) The noise regulations contained in Section 38-441 are intended to be comprehensive and shall take
precedence over and supersede any existing ordinance, regulation, standard, condition or use restriction the
application of which would render Section 38-441 of no force or effect or which is in conflict with it, and supersedes
any hours of delivery that are specified in any other ordinance or resolution.
(b) Any City project that the City Manager determines is necessary to maintain or protect public amenities,
facilities or infrastructure and thereby promote the public health, safety, and welfare shall be exempt from the
environmental regulation contained in Sections 38-441 through 38-444.
(Ord. No. 2550, § 6, 7-12-99; Ord. No. 2766, § 1, 3-25-03; Ord. No. 2953, § 4, 8-8-06)
Sec. 38-441. Noise.
(a) General provisions.
(1) It shall be unlawful for any person or entity to knowingly, willfully or recklessly make, permit, cause to be
made, or continue any noise or sound from whatever source which noise or sound is projected in such a manner as
to constitute an unreasonable noise within the City. For purposes of this Section 38-441, Code Compliance Officers and
Police Officers are empowered to make a prima facie determination as to whether a noise is unreasonable,
which determination may be based upon, but need not be limited to, a consideration of the following factors:
a. The time of day;
b. The size of any gathering of persons creating or contributing to the noise;
c. The presence or absence of noise or sound amplification equipment; and
d. Any other factors tending to show the magnitude and/or disruptive effect of the noise.
(2)
It shall be unlawful for any person or entity to knowingly, willfully, or recklessly cause or permit or continue
any noise or sound which is plainly audible within 25 feet of the noise source when:
a. The noise source is within a vehicle; or
b. The noise source is in the public right-of-way; or
c. The noise source is adjacent to the common wall in a multifamily building.
Such circumstances shall be considered an unreasonable noise, and such facts shall constitute prima facie
evidence of a violation of this Section.
(3) In addition to Subsection (a)(2), the following are declared to be noises or sounds which disturb the repose
of the community and thereby cause unreasonable noises or sounds which constitute a violation of this subsection;
provided, however, that the following list is not in limitation of Subsection (a)(1) of this Section and is not inclusive:
a. Bells and chimes or any device for the production or reproduction of the sound of bells or chimes operated
between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day and is in violation of the noise level
standards contained in Subsection (c), Table A herein.
b.
The use or operation of any type of audio or video system, noisemaker or loudspeaker or public address
system operated or used on public or private property for any purposes including, but not limited to, vending,
advertising, announcements or notifications, or any device used for transmitting music or for giving instructions,
talks or lectures to any assembly of persons which results in a noise or sound which is plainly audible across the
property line of any property used for residential purposes, unless otherwise permitted by Subsection (c)(10)
herein.
c. Any animal or bird which by frequent or habitual howling, barking, yelping, meowing, squawking, squealing
or other noise, creates a plainly audible sound.
d. Any steam engine, stationary internal combustion engine, air compressor, motorboat, motor vehicle or
other power device which is not equipped with an adequate muffler in constant operation and properly maintained
and which use is in violation of the noise level standards contained in Subsection (c), Table A, except as provided
in Subsection (b)(7) herein. No such muffler or exhaust system shall be modified or used with a cutoff, bypass, or