HomeMy WebLinkAboutOrd1997-021
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Sponsored by: Garzini
Introduction Date: 07/28/97
Public Hearing Date: 08/] 1/97
Enactment Date: 08/25/97
CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ESTABLISHING SEWARD CITY CODE CHAPTER 9.25, NOISE
CONTROL
WHEREAS, Chapter 9.20 of the Seward City Code relating to public nuisances prohibits
excessive noise to the extent such noise is a public nuisance; and
WHEREAS, Chapter 9.20 of the Seward City Code may not contain sufficient provisions
to control noise for situations involving disruptions of the peace in addition to noise that reaches the
level of a public nuisance; and
WHEREAS, the City Council finds it necessary to protect the health, safety, and well-being
of the public by regulating excessive noise for purposes of maintaining the peace and quiet of
residential neighborhoods and other noise-sensitive areas such as in the vicinity of commercial lodging
facilities and institutions including hospitals and nursing homes that may be unreasonably disturbed
by loud noises; and
WHEREAS, the City Council finds it in the public interest to adopt the following new code
Chapter 9.25 relating to noise control that shall apply in addition to any restrictions on noise that may
already be contained in Chapter 9.20 relating to public nuisances;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. A new Seward City Code Chapter, Chapter 9.25, Noise Control, is hereby
adopted as set forth below:
9.25.010 Noise Control: In addition to the provisions of ehapter 9.20
applicable to noise as a public nuisance, this chapter shall apply to noise control
within the city.
9.25.015 Definitions: (a) The following words, terms, and phrases, when
used in this chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
A-weighted sound level means the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network, the level of
which so read is designated dB(A) or dBA.
CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
Commercial area means any parcel of land zoned as AC, He, or eB under
title 15.
Decibel (dB) means a unit measure of sound level.
Equivalent A-weighted sound level (Le,) means the constant sound level that
in a given situation and time period conveys the same sound energy as the
actual time-varying A-weighted sound.
Industrial area means any parcel of land zoned as I or RM under Title 15.
Noise means any sound that annoys or disturbs humans or causes or tends
to cause an adverse psychological or physiological effect on humans.
Noise disturbance means any sound that endangers or injures the safety or
health of humans or animals, annoys or disturbs a reasonable person of
normal sensitivities, or endangers or injures personal or real property.
Noise-sensitive zone means any area designated pursuant to section 9.25.025
for the purpose of ensuring exceptional quiet.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk,
alley, public use easement or similar place owned or controlled by a
governmental entity.
Public space means any real property or structures thereon owned or
controlled by a governmental entity.
Public use area means any parcel of land zoned as INS or P under Title 15.
Residential area means any parcel of land zoned as RR, R-l, R-2, R-3, UR
or OR under Title 15.
Sound level means the weighted sound pressure level obtained by the use of
a sound level meter andfrequency weighting network such as A, B or e as
specified in American National Standards Institute specifications for sound
level meters (ANSI SI.4-1971 or the latest approved revision thereof). If the
frequency weighting employed is not indicated, the A weighting shall apply.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
Sound level meter means an instrument that includes a microphone,
amplifier, RMS detector, integrator or time average, output meter and
weighting networks used to measure sound pressure levels.
Sound means an oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces that
causes compression and rarefaction of that medium. The description of
sound may include any characteristic of such sound, including duration,
intensity, and frequency.
(b) All terminology used in this chapter and not defined in this
section 9.25.015 shall be in conformance with applicable publications of the
American National Standards Institute (ANSI) or its successor body.
9.25.020 Excessive Noise Prohibited: (a) It is unlawfuljor any person to wilfully
make or continue, or cause to be made or continued, any noise disturbance, loud
sound, loud noise, or unusual noise which disturbs the peace or quiet of any
neighborhood or which causes discomfort or annoyance to any reasonable person
of normal sensitivity residing in the area.
