CODE AND ORDINANCES
City of
WAYNE, NEBRASKA
Article I. In General
Sec. 35-1. Purpose
Sec.
35-2. Definitions
Sec.
35-3. Noise Prohibited
Sec.
35-4. Excessive Noise Levels
Sec.
35-5. Exceptions
Sec.
35-6. Exemptions; Daytime Hours -
Generally
Sec.
35-7. Exemptions; Nighttime Hours -
Generally
Sec.
35-8. Request for Waiver; When Allowed
Sec.
35-9. Sound Measurement
Sec. 35-10. Enforcement
Sec.
35-11. Violation Defined
ARTICLE I. IN
GENERAL
Sec. 35-1.
Purpose. (return to Ch. 35)
This chapter is enacted to protect,
preserve, and promote the health, safety, welfare, peace and quiet for the
citizens of the city through the reduction, control, and prevention of
noise. It is the intent of this chapter
to establish standards that will eliminate and reduce unnecessary and excessive
motor vehicle and community noise, which are physically harmful and otherwise
detrimental to individuals and the community in the enjoyment of life,
property, and conduct of business.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-2.
Definitions. (return to Ch. 35)
The following words and phrases,
when used in this chapter, shall have the meanings respectively ascribed to
them:
(1)
Ambient sound level shall mean the A-weighted sound
level of all sound associative with a given environment, exceeded ninety (90)
percent of the time (L90) measured and being a composite of sounds from many
sources during the period of observation while the sound from the noise source
of interest is not present.
(2)
A-weighted sound pressure level shall mean the sound pressure level
as measured with a sound level meter using the A-weighting network. The standard notation is dB (A).
(3)
Background noise shall mean noise from all other
sources other than that under specific consideration, including but not limited
to traffic operating on public thoroughfares, pedestrian traffic, etc.
(4)
Commercial Power Equipment shall mean any equipment or device
rated at more than five (5) horsepower and used for building repairs or
property maintenance excluding snow removal equipment.
(5)
Commercial premises shall mean any land parcel with
buildings located in a B-1, B-2, or B-3 Zone within the Municipality where
offices, clinics, and the facilities needed to serve them are located, an area
with local shopping and service establishments located within walking distances
of residents served, a tourist-oriented area where hotels, motels, gasoline
stations and/or convenience stores are located, any integrated shopping
centers, a business strip along a main street containing offices, retail
businesses, commercial enterprises, restaurants, or licensed liquor
establishments, a central business district; or a commercially dominated area
with multiple unit dwellings.
(6)
Construction equipment shall mean any device or mechanical
apparatus operated by fuel, electric, or pneumatic power in the excavation,
construction, repair, or demolition of any building, structure, land parcel,
street, alley, or appurtenance thereto.
(7)
Decibel shall mean a logarithmic unit of
measure often used in measuring magnitudes of sound. The symbol is dB.
(8)
Domestic power equipment shall mean any equipment or device
rated at five (5) horsepower or less and used for building repairs or ground
maintenance excluding snow removal equipment.
(9)
Emergency vehicle shall mean an authorized motor
vehicle that has an audible warning device such as whistles, sirens, and bells
which may lawfully be used when responding to an emergency, or during a police
activity which is required by state or federal regulations. This shall also include fixed emergency
warning sirens.
(10)
Emergency work is an activity made necessary to
restore property to a safe condition following a public calamity or work
required to protect persons or property from exposure to imminent danger. It includes work by private or public
entities for providing or restoring immediately necessary services as well as
all situations deemed necessary by the Municipality.
(11)
Emergency power generator shall mean equipment used to
generate electrical power in the event of an interruption, malfunction, or
failure of the electrical power supplied by the service provider.
(12)
Industrial premises shall mean any premise where
manufacturing, processing, or fabrication of goods or products takes place.
(13)
Light industrial premises shall mean any premises containing
light industrial activities that are clean and generally quiet; an area
containing warehousing; or an area in which other activities are conducted
where the general environment is free from concentrated periods of excessive
noise.
(14)
Motor vehicle shall mean any vehicle which is
self-propelled, used primarily for transporting persons or property upon public
roadways and required to be licensed by motor vehicle registration laws. The term motor vehicle shall not
include: aircraft, watercraft, motor
vehicles operated on private property for recreational or amusement purposes,
or specialized utility vehicles normally used only on private property in the
daily course of business such as forklifts and pallet movers.
(15)
Muffler-approved type shall mean an apparatus consisting
of a series of chambers, baffle plates, or other mechanical devices designed
for the purpose of receiving and transmitting exhaust gases and which reduce
the sound emanating from such apparatus by at least (20) decibels in the
A-weighting network dB(A), from the non-muffled condition.
(16)
Noise shall mean sound that is unwanted
and/or which causes or tends to cause adverse psychological or physiological
effects on human beings.
