city of falls church (to21-01)
TRANSCRIPT
City of Falls Church Meeting Date:
05-10-21
Title: (TO21-01) ORDINANCE TO AMEND,
REENACT, AND RECODIFY CHAPTER 14,
“ENVIRONMENT,” ARTICLE III, “NOISE,” OF
THE CODE OF THE CITY OF FALLS CHURCH
TO REMOVE PROVISIONS DEFINING
VIOLATIONS AS THOSE THAT DISTURB A
REASONABLE PERSON, CREATE AN
EXCEPTION FOR SMALL POWER EQUIPMENT
OPERATION DURING DAYTIME, ALLOW
HIGHER DECIBEL LEVELS AND LONGER
DAYTIME HOURS ON WEEKENDS IN
COMMERCIAL AND INDUSTRIAL DISTRICTS
Agenda No.:
07(a)(2)
Proposed Motion:
MOVE to adopt (TO21-01).
or
MOVE to adopt (TO21-01), with the following amendments: for the definition of Daytime,
strike 10:30 pm and insert 10 pm; and make no changes to the decibel levels in the current
City Code.
Originating Dept. Head:
Carol McCoskrie
City Attorney
Captain Stephen Rau
Police Department
Disposition by Council:
City Manager:
Wyatt Shields
703.248.5004
FWS 5-6-2021
City Attorney:
Carol McCoskrie
703.248.5010
CWM 5-6-2021
CFO:
Kiran Bawa
703.248.5092
KB 5-5-2021
City Clerk:
Celeste Heath
703.248.5014
CH 05-06-21
REQUEST: Council is requested to amend the City’s noise ordinance to reflect current 1
standards as determined by the Virginia Supreme Court, to allow later daytime hours and higher 2
decibel levels for weekends, and to ensure that normal use of yard maintenance tools will not 3
violate the noise ordinance. 4
5
RECOMMENDATION: Staff recommends adoption of (TO21-01) with the following changes: 6
daytime hours be extended to 10:00 p.m. on Friday and Saturday nights, rather than to 10:30 7
p.m.; and the maximum decibel levels remain unchanged from what is in the City Code today. 8
9
The staff recommended alternative motion is as follows: 10
11
MOVE to adopt (TO21-01), with the following amendments: for the definition of 12
Daytime, strike 10:30 pm and insert 10:00 pm; and make no changes to the decibel levels 13
in the current City Code. 14
15
BACKGROUND: Several years ago the Virginia Supreme Court held that an ordinance 16
standard of noise that disturbs a person of reasonable sensitivity was insufficient as a basis upon 17
which to find a person or entity guilty of a misdemeanor. This “reasonable person” standard was 18
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used widely by localities in Virginia, including the City of Falls Church, as a standard for 19
violations of noise ordinances. 20
21
Many jurisdictions have turned to using only the decibel level standards that were also included 22
in their noise ordinances. The City’s police department recently acquired a noise meter that could 23
be used to determine and enforce such violations. Previously, the City contacted Arlington 24
County or assistance with enforcing the noise ordinance except for a few violations, such as 25
construction noise, that were not permitted at any level during certain hours. 26
27
Now that the City has a noise meter and several members of the police force have been trained to 28
use it to address noise complaints, it is recommended that the City Code be amended to remove 29
the “reasonable person” standard and make other clarifications: 30
31
1. The definition of Noise Disturbance is being amended to strike the part that relies on 32
whether noise “annoys or disturbs a reasonable person of normal sensitivities.” This 33
change has an impact throughout the ordinance, as noise disturbance appears throughout. 34
2. Section 14-51(1) Animals, is amended to create a definite standard for barking dogs as 35
those that bark at least once per minute for a period of ten or more minutes. This is the 36
same standard that is in the Arlington code. 37
3. Special provisions are stricken for noise outside of hospitals, schools, libraries, and 38
churches, as those turned on whether such sound “reasonably interferes with the 39
workings” of the institutions and whether it “annoys or disturbs” the patients. The decibel 40
standards and limits on noise producers, such as small power equipment, e.g., are thought 41
to be sufficient in light of such change. 42
4. The penalties provision, which deemed noise that caused “discomfort or annoyance to 43
reasonable persons of normal sensitivities or which endangers the comfort, repose, health 44
or peace of residents in the area” to be a public nuisance has been replaced with a 45
reference to “continued or repeated violation of any provisions” of the article. 46
5. The definition of Noise is simplified and clarified so that is does not read as a noise 47
disturbance. 48
6. The definition of a prohibited act under Loudspeaker is simplified. 49
