HomeMy WebLinkAbout08082019 ZPC Agenda Item 6 DRAFT COPY ONLY
June 13, 2019
Amend Article 11-Noise in its entirety by substituting the following provisions:
ARTICLE II. - NOISE
Sec. 54-39. - Unreasonable noise prohibited.
It is unlawful for any person to intentionally or knowingly make or create any noise of such
volume, intensity, or duration as to disturb or annoy a reasonable person of normal sensitivity in
the usual and expected enjoyment or the use of a dwelling. In determining whether a violation of
this paragraph occurs, the following may be considered:
(1) The level, frequency, or duration of the noise;
(2) The proximity of the noise to the dwelling;
(3) The nature and zoning of the area within which the noise occurs; and
(4) The time of the day or night the noise occurs.
Sec. 54-40.- General Nnoise level limit.
The general maximum limits for any noise, except for noises specifically listed in Section
54-41 of this chapter, are as follows:
(1) Residential property:
a. 65 dB(A) during all other timesdaytimc hours.
b. [list this one first]58 dB(A) during residential quiet hours.
(2) Nonresidential property: 68 dB(A) at all times.
I Sec. 54-410. - Enumeration of specific noises.
[I think this paragraph needs to be moved into the beginning of 54-40] It is unlawful for any
person to make, assist in making, permit, continue, cause to be made or continued, or permit
the continuance of any sound at any location beyond the property lines of the property on
which the sound is being generated that when measured exceeds the applicable dB(A) level
listed below for the property on which the sound is received:
(a.) The following noises, among others, are declared to be loud, disturbing noises in
violation of this article (this enumeration is neither exhaustive nor exclusive of other noises):
(1) The noise of any horn or signal device on any automobile, motorcycle, bus or other
vehicle while not in motion, except as a danger signal if another vehicle is approaching
apparently out of control; the same noise made while in motion, except as a danger
signal after, or as, brakes are being applied and deceleration of the vehicle is intended;
any unreasonably loud or harsh sound created by means of any such signal device;
and the sound of such device made for any unreasonable period of time.
(2) The sound of:
a. Any vehicular or portable radio, phonograph, disc player, tape player or any
musical instrument that is plainly audible outdoors from a distance of 100 feet or
more (or 50 feet or more during residential quiet hours); or
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b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that
is plainly audible from a distance of 50 feet or more[what about the concerts at
Colonial Park?].
"Plainly audible" means any sound that can be detected by a person using his or her
unaided hearing faculties. Example: If the sound source under investigation is a
portable or personal vehicular sound amplification or reproduction device, the
enforcement officer need not determine the title of a song, specific words, or the artist
performing the song. The detection of the rhythmic base component of the music is
sufficient to constitute a plainly audible sound.
(3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded
or operated in such manner that it creates loud noises such as spinning or squealing
tires, grating, grinding, rattling or other noise exceeding 85 decibels.
(4) [Is there anything in the zoning ordinance that is consistent or inconsistent with
this?]The sound of any mechanical equipment installed at a fixed location (Examples:
fans, compressors, condensers, pumps, generators, etc.), if:
a. When the equipment is operating, noise from the equipment is discernable at a
point outside the boundaries of the site where it is installed, and noise at that point
is measured at a level of 65dB(A) [basis for this number?] or higher; and
b. Immediately before or after operation of the equipment, noise at the same point is
measured at a level of 60dB(A)[basis for this number?] or lower.
All sound level measurements shall be made as provided in Section 54-44 [?]thi-s
article.
(5) The sound of a discharge into the open air of the exhaust of any internal combustion
motor or engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(6) The sound of any mechanical device operated by compressed air, except pneumatic
drills, unless the noise thereby created is effectively muffled and reduced.
(7) The sound produced by the erection, excavation, construction, or demolition of any
building or structure, including the use of any necessary tools or equipment, conducted
at any time other than during residential quiet hours_- ---- •__ _
p4Fk, which activity produces a sound exceeding 85 dB(A) when measured from the
property line of the residential property where the sound is being received.[Is our intent
to override the general sound level in 54-40 for construction work? If so, what's our
logic?]
(8) Any excessive noise made on any street adjacent to any school, institution of learning
or court while the same is in session, or adjacent to any hospital at any time, which
noise unreasonably interferes with the working of any such institution, provided
conspicuous signs are displayed in such street indicating that the same is a school,
hospital or court street.
(9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or
container, or the opening or destruction of bales, boxes, crates or containers.
