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NOISE*
Sections:
I. Short Title, Policy and General Definitions
9.52.010 Short title.
9.52.020 Declaration of policy.
9.52.030 Definitions.
II. Prohibited Noise-General Prohibition
9.52.040 Unlawful to make.
9.52.050 Unlawful noises generally.
9.52.060 Bells and chimes.
9.52.070 Radios, television sets, phonographs and similar
devices-Use restricted.
9.52.080 Animals or birds.
9.52.090 Exhausts-Mufflers.
9.52.100 Defect in vehicle or load.
9.52.110 Quiet zone.
9.52.120 Dynamic braking devices.
9.52.130 Truck loading.
III. Prohibited Noise-Sound Level Standards
9.52.140 Construction activities.
9.52.150 Power equipment.
9.52.155 Temporary exemption from ordinance.
IV. Amplified Sound
9.52.160 Amplified sound.
9.52.170 Application for permit to use sound-amplifying equipment
in a motor vehicle.
9.52.190 Permit issuance.
I. Short Title, Policy and General Definitions
9.52.010 Short title.
This chapter shall be known as the Lakewood noise control ordinance. (Ord. O-86-42
§ 1 (part), 1986).
9.52.020 Declaration of policy.
It is declared that at certain levels, noise is detrimental to public health,
comfort, convenience, safety and welfare of the citizens of the city. This chapter
is enacted to protect, preserve and promote the health, welfare, peace and quiet
of the citizens of Lakewood through the reduction, prohibition and regulation
of noise. It is the intent of this chapter to establish and provide for sound
levels that will eliminate unreasonable and excessive noise, reduce community
noise, promote a comfortable enjoyment of life, property and conduct of business,
and prevent sound levels which are physically harmful and detrimental to individuals
and the community. (Ord. O-86-42 § 1 (part), 1986).
9.52.030 Definitions.
The following definitions shall apply in the interpretation and enforcement
of this chapter.
"Commercial district" means the following: (A) an area where offices,
clinics and the facilities needed to serve them are located; (B) an area with
local shopping and service establishments; (C) a tourist-oriented area where
hotels, motels and gasoline stations are located; (D) a business strip along
a main street containing offices, retail businesses and commercial enterprises;
(E) other commercial enterprises and activities which do not involve the manufacturing,
processing or fabrication of any commodity. "Commercial district"
includes, but is not limited to, any parcel of land zoned as a convenience commercial
district, a neighborhood commercial district, a community commercial district,
a commercial district, a large lot commercial district or an office district,
under the zoning ordinance of the city.
"Commercial purpose" means and includes the use, operation or maintenance
of any sound or amplifying equipment, for the purpose of advertising any business,
any goods or any services, or for the purpose of attracting the attention of
the public to or advertising for or soliciting the patronage of customers to
or for any performance, show, entertainment, exhibition or event, or for the
purpose of demonstrating any such sound equipment.
"Construction activities" means any and all activity incidental to
the erection, demolition, assembling, altering, installing or equipping of buildings,
structures, roads or appurtenances thereto, including land clearing, grading,
excavating and filling.
"Continuous noise" means a steady, fluctuating or impulsive noise
which exists, essentially without interruption, for a period of ten minutes
or more, with an accumulation of an hour or more during a period of eight hours.
"Device" means any mechanism which is intended to produce or which
actually produces sound when operated or handled.
"Dynamic braking device" means a device used primarily on trucks for
the conversion of the motor from an internal combustion engine to an air compressor
for the purpose of braking without the use of wheel brakes.
"Emergency work" is work made necessary to restore property to a safe
condition following a public calamity, or work required to protect persons or
property from an imminent exposure to danger or potential danger.
"Industrial district" means an area in which enterprises and activities
which involve the manufacturing, processing or fabrication of any commodity
are located. "Industrial district" includes, but is not limited to,
any parcel of land zoned as an industrial district or a planned development
district with uses permitted in an industrial district under the zoning ordinance
of the city.
"Motor vehicle" means any vehicle, such as, but not limited to, a
passenger vehicle, truck, truck-trailer, trailer or semi-trailer, propelled
or drawn by mechanical power, and includes motorcycles, snowmobiles, minibikes,
go-carts and any other vehicle which is self-propelled.
"Muffler" means any apparatus consisting of a series of chambers or
baffle plates designed for the purpose of transmitting gases while reducing
sound emanating from such apparatus.
"Noncommercial purpose" means the use, operation or maintenance of
any sound-amplifying equipment for other than a commercial purpose. "Noncommercial
purpose" means and includes, but is not limited to, philanthropic, political,
patriotic and charitable purposes.