50
Staff reviewed a number of noise ordinances in Northern Virginia, as well as some urban 51
jurisdictions in the tidewater area, and contacted staff responsible for enforcement of those noise 52
ordinances. Most jurisdictions have similar situations to those in the City. For instance, leaf 53
blower noise would register at a decibel level that would be considered a violation, but most 54
often the noise ceases before enforcement action. Several jurisdictions have noted that they do 55
not have a lot of formal enforcement action because most people cooperate when notified of the 56
restrictions. Substantially different daytime/nighttime restrictions were not found, except in 57
Alexandria where the “daytime” hours extend to 11:00 p.m. 58
59
Council has discussed the proposed changes numerous times, all in light of current conditions 60
where businesses are struggling with COVID limitations, and of residents’ complaints about 61
noise emanating from outdoor activities. 62
63
UPDATES FOLLOWING MARCH 8 DISCUSSION: 64
(TO21-01)
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65
At the City Council’s last public hearing, instead of adopting (TO 21-01), Council voted to give 66
it a new first reading, and advertise it for public hearing second reading, and adoption. The 67
following new provisions have been advertised: 68
69
1. In industrial, and commercial (defined as M, B and T districts) districts the definition of 70
daytime hours on Friday and Saturdays would extend to 10:30 pm to provide more 71
flexibility for restaurants or other venues offering live music entertainment; and 72
2. On Friday and Saturdays during daytime hours, the decibel level in industrial and 73
commercial districts can be up to 75 decibels, where it is currently set at 65 decibels. 74
3. The use of small power equipment, which includes leaf blowers, lawn mowers or other 75
lawn maintenance equipment for up to three hours in any 24-hour period is not a noise 76
ordinance violation. The definition of the time when small power equipment can be used 77
has also been simplified to use the term “daytime” hours, as defined in the ordinance, 78
instead of setting forth the hour-by-hour parameters. 79
80
Council asked that the Chamber of Commerce and the Economic Development Authority be 81
apprised of the proposed changes. The EDA discussed it at its meeting on Tuesday February 4, 82
did not have objections to the changes, and was generally supportive. The Chamber of 83
Commerce is aware of the proposal but its comments are not available at the time of posting this 84
staff report. 85
86
Staff conducted a sound test at the Cherry Hill Park on Wednesday May 5 at 2 pm, to allow the 87
community and elected officials to hear music over loudspeakers with a decibel meter in hand to 88
get a sense of the different volume levels proposed for regulation in this ordinance. 89
90
The basis for the staff recommendation for not increasing the decibel limits that are in the current 91
code are as follows: 92
93
Public health guidelines recommend limiting exposure to noise above 65 decibel limits 94
Most restaurants are currently complying with the 65 decibel limit with their outdoor 95
entertainment, and compliance with this regulation should not be overly burdensome. 96
The decibel limits currently in code are commonly used by jurisdictions in Northern 97
Virginia. and have been used by the City for many years without significant problems of 98
enforcement. 99
100
Next steps: As the outdoor entertainment is currently occurring under COVID Emergency 101
waivers that allow for expanded outdoor seating at City restaurants. City Council has asked 102
staff to provide recommendations on ways to allow this to continue, with certain appropriate 103
regulations, after the COVID emergency is over. 104
105
FISCAL IMPACT: None. 106
107
TIMING: Routine. 108
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(TO21-01) 109
110 ORDINANCE TO AMEND, REENACT, AND RECODIFY CHAPTER 14, 111
“ENVIRONMENT,” ARTICLE III, “NOISE,” OF THE CODE OF THE CITY 112
OF FALLS CHURCH TO REMOVE PROVISIONS DEFINING VIOLATIONS 113
AS THOSE THAT DISTURB A REASONABLE PERSON CREATE AN 114
EXCEPTION FOR SMALL POWER EQUIPMENT OPERATION DURING 115
DAYTIME, AND ALLOW HIGHER DECIBEL LEVELS AND LONGER 116
DAYTIME HOURS IN COMMERCIAL AND INDUSTRIAL DISTRICTS 117
118
THE CITY OF FALLS CHURCH HEREBY ORDAINS THAT Chapter 14, Article III, 119
“Noise” of the Code of the City of Falls Church, VA is hereby amended, reenacted, and 120