(10) The sound of any bell, gong, whistle, siren, or other alarm or signaling device
installed at a fixed location which is reasonably calculated to disturb a person of
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ordinary disposition if such person were in the vicinity thereof. Exceptions: This does
not apply to:
a. An emergency alarm operated by the fire department or other governmental
agency; or
b. An alarm system permitted and operated in compliance with applicable
regulations, including automatic shutoff rules; see, e.g. chapter 26.
c. Any gong, bell or chime used in a religious observance or prayer.
(11) The sound of any drum, loudspeaker or other instrument or device used to attract
attention to any performance, show or sale of merchandise.
(12) The sound made by loudspeakers or amplifiers on trucks or other vehicles.[what
about ice cream trucks?]
(13) Any The sound exceeding 85 dB(A) when measured from the property line of the
nearest residential property where the sound is being received that is produced by
operating or permitting the operation of any [mechanically powered saw, drill, sander,
router, grinder, move to (7)?] lawn or garden tool, leaf blower, lawnmower, or any other
similar device used for the maintenance or upkeep of the property on which it is
operated at any time other than during residential quiet hoursbctwcen the hours of 7:00
.. ._ _ _
when measured from the property line of the nearest residential property where the
sound is being received and is used for the maintenance or upkeep of the property on
which it is operated.[We seem to be blending construction work and yard work here;
better to deal with construction in (7) and deal with yard work here? See also my
comment to (7)]
(b.) In the event of any conflict between this section and Section 54-40 [or Section 54-
39?], the provisions of this section shall control.
Sec. 54-424. -Affirmative defenses.
(a) Request to cease. It shall be an affirmative defense in any prosecution under this article
that a request to cease causing the noise in question was given neither to the person
charged nor to any officer, agent, employee or representative of the person charged. All
peace officers and other city enforcement personnel are hereby authorized to request that
persons cease causing noises that are apparently in violation of this article. Nothing herein
limits the right of others to make such requests.
(b) Urgent public projects. It shall be an affirmative defense, in any prosecution under this
article that the offending noise was:
(1) Necessary for a public project for which the public works director has certified, in
writing, that expedited completion is urgently needed and in the public interest; and
(2) Made after 7:00 a.m. and before 9:00 p.m.
(c) Measured noise levels. It shall be an affirmative defense, in any prosecution under this
article, that a measured noise level was actually produced by some person or thing other
than that alleged to have caused the noise.
(d) [compare this with (2)] Registered outdoor events. It shall be an affirmative defense, in any
prosecution under this article, that the offending noise resulted from an outdoor concert or
similar event that:
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(1) Was registered at least 48 hours in advance with the chief of police;
(2) Did not last more than four hours, of which no more than two hours were during
residential quiet hours; and
(3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings.
(e) Speech or expression. The affirmative defenses for speech or expression enumerated in
V.T.C.A., Penal Code § 42.04 (prior order to move, disperse or remedy) shall also be
available in any prosecutions for violations of this article.
I Sec. 54-432. - Injunction as additional remedy.
As an additional remedy, the noise made by any activity, device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or
peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and
may be subject to abatement by a restraining order or injunction issued by a court of competent
jurisdiction.
Sec. 54-443. - Sound level measurements.
Sound level measurements under this article shall be made in accordance with the
following criteria:
(1) Measurements must be made with a type 1 or type 2 calibrated sound level meters
using the A-weighting scale and the slow meter response as specified by the American
National Standards Institute (ANSI 51.4-1984/85A).
(2) Noise levels shall be measured in decibels and A-weighted. The unit of measurement
shall be designated a "dB(A)."
(3) Meters shall be maintained in calibration and good working order.
(4) Calibrations shall be employed which meet ANSI S1.40-1984 prior to and immediately
after every sampling of sound.
(5) Measurements recorded shall be taken so as to provide a proper representation of the
sound being measured.
(6) The microphone of the meter shall be positioned so as not to create any unnatural
enhancement or diminution of the measured sound. A windscreen for the microphone
shall be used.
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(1) Was registered at least 48 hours in advance with the chief of police;
(2) Did not last more than four hours, of which no more than two hours were during
residential quiet hours; and
(3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings.
(e) Speech or expression. The affirmative defenses for speech or expression enumerated in
V.T.C.A., Penal Code § 42.04 (prior order to move, disperse or remedy) shall also be
available in any prosecutions for violations of this article.
Sec. 54-432. - Injunction as additional remedy.