(17)
Person shall mean any person, firm,
association, organization, partnership, business, trust, corporation, company,
contractor, supplier, installer, user, or owner, and shall include any
municipal corporation, state or federal governmental agency, or any officer or
employee thereof.
(18)
Premises shall mean any building, structure,
land, utility, or portion thereof, including all appurtenances, and shall also
include yards, lots, courts, inner yards, and real properties without buildings
or improvements, owned or controlled by a person.
(19)
Property boundary shall mean that real or imaginary
line and its vertical extension which separates real property owned or
controlled by any person from contiguous real property owned or controlled by
another person. The vertical and
horizontal boundaries of a dwelling unit in a multi-dwelling-unit building,
condominium, or townhouse complex shall not be considered property lines
separating one (1) unit from another.
(20)
Public premises shall mean all real property
including appurtenances thereon which is owned or controlled by any government
entity and shall include streets, alleys, parks, and green spaces.
(21)
Receptor premises shall mean the premises
(residential, commercial, industrial, or public) which are receiving noise
emitted from the source premise after crossing one (1) or more property lines.
(22)
Residential premises shall mean any premises where
single or multiple dwelling units exist and shall include primary schools,
churches, nursing homes, and similar institutional facilities including any
commercial premises where the use of more than fifty (50) percent of the gross
floor area meets the definition of residential premises.
(23)
Sound shall mean an oscillation in
pressure, stress, particle displacement, and particle velocity which induces
auditory sensation.
(24)
Sound level meter shall mean an apparatus or
instrument including a microphone, amplifier, attenuator, output meter and
frequency weighting networks for the measurement of sound levels. The sound level meter shall be of a design
and have characteristics of a Type II or better instrument as established by
the American National Standards Institute, publication S1.4-1971 entitled
Specification for Sound Level Meters.
(25)
Sound pressure level shall mean twenty (20) times the
logarithm to the base ten (10) of the ratio of the pressure of a sound to the
reference pressure of twenty (20) micronewtons per square meter (20 X 106
Newtons/Meter squared), and is expressed in decibels (dB).
(26)
Source premises shall mean the premises
(residential, commercial, industrial, or public) that are emitting noise that
is crossing one (1) or more property lines and impacting the receptor premises.
(27)
Snow removal equipment shall mean any equipment used for
removing snow from land or building surfaces and shall include snow plows, snow
blowers, snow sweepers, and snow shovels.
(28)
Tree maintenance equipment shall mean any equipment used in
the trimming or removing of trees and shall not be limited to chainsaws,
chippers, and stump removers.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-3.
Noise Prohibited. (return to Ch. 35)
It shall be unlawful to make,
continue, or cause to be made or continued any noise in excess of the noise
levels set forth in Sec. 35-4 unless the noise is reasonably necessary to the
preservation of life, health, safety, or property. The following acts, which enumeration shall not be deemed to be
exclusive, are hereby declared to be noise nuisances in violation of this
section and are unlawful:
(1) The playing or permitting or causing
the playing of any radio, radio receiving set, television, phonograph, stereo,
portable stereo or "boom box", loudspeaker, drum, juke box, nickelodeon,
musical instrument(s), sound amplifier, or similar device which produces,
reproduces, or amplifies sound when done in such a manner or with such volume,
intensity, or with continued duration so as to annoy, to distress, or to
disturb the quiet, comfort, or repose of any person.
(a) When in or on any public premise the
noise emitted from any such device shall not exceed the sound levels defined by
Sec. 35-4 of this chapter when measured from twenty-five (25) feet or more.
(b) Noise produced by any such device
coming from inside a building, house, or other private property shall not
exceed the sound levels as defined by Sec. 35-4 by more than five (5) dB(a)
when measured at the property boundary between the source property and the
receptor property or the property boundary of the closest adjacent private or
public property.
(2) It is unlawful for any person to
operate upon any public highway any motor vehicle or any combination of motor
vehicles under any conditions of grade, load, acceleration, or deceleration in
such manner so that the motor vehicle's exhaust noise exceeds ninety-five (95)
decibels.
(a) This sound measurement shall be
taken from the property boundary of any property which abuts the public
right-of-way of the public highway or street or such measurement may be taken
from any public street perpendicular to or which intersects the highway or
street upon which the noise source vehicle is traveling.
(b) This sound measure shall be taken at
a distance not less than twenty-five (25) feet from the noise source vehicle.
(3) Construction noise. The erection, including construction,
excavation, demolition, alteration, or repair work, or permitting or causing
thereof, of any building or other structure, or the operation or the permitting
or causing the operation of any tools or equipment used in construction,
excavation, drilling, demolition, alteration, or repair work:
(a) Other than between the hours of
seven (7) a.m. and ten (10) p.m.
(b) This subsection shall not apply in
cases of extreme and urgent necessity in the interest of public safety and
convenience, and then only by approval of the Superintendent of Public Works,
or his designee.