recodified as follows: 121
122 Chapter 14 – ENVIRONMENT 123 124 *** 125 126 ARTICLE III. – NOISE 127 128 Sec. 14-49. - Policy of city. 129
130
Whereas, at certain levels, sounds are detrimental to the health and welfare of the citizenry, 131
it is hereby declared to be the policy of the city to prohibit excessive and annoying sound from 132
all sources subject to its police power. 133
134
(Code 1982, § 21-1; Ord. No. 982, 9-14-1981) 135
136
Sec. 14-50. - Definitions. 137
The following words, terms and phrases, when used in this article, shall have the meanings 138
ascribed to them in this section, except where the context clearly indicates a different meaning: 139
140
Construction means any or all activity necessary or incidental to the erection, demolition, 141
assembling, altering, installing or equipping of buildings, public or private highways, roads, 142
railroads, premises, parks, utility lines including such lines in already constructed tunnels, or 143
other property, including land clearing, grading, excavating and filling. 144
145
Continuous sound denotes a sound the intensity of which remains essentially constant during 146
a given period of time. Continuous sound shall be measured by the slow response setting of a 147
sound level meter. 148
149
Daytime denotes the local time of day between the hours of 7.00 a.m. and 9.00 p.m. on 150
weekdays and between the hours of 9.00 a.m. and 9.00 p.m. on Saturdays, Sundays and local 151
legal holidays. Provided, that in Industrial and Commercial zoning districts, on Fridays, 152
Saturdays and local legal holidays, Daytime shall mean the hours between 9:00 a.m. and 153
10:30 p.m. 154 155
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dBA (decibel A-weighted) means sound pressure level as measured on the "A" scale of a 156
sound level meter manufactured in accordance with the specifications of the American National 157
Standards Institute, Inc. (ANSI), Type 2, ANSI-S1.4(1971), calibrated within two hours of being 158
used for measurement. Unless otherwise noted, measurements shall be made in the slow 159
response mode of the meter. 160
161
Decibel (dB) is a unit of sound pressure, equal to 20 times the logarithm to the base ten of 162
the ratio of the pressure of the sound measured to the reference pressure, which is 20 163
micropascals (20 micronewtons per square meter). 164
165
Emergency means any occurrence or set of circumstances involving actual or imminent 166
physical trauma or property damage which demands immediate action. 167
168
Emergency signal device means any audible warning device, such as a gong, whistle or siren 169
or any air horn or any similar device. 170
171
Emergency work means work made necessary to restore property to a safe condition 172
following a public calamity, or work required to protect persons or property from immediate 173
exposure to danger, including work performed by public service companies when emergency 174
inspection, repair of facilities, or restoration of services is required for the immediate health, 175
safety, or welfare of the community. 176
177
Impulsive sound means sound having the following qualities: 178
(1) The peak of the sound level, as measured with an impulse sound level meter S1.4-1971, 179
is maintained for less than one second; 180
(2) Such time is short compared to the occurrence rate; 181
(3) The onset is abrupt; and 182
(4) The decay is rapid. 183
184
Mobile source denotes any moving sound source on a public right-of-way. 185
186
Motor vehicle means every land vehicle which is self-propelled or designed for self-187
propulsion. This definition includes motorcycles. 188
189
Motorcycle means every motor vehicle designed to travel on not more than three wheels in 190
contact with the ground, and any four wheeled vehicle weighing less than 500 pounds and 191
equipped with an engine of less than six horsepower. 192
193
Nighttime denotes those times excluded from the definition of the term "daytime." 194
195
Noise means any sound which annoys or disturbs humans or which causes or tends to cause 196
an adverse psychological or physiological effect on humans the intensity, frequency, duration 197
or character of sounds from one or more sources. 198
199
Noise disturbance denotes any sound which: 200
(1) Endangers or injures the safety or health of humans or animals; 201
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(2) Annoys or disturbs a reasonable person of normal sensitivities; 202
(3) (2) Endangers or injures personal or real property; or 203