As an additional remedy, the noise made by any activity, device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or
peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and
may be subject to abatement by a restraining order or injunction issued by a court of competent
jurisdiction.
I Sec. 54-443. - Sound level measurements.
Sound level measurements under this article shall be made in accordance with the
following criteria:
(1) Measurements must be made with a type 1 or type 2 calibrated sound level meters
using the A-weighting scale and the slow meter response as specified by the American
National Standards Institute (ANSI 51.4-1984185A).
(2) Noise levels shall be measured in decibels and A-weighted. The unit of measurement
shall be designated a "dB(A)."
(3) Meters shall be maintained in calibration and good working order.
(4) Calibrations shall be employed which meet ANSI S1.40-1984 prior to and immediately
after every sampling of sound.
(5) Measurements recorded shall be taken so as to provide a proper representation of the
sound being measured.
(6) The microphone of the meter shall be positioned so as not to create any unnatural
enhancement or diminution of the measured sound. A windscreen for the microphone
shall be used.
•
Noise Dose Chart: Noise Exposure
Limits
The risk to your hearing from noise exposure depends on how loud it is and how
long you're exposed to it. This noise dose chart shows the acceptable safety
limits.
How Loud and How Long
to
One way that noise can permanently damage your hearing is by a single
brief exposure to a high noise level, such as a firecracker going off near your ear. But hearing
damage can also occur gradually at much lower levels of noise, if there is enough exposure over
time. To protect your hearing, you'll want to limit your exposure to these moderately high noise
levels as well, and give your ears a chance to recover after any period of noise exposure.
For example:
• At 91 decibels, your ears can tolerate up to two hours of exposure.
• At 100 decibels, damage can occur with 15 minutes of exposure.
• At 112 decibels, damage can occur with only one minute of exposure.
• At 140 decibels, immediate nerve damage can occur.
Firearms, firecrackers, and jet engines taking off are all louder than 140 dB. If
you find yourself near any of these without hearing protection, use your fingers
and plug your ears! And at the same time, move away from the noise even a
few extra feet can reduce the loudness significantly.
Noise Dose Chart Page 1
Noise Dose Formula
The generally accepted standard to minimize hearing risk is based on an
exposure to 85 d_13,A for a maximum limit of eight hours per day, followed by at
least ten hours of recovery time at 70 dBA or lower (at which the risk of harm to
healthy ears is negligible). Then a "3-dB exchange rate" formula is applied,
which means that for every 3 dB above 85 dBA, the maximum exposure time is
cut in half.
Noise levels above 140 dB are not considered safe for any period of time,
however brief. For children, the World Health Organization (WHO)
recommends no exposure above 120 dB.
Maximum Recommended Noise Dose
Exposure Levels
Noise Level(dBA) Maximum Exposure Time per 24 Hours
85 8 hours
88 4 hours
91 2 hours
94 1 hour
97 30 minutes
100 15 minutes
103 7.5 minutes
106 3.7 minutes
109 112 seconds
112 56 seconds
115 28 seconds
118 14 seconds
121 7 seconds
124 3 seconds
127 1 second
130-140 less than 1 second
140 NO EXPOSURE
Noise Dose Chart Page 2
Noise Level Chart
A noise level chart showing examples of sounds with dB levels ranging from 0 to
180 decibels.
dBA Example Home& Yard Appliances Workshop & Construction
0 healthy hearing threshold
10 a pin dropping
20 rustling leaves
30 whisper
40 babbling brook computer
50 light traffic refrigerator
60 conversational speech air conditioner
70 shower dishwasher
75 toilet flushing vacuum cleaner
80 alarm clock garbage disposal
85 passing diesel truck snow blower
90 squeeze toy lawn mower arc welder
95 inside subway car food processor belt sander
100 motorcycle(riding) handheld drill
105 sporting event table saw
110 rock band jackhammer
115 emergency vehicle siren riveter
120 thunderclap oxygen torch
125 balloon popping
130 peak stadium crowd noise
135 air raid siren
jet engine at takeoff
firecracker
fighter jet launch
cap gun
- I
Noise Level Chart Page 1
shotgun
.357 magnum revolver
safety airbag
howitzer cannon
rocket launch
194 sound waves become shock waves
Most noise levels are given in (IBA, which are decibels adjusted to reflect the
ear's response to different frequencies of sound. Sudden, brief impulse sounds,
like many of those shown at 120 dB or greater, are often given in dB (no
adjustment).