(4) Any noise emanating from a
stationary source as defined in this section shall require a sound measurement
of five (5) minutes or more to prove a violation of this section.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-4. Excessive Noise Levels. (return to Ch.
35)
A noise measured or registered as
provided herein from any source not exempted by this chapter at a level which
is equal to or in excess of the dB(a) established for the time period and zones
listed below or that exceeds the background level by five (5) dB(a), whichever
is greater, is declared to be excessive, unusual, loud and unnecessary, for the
purposes of this chapter.
|
ZONE
|
8 a.m. to next 10 p.m.
|
10 p.m. to next 8 a.m.
|
|
Residential
|
65 dB(a)
|
60 dB(a)
|
|
Commercial
|
70 dB(a)
|
65 dB(a)
|
|
Light
Industrial
|
80 dB(a)
|
75 dB(a)
|
|
Industrial
|
80 dB(a)
|
75 dB(a)
|
If there is considerable background
noise as defined in this chapter, the measuring of the noise level shall be
done over a fifteen (15) minute period of time.
In the event the source property is
in a different zone than the receptor property, the maximum sound levels of the
receptor property shall be the level which is enforced.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-5. Exceptions. (return to Ch. 35)
The following activities, as long as
they are conducted in the daytime hours as a normal function of a permitted use
and the equipment is maintained in proper working condition, are excepted from
the provisions of this chapter:
(1)
Lawn and garden maintenance;
(2)
Repair of personal use vehicles;
(3)
Home repair of place of residence;
(4)
Tree and/or shrubbery trimming;
(5)
Home use snow removal equipment.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-6. Exemptions; Daytime Hours - Generally. (return to Ch.
35)
- The following sounds are exempt
from the provisions of this chapter between the hours of seven a.m. (7:00
a.m.) and ten p.m. (10:00 p.m.):
(1)
Sounds created by bells, chimes, or carillons not operating for
more than fifteen (15) minutes in any one (1) hour;
(2)
Unamplified sounds originating from officially sanctioned parades
or other public events;
(3)
Sounds created by the discharge of firearms on legally established
shooting ranges.
(4)
Emergency warning devices, e.g. sirens, bells, whistles.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-7. Exemptions; Nighttime Hours - Generally. (return to Ch.
35)
- The following sounds are exempt
from the provisions of this chapter between the hours of ten p.m. (10:00
p.m.) and seven a.m. (7:00 a.m.) during weekdays and between ten p.m.
(10:00 p.m.) and eight a.m. (8:00 a.m.) during weekends:
(1)
Sounds created by existing stationary equipment used in the
conveyance of water by a utility.
(2)
Sounds created by existing electrical substations or electrical
production plants.
(3)
Sounds created by sources in industrial zones which, over the
previous three (3) years, have consistently operated in excess of fifteen (15)
hours per day as a demonstrated routine or as a consequence of process
necessity.
(4)
Sounds created by the operation of snow removal equipment.
(5)
Sounds originating from officially sanctioned parades or other
public events to include but not necessarily be limited to:
(a)
The Wayne Chicken Show and Henoween
(b)
The Wayne County Fair
(c)
The Jaycees July 4th Fireworks Display
(d)
The Relay for Life
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-8. Request for Waiver; When Allowed. (return to Ch.
35)
Persons and/or organizations
sponsoring a public event may request, in writing, a waiver of the conditions of
this chapter from the Wayne City Council for the use of amplified sounds for a
specific event and for a clearly defined period of time. Such waiver shall define the specific dates
and times and shall prohibit amplified sound greater than ninety-five (95)
dB(a) as measured a minimum of 150 feet from the source of the sound if the
event is located in a residential zone.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-9. Sound
Measurement. (return to Ch. 35)
Sound level measurements shall be
made with a sound level meter which meets the requirements of a Type II
instrument, as described in American National Standards Institute
Specifications, Section 1.4-1971, which is in good working order and that was
checked for calibration both before and after any sound level measurement was
taken.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-10. Enforcement. (return to Ch. 35)
The Chief of Police and all
municipal law enforcement officers, or designates, properly trained in the use
of the Type II Sound Level Meter shall be responsible for the enforcement of
the provisions of this chapter. In
addition, any person appointed as a public health officer, or any member of the
City of Wayne Board of Health, or the municipal Planner/Inspector who are
properly trained in the use of the equipment shall be authorized designates for
the purposes of this chapter.
(Ord. No.
2004-5, §, 5-11-2004)
Sec. 35-11. Violation Defined. (return to Ch. 35)
Any person who violates the
provisions of this section within the corporate limits of the municipality
shall be guilty of a misdemeanor and upon conviction be subject to the
following fines and costs:
(1)
First Offense - $100.00 fine + costs
(2)
Second Offense - $250.00 fine + costs
(3)
Third and subsequent Offenses - $500.00 fine + costs.
(Ord. No.
2004-5, §, 5-11-2004)