"Residential district" means an area of single or multiple-family
dwellings and includes areas where multiple-unit dwellings, high-rise apartments
and high-density residential districts are located. "Residential district"
also includes, but is not limited to, hospitals, nursing homes, homes for the
aged, schools, courts and similar institutional facilities. "Residential
district" includes, but is not limited to, land zoned as a large lot residential
district, a small lot residential district, a duplex residential district, a
high-density residential district, a medium-density residential district, or
a mobile home residential district under the zoning ordinance of the city.
"Sound-amplifying equipment" means any machine or device for the amplification
of a human voice, music or any other sound, or by which the human voice, music
or any other sound is amplified.
"Unreasonable noise" means any excessive or unusually loud sound,
or any sound which disturbs the peace and quiet of any neighborhood or causes
damage to any property or business. (Ord. O-94-33 § 32 & 33, 1994;
Ord. O-86-42 § 1 (part), 1986).
II. Prohibited Noise-General Prohibition
9.52.040 Unlawful to make.
No person shall knowingly make or continue, or cause to be made or continued,
any unreasonable noise within the city. (Ord. O-86-42 § 1 (part), 1986).
9.52.050 Unlawful noises generally.
The following acts, enumerated in Sections 9.52.060 through 9.52.160, are declared
to cause unreasonable noises in violation of this chapter; provided, however,
that the following enumeration is not in limitation of Section 9.52.040, and
is not exclusive. (Ord. O-86-42 § 1 (part), 1986).
9.52.060 Bells and chimes.
No person shall use, operate, cause or permit to be sounded any bell or chime,
or any device for the production or reproduction of the sounds of bells or chimes,
from any church, clock or school, between the hours of ten p.m. of one day and
seven a.m. of the following day. (Ord. O-86-42 § 1 (part), 1986).
9.52.070 Radios, television sets, phonographs and similar
devices-Use restricted.
It is unlawful for any person to use, operate or permit to be played any radio
receiving set, musical instrument, television, phonograph, drum or other machine
or device for the production or reproduction of sound in such a manner as to
cause any unreasonable noise. (Ord. O-94-33 § 34, 1994; Ord. O-86-42 §
1 (part), 1986).
9.52.080 Animals or birds.
No person shall keep or maintain or permit the keeping of, on any premises owned,
occupied or controlled by such person, any animal or bird otherwise permitted
to be kept, which by frequent or habitual howling, barking, meowing, squawking
or other noise unreasonably disturbs the peace and quiet of any neighborhood
or causes discomfort or annoyance to any person. (Ord. O-86-42 § 1 (part),
1986).
9.52.090 Exhausts-Mufflers.
No person shall discharge into the open air the exhaust of any steam engine,
stationary internal combustion engine, air compressor equipment, motorboat,
motor vehicle or other power device, which is not equipped with an adequate
muffler in constant operation and properly maintained to prevent any unreasonable
noise, and no such muffler or exhaust system shall be modified or used with
a cutoff, bypass or similar device. (Ord. O-86-42 § 1 (part), 1986).
9.52.100 Defect in vehicle or load.
It is unlawful for any person to operate, or cause or permit to be operated
or used, any automobile, truck, motorcycle or other motor vehicle so out of
repair, so loaded or in such a manner as to cause any unreasonable noise. (Ord.
O-94-33 § 35, 1994; Ord. O-86-42 § 1 (part), 1986).
9.52.110 Quiet zone.
The creation of any unreasonable noise is prohibited within the vicinity of
any school, institution of learning, church or court while the same is in use
or session, which unreasonably interferes with the workings of such institution,
or within the vicinity of any hospital, nursing home or home for the aged, or
which disturbs or unduly annoys patients in the hospital or residents in the
nursing home or home for the aged, provided conspicuous signs are displayed
in adjacent, surrounding or contiguous streets indicating that the same is a
school, hospital, nursing home, home for the aged, church or court. (Ord. O-86-42
§ 1 (part), 1986).
9.52.120 Dynamic braking devices.
No person shall operate any motor vehicle with a dynamic braking device engaged
which is not properly muffled. (Ord. O-86-42 § 1 (part), 1986).
9.52.130 Truck loading.
No person shall load any garbage, trash or compactor truck, or any other truck,
whereby the loading, unloading or handling of boxes, crates, equipment or other
objects is conducted within a residential district or within three hundred feet
of any hotel, motel, or residential district between the hours of ten p.m. of
one day and seven a.m. of the following day.
(Ord. O-2001-34 § 5; Ord. O-86-42 § 1 (part), 1986).