(h) The standards which may be considered in determining whether a
violation of the provisions of this section by a person exists may include, but are not
limited to, the following:
(1) in a public place, repeatedly or continuously shouts, blows a
horn, plays a musical or recording or amplifying instrument, or otherwise
generates loud sounds or noise with the intent to disturb or in reckless
disregard of the peace and privacy of others;
(2) in a private place, engages in the conduct described in
paragraph (a) of this section, with the same intent or reckless disregard, after
having been informed by another person that the conduct is disturbing the
peace and privacy of others not residing in the same place;
(3) using, playing, or practicing upon any musical instrument
upon any street, alley, or public place, without a written permit from the city
manager, or unless permitted in this eode;
(4) using,for the purpose of attracting the attention of the public,
any radio, recording music or sound-amplifying device of any kind, the
soundfrom which is cast directly upon a street, alley, or public place. This
subsection shall not apply to devices officially used by a governmental entity.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
The city manager shall have the authority, on written application to him or
her, to permit the broadcast by use of sound-amplifying devices under
conditions prescribed by him or her;
(5) operating or using any pile driver, power shovel, pneumatic
hammer, or other apparatus the use of which is attended by loud or unusual
noise, in conducting any building operations between the hours of 10: 00 p. m.
and 7:00 a.m., except by written permit issued by the city manager; or
(6) operating any unmuffled internal combustion engine, or noise
creating blower or power fan.
(c) As used in subparagraphs 1-6 of this section, "loud sound," "loud
noise," or "unusual noise" includes (1) any sound or noise which would awaken, or
cause difficulty in sleeping for, the average, not unduly sensitive individual
attempting to sleep in a house, apartment, hotel, or motel, and (2) any source of
sound that creates a sound level exceeding the limits set forth for the receiving land
use category in Table 1 of this section when measured by a sound level meter at or
within the property boundary of the receiving land described under the listed
receiving land use category.
Table 1. Sound levels by receiving land use.
Receiving Land Use eategory
Time
Sound Level Limit
(dBA)
60
50
Residential area
7:00 am--l0:00 pm
10:00 pm--7:00 am
eommercial area
7:00 am--l0:00 pm
10:00 pm--7:00 am
70
60
Public use area
7:00 am--l0:00 pm
JO:OO pm--7:00 am
65
50
Jndustrial area
At all times
80
9.25.025 Noise-Sensitive Zones: The city manager may prepare recommendations
to the City eouncil for the designation of noise-sensitive zones containing noise-
sensitive activities. No person shall create or cause the creation of any sound within
any noise-sensitive zone designated pursuant to this section so as to disrupt the
activities normally conducted within the zone, provided that conspicuous signs are
displayed indicating the presence of the zone. No person shall create or cause the
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
creation of any sound within any noise-sensitive zone designated pursuant to this
section containing a hospital, nursing home, or similar activity so as to interfere with
the functions of such activity or disturb or annoy the patients in the activity, provided
that conspicuous signs are displayed indicating the presence of the zone.
9.25.030 Exceptions: The provisions of this chapter shall not apply to:
(a) non-commercial public speaking or public assembly activities
conducted in any public space or public right-of-way; or
(b) the emission of sound for the purpose of alerting persons to the
existence of any emergency, the emission of sound in the performance of emergency
work, or the emission of sound in the performance work by city departments
including, but not limited to, the harbor, police, fire, and engineering and utilities
departments (for example emergency response and SlIOW removal).
9.25.035 Penalties and remedies: (a) A person who violates a provision of this
chapter is guilty of a misdemeanor and upon conviction shall pay a fine of fifty
dollars ($50.00) for the first violation; seventy-five dollars ($75.00) for the second
violation; one hundred dollars ($100.00) for the third violation; and three hundred
dollars ($300.00) for the fourth violation and every violation thereafter.
(b) Notwithstanding the availability of any other remedy, the city or any
aggrieved person may bring a civil action to enjoin any violation of this chapter, or
to obtain damages for any injury the city or other plaintiff suffered as a result of the
violation.
(c) Each act or condition violated in this chapter, and each day during
which the act or condition exists, continues, or is repeated shall be a separate and
distinct violation.
(d) The penalties provided for violation of this chapter are in addition to
and not in lieu of any other penalty provided for in this eode, state law, or any civil
remedy available to the city. A person who violates anv provision of this chavter
shall also be subiect to the civil remedies provided in Section 1.05.010. including but
not limited to. the imvosition of a civil penalty under Section 1.05.010B.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
25 day of August, 1997.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-21
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~Jl \--c :"'.-.) ~\_~~
Patricia 1. Jones, CMC
Acting City Clerk
CZ---' ~[cAu~
City Attorney v
(City Seal) ,"IU'"
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