Noise Level Chart Page 2
Amend Section 2, Certain Terms, by adding the following definitions:
porch is a roofed structure, usually open at the sides to the extent required by Table
7-6, Note 1.2, projecting from the face of a Principal building and used to
protect the entrance of the structure.
balcony is a platform enclosed by a wall or balustrade on the outside of a building
above the first floor, with access from an upper-floor door.
Amend Section 7,Table 7-1,Note 1.2 by adding:
Note 1.2. Porch In Front Yard. On a building site in a residential district with a front yard
depth of 20 feet or more, a porch may project up to 120 inches into the front yard if it
meets all of the following criteria:
(i) It is neither designed nor usable for motor vehicles;
(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot
of front street line(Example: the maximum projecting volume on a 521/2-foot wide site
would be 50 cubic feet x 52.5, or 2,625 cubic feet).
(iii) The porch's outside perimeter is open and unobstructed, except for the following
features: (a) Ordinary window screens. (b) A solid or partially open safety rail not
higher than 3.5 feet above the porch floor, and a partially open decorative railing or
balustrade not higher than 3.5 feet above the decking on top of the porch's ceiling
joistsfloor of a second floor balcony. _. . . - . --
a second floor balcony. (c) Supporting vertical columns, if the total width of the outer
faces of the columns does not exceed 25%of the outside perimeter of the porch. The
width of a column is measured at its thickest point above 3.5 feet above the porch floor.
The "outside perimeter" of a porch is the portion of the perimeter out in the front yard;
it does not include the portion of the perimeter lying along adjacent to the Principal a
building or lying along the front setback line.
(iv) At no point in the front yard does the porch have a height greater than the depth of the
front yard(Example: if the depth of the front yard is 20 feet,the maximum height in the
front yard is also 20 feet).
(v) No projecting balcony or enclosed, habitable space shall be constructed or
placed above the ceiling of a projecting porch. Exception: balconies projecting
24" or less are not prohibited.
About Noise-Induced Hearing Loss
Noise-Induced Hearing Loss, or NIHL, happens when you listen to loud sounds.These sounds can last a
long time, like listening to a concert, or they can be short, like from gunfire.Three factors put you at risk
for NIHL:
• How loud the noise is
• How close you are to the noise
• How long you hear the noise
Sound-level meters measure noise levels. We record noise levels in decibels, or dBA.The higher the
noise level, the louder the noise. You can listen to sounds at 70 dBA or lower for as long as you want.
Sounds at 85 dBA can lead to hearing loss if you listen to them for more than 8 hours at a time.
Sounds over 85 dBa can damage your hearing faster.The safe listening time is cut in half for every 3-dB
rise in noise levels over 85 dBA. For example, you can listen to sounds at 85 dBA for up to 8 hours. If the
sound goes up to 88 dBA, it is safe to listen to those same sounds for 4 hours.And if the sound goes up
to 91 dBA,your safe listening time is down to 2 hours.
Impulse Noise
A single loud blast or explosion that lasts for less than 1 second can cause permanent hearing loss right
away.This noise, called impulse noise or impact noise, may come from gunfire or fireworks.We
measure impulse noise in dB peak pressure, or dBP. Impulse noise greater than 140 dBP will hurt your
hearing right away.
Dangerous and Safe Noise Levels
The noise chart below lists average decibel levels for everyday sounds around you.
Painful impulse noise—Not safe for any period of time
150 dBP =fireworks at 3 feet, firecracker, shotgun
140 dBP =firearms
Painful steady noise—Not safe for any period of time
130 dBA=jackhammer
120 dBA=jet plane takeoff, siren, pneumatic drill
Extremely loud—Dangerous to hearing;wear earplugs or earmuffs
112 dBA= maximum output of some MP3 players, rock concert, chainsaw
106 dBA=gas leaf blower, snow blower
100 dBA=tractor, listening with earphones
94 dBA= hair dryer, kitchen blender, food processor
Dangerous Noise Levels Page 1
t
Very loud—Dangerous to hearing;wear earplugs or earmuffs
91 dBA= subway, passing motorcycle, gas mower
Moderate—Safe listening for any time period
70 dBA=group conversation,vacuum cleaner, alarm clock
60 dBA=typical conversation, dishwasher, clothes dryer
50 dBA= moderate rainfall
40 dBA= quiet room
Faint—Safe listening for any time period
30 dBA=whisper, quiet library
Dangerous Noise Levels Page 2