(4) (3) Exceeds the applicable maximum permissible sound levels as they appear in the table 204
in section 14-52. 205
206
Octave band analyzer means an instrument capable of measuring individual octave band 207
levels of a sound by means of a bandpass filter attached to a sound level meter. They shall meet 208
the specifications of the ANSI S1.4-1971, S1.6-1967 and S1.11-1966 for the class II filter. 209
210
Person means any individual, corporation, cooperative, partnership firm, association, trust, 211
estate, public or private institution, group, agency, political subdivision of this state or any legal 212
successor, representative, agent or agency of the foregoing. 213
214
Public right-of-way means any street, avenue, boulevard, highway, alley or public space 215
which is owned or controlled by a public governmental entity. 216
217
Real property boundary means an imaginary line along the ground surface, and its vertical 218
extension, which separates the real property owned by one person from that owned by another 219
person, but the term "real property" does not include intra-building real property divisions. 220
221
Small power equipment means any motorized or engine-powered device, including but not 222
limited to lawn mowers, lawn and garden tools, riding tractors and power saws, excluding other 223
motor vehicles. 224
225
Sound means vibratory disturbance, including an oscillation, in the pressure and/or density 226
of a liquid or gas or in the particulate displacement of a solid or liquid. Such disturbance takes 227
place at a rate between approximately 20 and 20,000 hertz (cycles per second); and the 228
physiological perception of such a vibration of displacement. 229
230
Sound level shall be as measured with the A-weighting network on a sound level meter 231
unless otherwise specified. 232
233
Sound level meter means the instrument, meeting the requirements of ANSI S1.4-1971 type 234
II rating, used for making sound level measurements. 235
236
Sound pressure level is the intensity in decibels (dB) of a sound. 237
238
Stationary source denotes any sound source operating or occurring on any public or private 239
property, not including a public right-of-way. 240
241
Weekday means any day Monday through Friday which is not a legal holiday in Falls 242
Church, Virginia. 243
244
Zoning district refers to the scheme of land use classification contained in chapter 48, 245
pertaining to zoning, or similar classifications contained in zoning ordinances in adjoining 246
jurisdictions. For the purposes of this article: 247
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(1) Industrial district includes zones designated in chapter 48 as M-1. 248
(2) Commercial district includes zones designated in chapter 48 as B-1, B-2, B-3, T-1, T-249
2, and OD. 250
(3) Residential district includes zones designated in chapter 48 as R-1A, R-1B, R C, RTH, 251
RM and CD. 252
253
(Code 1982, § 21-2; Ord. No. 982, 9-14-1981) 254
255
Cross reference— Definitions and rules of construction, § 1-2. 256
257
Sec. 14-51. - Prohibited acts. 258
259
Notwithstanding any other provision of this article, and in addition thereto, it shall be 260
unlawful for any person within the city to willfully make or continue, or cause to be made or 261
continued, any sound of such character, intensity and duration which disturbs the peace or quiet 262
or which causes discomfort or annoyance to any reasonable person of normal sensitivity within 263
the city. that violates any of the following provisions. 264
265
(1) Animals. No person within the city shall keep or maintain, or permit the keeping of, 266
upon any premises owned, occupied or controlled by such person, any animal otherwise 267
permitted to be kept which by any sound, shall cause a noise disturbance creates a noise 268
that is audible at least once per minute for ten (10) consecutive minutes within any 269
dwelling unit, house or apartment of another person, at any street edge, or across a 270
real property boundary. 271 272
(2) Construction of buildings and projects. It shall be unlawful for any person within the 273
city to operate equipment or perform any outside construction, demolition, alteration or 274
repair work on buildings, structures or projects or to operate any equipment, including but 275
not limited to, any pile driver, pneumatic hammer, derrick, hoist or other construction 276
device during the nighttime, or during the daytime in such a manner to cause a noise 277
disturbance. No permit shall be required in order to perform emergency work, as defined 278
