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HomeMy WebLinkAboutOrd1997-021 I I I 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. -2- I I I 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. -3- 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 -4- I I . 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. -5- 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'" \\\ '" ..~~.. OF Sl.:~ '~'. .;0 ~-ol ........ '4^' ~ ,."i.~... o~:..!.;"')'^ '<; ~ ~~ .~~..~ ~ ... . ( -- . . , .. . -0-- . " ~ : ............ j) \ '. '31 .: ~t ~'~~ J.lli : '1 ; :: : uo>>,......... :"~ ~ ~ ~ ..:: (a"'~ ",I:;: \~..Vi\'!:' \~.......~".. "i1t, ...,i:.::..~.tl....~ro'fr"..':" ,., .. OF ~\,; .......... "'...11\\'" -6-