Loading...
HomeMy WebLinkAbout09122019 ZPC Agenda Item 4 DRAFT COPY ONLY August 8, 2019 Amend Article II-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 noise level limit. Except as provided in Section 54-41, 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. 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. 58 dB(A) during residential quiet hours. b. 65 dB(A) during all other times.. (2) Nonresidential property: 68 dB(A) at all times. Sec. 54-41. - Enumeration of specific noises. (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 DRAFT COPY ONLY b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "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) 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 70dB(A) or higher; and b. Immediately before or after operation of the equipment, noise at the same point is measured at a level of 65dB(A) or lower. All sound level measurements shall be made as provided in Section 54-43 of this 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, 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. This decibel limit is not applicable when a current, valid permit has been obtained for the activities named and the sounds are being produced outside of residential quiet hours. (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 ordinary disposition if such person were in the vicinity thereof. Exceptions: This does not apply to: DRAFT COPY ONLY 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. (13) Any 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 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 hours. (b.) In the event of any conflict between this section and Section 54-40 the provisions of this section shall control. Sec. 54-42. - 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) 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: (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. 54-43. - 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 DRAFT COPY ONLY 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. 54-44. - 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 S1.4-1984/85A). (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. Existing regulations ARTICLE II. - NOISE Sec. 54-39. - Unreasonable noise prohibited. Causing unreasonable loud and disturbing noise in the city is hereby prohibited and shall constitute an offense. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinary reasonable person are hereby prohibited. This article applies to noise heard within the city, regardless of the point of origin. Sec. 54-40. - Enumeration of specific noises. The following noises, among others, a r e 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 b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "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. (4) The sound of any mechanical equipment installed at a fixed location (Examples: fans, compressors, condensers, pumps, 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 70dB(A) or higher; and b. Immediately before or after operation of the equipment, noise at the same point is measured at a level of 65dB(A) or lower. All sound level measurements shall be made as provided in this 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) Loud and excessive noise resulting from the erection (including excavation), demolition, alteration or repair of any structure during residential quiet hours, unless the noise is made in case of urgent necessity in the interest of public safety, and then only with a permit from the building official, which permit may only be renewed for a period of three days or fewer while the emergency continues. (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 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. (11) Shouts or cries of peddlers or vendors which disturbs the quiet and peace of the neighborhood. (12) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance, show or sale of merchandise. (13) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (14) The sound made by leafblowers, lawnmowers and other lawn maintenance equipment, if: a. The equipment is powered by internal combustion; and b. The equipment is operated within 200 feet of an occupied residential building during residential quiet hours. Sec. 54-41. -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) 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: (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. 54-42. - 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. 54-43. -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 meter using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI S1.4-1984185A). (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. " t ZoE� 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 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, exposure. damage can occur with 15 minutes of ex g p • At 112 decibels, damage can occur with only one minute of exposure. • At 140 decibels, immediate nerve damage can occur. Firearms, firecrackers, and 'et engines taking off are all louder than 140 dB. If J g g 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 dBA 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 k,c5 zoti 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 a jet engine at takeoff firecracker fighter jet launch cap gun Noise Level Chart Page 1 shotgun .357 magnum revolver safety airbag howitzer cannon rocket launch sound waves become shock waves Most noise levels are given in dBA, 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 4141 i,20/ 7 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 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 Mx zo (9 Website and additional information available to all students,Faculty, and staff. HEARING It is important that proper precautions are made in protecting yourself from hearing loss. Decibel levels exceeding 90 or more should be limited to no more than 2 to 3 hours per day. Therefore it is essential to not have 3 or more large ensemble rehearsals back to back. Students are encouraged to supplement information obtained in their lessons, master classes, and guest lectures regarding musicians'health and safety issues by utilizing some of the resources listed below. http://nasm.arts-accredit.org/site/docs/PAMA- NASM Advisories/5a NASM PAMA-Student Information Sheet-Standard.pdf http://www.vicfirth.com/exchange/2012/01/31/music-induced-hearing-loss-and- hearing-protection/ http://www.osha.gov/SLTC/noisehearingconservation/ http://www.dangerousdecib els.org/education/information-center/hearing-loss/ https://vvww.nidcd.nih.gov/health/hearing/pages/noise.aspx Decibel (Loudness) Comparison Chart Here are some interesting numbers, collected from a variety of sources that help one to understand the volume levels of various sources and how they can affect our hearing. Environmental Noise Weakest sound heard 0dB Whisper Quiet Library at 6' 30dB Normal conversation at 3' 60-65dB Telephone dial tone 80dB City Traffic (inside car) 85dB Train whistle at 500', Truck Traffic 90dB Jackhammer at 50' 95dB .. .__.._� Subway train at 200' _ �..� ___.. 95dB Level at which sustained exposure may result in j 90 - 95dB hearin. loss Hand Drill 98dB Power mower at 3' 107dB Snowmobile, Motorcycle 100dB Power saw at 3' 110dB Sandblasting, Loud Rock Concert 115dB Pain begins 125dB Pneumatic riveter at 4' 125dB Even short term exposure can cause permanent damage - Loudest recommended exposure WITH 140dB hearing protection Jet engine at 100' 140dB 12 Gau.e Shot•un Blast 165dB Death of hearing tissue i 180dB Loudest sound possible 194dB OSHA Daily Permissible Noise Level Exposure Hours per Sound day level 8 90dB 6 92dB 4 95dB 3 97dB 2 100dB 1.5 102dB 1 105dB .5 110dB .25 or less 115dB NIOSH Daily Permissible Noise Level Exposure Hours per day Sound level 8 • 85dBA __ 6 .w___.. 86dBA 4 ...... 88dBA 3 89dBA 2 90dBA 1.5 92dBA 1 94d BA ��- .5 ._.._.�... 97dBA .25 or less 100dBA 0 112dBA Perceptions of Increases in Decibel Level Im•erce•tible Chanse 1dB Barely Perceptible Change 3dB Clearly Noticeable Change 5dB About Twice as Loud 10dB About Four Times as Loud 1 20dB Sound Levels of Music Normal piano practice 60 -70dB Fortissimo Singer, 3' 70dB Chamber music, small auditorium 75 - 85dB Piano Fortissimo 84 - 103dB Violin 82 - 92dB Cello 85 -111 dB Oboe 95-112dB Flute 92 -103d6 Piccolo 90 -106dB Clarinet 85 - 114dB French horn 90 - 106dB Trombone 85 - 114dB Tympani & bass drum 106dB Walkman on 5/10 _ 94dB Symphonic music peak 120 - 137dB Amplifier, rock, 4-6' 120dB Rock music peak 150dB HEALTH AND INJURY Practicing properly is essential to every musician's best interest. Please refer to your applied teacher in utilizing proper techniques and exposure to prolonged strain on muscle groups, tendons, and bones associated with your instrument or voice. https://www.sciandmed.com/mppa/j ournalviewer.aspx?issue=1197&article=1950 &action=1