in this article. 279
280
(3) Hawkers and peddlers. It shall be unlawful for any person within the city to sell or 281
promote anything by outcry within any area of the city. The provisions of this section shall 282
not be construed to prohibit the selling by outcry of merchandise, food, and beverages at 283
permitted or licensed sporting events, parades, fairs, circuses and other similar permitted 284
or licensed public entertainment events. 285
286
(4) Horns, signaling devices, etc. It shall be unlawful for any person within the city to make 287
any sound from any horn, bell or signaling device from any motor vehicle on any street, 288
alley, roadway, private or public way in the city, or any stationary source, except as a 289
danger warning. Emergency signal devices and church bells are exempt from this section. 290
291
(5) Loading and unloading, commercial. Loading, unloading, opening, closing of 292
commercial vehicles or other handling of boxes, crates, containers, building materials, 293
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garbage cans, or similar objects in such a manner as to cause a noise disturbance across a 294
residential real property boundary is prohibited. 295
296
(6) Loudspeakers, public address systems. The following are prohibited: 297
298
a. Using or operating for any noncommercial purpose any loudspeaker, public 299 address system, or similar device, such that the sound creates a noise disturbance 300
across a real property boundary with or adjacent to any residentially zone district, or 301
with 100 yards of any school during school hours either: 302
303 b. Using or operating for any commercial purpose any loudspeaker, public address 304
system or similar device: 305
306 1. across a real property boundary; or 307
2. within 100 yards of any school during school hours; or 308
3. Between the hours of 8:00 p.m., and 10:00 a.m., the following day on a during 309
the Nighttime on a public right-of-way or public space. 310
311
(7) Machinery, power equipment, fans and air conditioning. It shall be unlawful for any 312
person within the city to operate any air conditioning, refrigerator, heat pump, fans, 313
swimming pool equipment or other equipment, regardless of location, in such a manner 314
as to create a noise disturbance across a real property boundary. 315
316
(8) Small power equipment. It shall be unlawful to operate or permit the operation of any 317
powered saw, drill, sander, grinder, lawn or garden tool, lawn mower, or similar device 318
between the hours of 9:00 p.m. and 9:00 a.m. the following day on weekends and local 319
legal holidays, and 9:00 p.m. and 7:00 a.m. the following day on weekdays, during 320
daytime the Nighttime, so as to cause a noise disturbance across a real property 321
boundary, and it is prohibited. Provided, however, that operation of such equipment 322
for no more than three hours during the daytime in any 24-hour period shall not 323
constitute a noise violation. 324 325
(9) Public places adjacent to institutions of learning, libraries, hospitals and churches. It 326
shall be unlawful for any person within the city to create any sound: on any street, 327
sidewalk or public place adjacent to any library, institution of learning or church while 328
the same is in use; or adjacent to any hospital which sound reasonably interferes with 329
the workings of such institution or which disturbs or annoys patients in the hospital, 330
provided conspicuous signs are displayed in such streets, sidewalks or public place 331
indicating the presence of an institution of learning, library, church or hospital. 332
333
(9) (10) Radios, television sets and similar devices. It shall be unlawful for any person to use 334
or operate any radio receiving set, musical instrument, phonograph, television set or other 335
machine or device for the producing or reproducing of sound in such a manner as to create 336
a noise disturbance. 337
338
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(10) (11) Refuse collection vehicles and equipment. The collection of trash or refuse with 339
a refuse vehicle or by the use of any type of motorized equipment during the nighttime is 340
prohibited. The phrase "vehicle and equipment" includes, but is not limited to, trash 341
compactors, gasoline powered blowers used also to collect clippings, leaves or trash, 342
vacuum equipment, and sweeping machines. 343
344
(11) (12) Engine repairs and testing. It shall be unlawful for any person to repair, rebuild 345
or test any engine so as to create a noise disturbance. 346
347
(12) (13) Parked or standing motor vehicles. It shall be unlawful to operate the auxiliary 348
engine of a motor vehicle for more than ten minutes within any given hour when the 349
vehicle is parked, or is standing for other than traffic reasons, so as to create a noise 350
disturbance. 351
352
(13) (14) Operation of motor driven vehicles. It shall be unlawful to operate a motor vehicle 353
other than an authorized emergency vehicle or a vehicle moving under special permit, 354
which creates a noise disturbance. 355
356
(14) (15) Yelling, shouting, etc. It shall be unlawful for any person to yell, shout, talk 357
loudly, whistle or sing on any public street or private property in the city at any time, so 358
as to cause a noise disturbance. This section shall not apply to any person who is 359
participating in a duly permitted or licensed event or who has been duly authorized to 360
engage in such conduct. 361
362
(Code 1982, § 21-3; Ord. No. 982, 9-14-1981; Ord. No. 1268, 6-12-1989) 363
364
Sec. 14-52. - Maximum permissible sound pressure levels. 365
366
It shall be unlawful for any person to cause a sound from a stationary source which exceeds 367
any sound level as set forth in the applicable column in the following table entitled "Maximum 368
Permissible Sound Levels" when measured at any point within any other property affected by the 369
sound. Measurement shall be made by a duly authorized individual who is knowledgeable in the 370
proper use of the measurement equipment. Measurement shall be made at slow response, A-371
weighting, except in the case of impulsive sound which shall be measured with an impulsive 372
sound level meter, ANSI S1.4-1971. Octave band measurements, where noted, shall be made 373
with an octave band analyzer. When a noise source can be identified and its noise measured in 374
more than one zoning district, the most restrictive limits shall apply. 375
376
377
378
379
380
381
382
383
384
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Maximum Permissible Sound Levels From Stationary Sources 385
Zoning Time of Continuous
Sound Impulsive
Sound Continuous Octave Band
District Day (dBA) (dB) Center Frequency
(Hz) dB
M-1
Fridays, Saturdays and legal holidays, during the daytime
75
110
31.5 85
63 84
125 79
250 74
500 68
1000 62
2000 57
4000 53
All other times
70 8000 50
T-2, O-D, B-1, B-2, B-3, T-1
Fridays, Saturdays and legal holidays, during the daytime
75
90
31.5 80
63 79
125 74
250 69
500 63
1000 57
2000 52
4000 48
All other
times
65 8000 45
R-1A, R-1B, R-TH, R C, R M, C D
Daytime 60 80
31.5 75
63 74
125 69
250 64
500 58
1000 52
2000 47
4000 43
8000 40
R-1A, R-1B,
Nighttime 55 75 31.5 70
63 69
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R-TH, R C, R M, C D
125 64
250 59
500 53
1000 47
2000 42
4000 38
8000 35
386
387
388
(Code 1982, § 21-4) 389
390
Sec. 14-53. - Enforcement. 391
392
(a) Whenever the city manager or an agent of the city manager determines that any noise source 393
fails to meet the requirement set forth in this article or in applicable regulations issued pursuant 394
thereto, the city manager may obtain a warrant or summons for the prosecution of such 395
violation. In addition, if the agent is a duly qualified law enforcement officer of the city, the 396
city manager may issue a summons to, or arrest, without a warrant, any person who, in the 397
presence of the officer, violates this article. Nothing in this section shall be interpreted to 398
restrict the right of any person to secure a summons or warrant for a violation of this article 399
through a duly authorized magistrate. 400
401
(b) Furthermore, the city manager or an agent of the city manager may issue a notice of violation 402
setting forth the alleged failures and advising the owner, occupant, operator or agent that such 403
failures must be corrected. Such notice shall: 404
(1) Be in writing; 405
(2) Set forth the alleged violations of this article or of applicable regulations issued pursuant 406
thereto; 407
(3) Describe the premises where the violations are alleged to exist and/or other 408
identifications of the noise source; 409
(4) Set forth a reasonable time within which any violation alleged is required to be 410
corrected; 411
(5) Be served upon the owner, occupant or operator of the noise source, or upon the agent 412
of any of the foregoing, by: 413
a. Personally delivering the same to such person; 414
b. Mailing the same to such person by certified mail, return receipt requested, addressed 415
to the last known place of residence of such person; or 416
c. Posting same in or about the premises described in the notice, if service under 417
subsection (b)(5)a of this section cannot be effected. 418
419
At the end of the period of time allowed for correction of any violation alleged, the city manager 420
shall reinspect the noise source described in the notice. 421
422
(Code 1982, § 21-5; Ord. No. 982, 9-14-1981; Ord. No. 1268, 6-12-1989) 423
424
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Sec. 14-54. - Variance. 425
426
(a) Any person responsible for any noise source may apply to the city manager for a variance or 427
partial variance from the provisions of this article. The application shall be accompanied by 428
such information and data as the city manager may require. The city manager may grant such 429
variance or partial variance if such manager finds that: 430
(1) The potential danger to the community is outweighed by the benefit to the public interest 431
during the period of variance; 432
(2) Compliance with the provision of this article from which variance is sought would 433
produce serious hardship without equal or greater benefits to the public. 434
435
(b) No variance or partial variance issued pursuant to this section shall be granted for a period 436
to exceed one year, but any such variance or partial variance may be renewed for like periods 437
if after being duly considered at a hearing held by the city manager, he finds that renewal is 438
justified under subsection (a) of this section. No renewal shall be granted except on 439
application. Any such application shall be made at least 60 days prior to the expiration of the 440
variance or partial variance. Any renewal granted pursuant to this subsection shall be on the 441
same grounds and subject to the same limitations and requirements as provided in subsection 442
(a) of this section. 443
444
(c) A variance, partial variance or renewal thereof shall not be a right of the applicant or holder 445
thereof but shall be in the discretion of the city manager. 446
447
(Code 1982, § 21-6; Ord. No. 982, 9-14-1981) 448
449
Sec. 14-55. - Emergencies. 450
451
An exemption from the provisions of this article is automatically granted for noise caused in 452
the performance of emergency work. Nothing in this section shall be construed to permit law 453
enforcement, ambulance, fire or other emergency personnel to make excessive noise in the 454
performance of their duties when such noise is clearly unnecessary. 455
456
(Code 1982, § 21-7; Ord. No. 982, 9-14-1981) 457
458
Sec. 14-56. - Noise suppression devices. 459
460
(a) No person shall cause, suffer, allow or permit the removal, disconnection or disabling of any 461
noise suppression system or device which has been installed on any noise source: 462
(1) In accordance with federal or state laws or regulations; 463
(2) As a requirement for obtaining a permit to construct, modify, or install such noise 464
source. 465
466
(b) No person shall defeat the purpose of any noise suppression system or device by installing 467
or modifying therein or thereon any part or component which does not meet the minimum 468
design specifications for that system or device. 469
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(c) No noise source shall be operated with its noise suppression system or device removed or 470
otherwise rendered inoperable or in disrepair. 471
472
(Code 1982, § 21-8; Ord. No. 982, 9-14-1981) 473
474
Sec. 14-57. - Penalties; violations deemed nuisances. 475
476
(a) Any person violating any of the provisions of this article shall be punished in accordance 477
with subsection 28-1(1). Each day such violation is committed or permitted to continue shall 478
constitute a separate offense and shall be punishable as such. 479
480
(b) As an additional remedy, the operation or maintenance of devices, instruments, vehicles or 481
machinery in violation of any provision of this article, which operation or maintenance cause 482
discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers 483
the comfort, repose, health or peace of residents in the area, the continued or repeated 484
violation of any provision of this article shall be deemed, and is declared to be a public 485
nuisance and may be subject to abatement summarily by a restraining order or injunction 486
issued by a court of competent jurisdiction. 487
488
(Code 1982, § 21-9; Ord. No. 982, 9-14-1981) ecs. 14-58—14-87. - Reserved. 489
490
491
1st Reading: ____ 492
2nd Reading: ____ 493
Adoption: ____ 494
(TO21-01) 495