III. Prohibited Noise-Sound Level Standards
9.52.140 Construction activities.
Except as otherwise provided in this chapter, no person shall engage in, cause
or permit any person to be engaged in construction activities in any residential
or commercial district between the hours of nine p.m. of one day and six a.m.
of the following day. Construction activities directly connected with the abatement
of an emergency are excluded from the provisions of this section. (Ord. O-86-42
§ 1 (part), 1986).
9.52.150 Power equipment.
No person shall operate or permit to be operated on any private property, or
on the public way within any residential or commercial district(s), any power
equipment used for home or building repair or grounds maintenance, or any construction
equipment used for construction activities, between the hours of ten p.m. of
one day and seven a.m. of the next day. Such power equipment shall include,
but not be limited to, lawn mowers, garden tools, snow removal equipment, electric
or chain saws, pavement breakers, log chippers, riding tractors, or powered
hand tools. (Ord. O-86-42 § 1 (part), 1986).
9.52.155 Temporary exemption from ordinance.
A. Applications for a temporary exemption from the provisions of Sections 9.52.140
and 9.52.150 shall be made to the City Manager or his designee.
B. In approving or denying a temporary exemption, consideration shall be given
to effective dates, hours of operation, type of noise, location, loudness, equipment
noise characteristics and public health, safety and welfare.
C. Any temporary exemption approved hereunder may provide for, without limitation,
a public information program prior to construction, restrictions on effective
dates, hours of operation, type of noise, location, loudness, and equipment
type relating to that particular activity giving rise to the relief requested.
D. The City Manager shall promptly notify the City Council of each temporary
exemption approved. (Ord. O-92-4 § 1, 1992).
9.52.160 Amplified sound.
A. No person shall use or operate any loudspeaker, public address system, or
other sound-amplifying equipment for the purpose of giving instructions, directions,
talks, addresses or lectures, or for transmitting music or sound to any persons
or assemblages of persons, between the hours of ten p.m. of one day and seven
a.m. of the following day, in such a manner as to be plainly audible at the
property line. The intensity and loudness of any amplified sound, which is transmitted
between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable.
B. No person shall use or operate any loudspeaker, public address system, or
other sound-amplifying equipment in a motor vehicle in such a manner as to be
plainly audible at twenty-five feet from the motor vehicle, unless a permit
has been issued by the City Clerk pursuant to Section 9.52.190 which allows
such amplification. If such a permit has been issued, the intensity and loudness
of any amplified sound, which is transmitted between the hours of seven a.m.
and ten p.m. of one day, shall not be unreasonable.
C. The provisions of this section shall not apply to any bell or chime or any
device for the production or reproduction of the sound of bells or chimes from
any church, clock or school.
D. The provisions of this section shall not apply to sound made on property
owned by, controlled by, or leased to the city, the federal government, or to
any branch, subdivision, institution or agency of the government of this state
or any political subdivision within it, and when such sound is made by an activity
of the governmental body or sponsored by it or by others pursuant to the terms
of a contract, lease, or permit granted by such governmental body. (Ord. O-2002-16
§ 1, 2002; Ord. O-86-42 § 1 (part), 1986).
9.52.170 Application for permit to use sound-amplifying
equipment in a motor vehicle.
Any person, partnership, association, or corporation desiring to use or operate
any loudspeaker, public address system, or other sound-amplifying equipment
in or from a motor vehicle for either commercial or noncommercial purposes must
first obtain a permit from the City Clerk. The permit may authorize the use
or operation of such sound-amplifying equipment between the hours of seven a.m.
and ten p.m. of one day. The application for the permit shall be filed with
the City Clerk and shall provide the following information:
A. The name, address and telephone number of both the owner and the user of
the sound-amplifying equipment;
B. The license number of the motor vehicle which is to be used;
C. The general description of the sound-amplifying equipment which is to be
used;
D. Whether the sound-amplifying equipment will be used for commercial or noncommercial
purposes; and
E. The dates upon which and the streets over which the equipment is proposed
to be operated. (Ord. O-86-42 § 1 (part), 1986).
9.52.190 Permit issuance.
Permits required by Sections 9.52.170 may be issued by the City Clerk if the
City Clerk finds that the conditions of motor vehicle movement or pedestrian
movement are such that the use of the equipment will not constitute an unreasonable
interference with traffic safety, that the applicant will not violate the hour
restrictions of the permit, and that the use of the sound-amplifying equipment
will not disturb the peace and quiet of any neighborhood. An applicant may appeal
the denial of a permit by the City Clerk to the City Manager if such appeal
is filed in writing with the City Manager within seven days of the denial of
said permit by the City Clerk. The City Manager or his designee shall conduct
any hearing and/or review of the denial of the permit request, and his decision
shall be final. The City Manager may promulgate rules and regulations or procedures
to govern any such hearing and/or review. (Ord. O-2002-16 § 3, 2002; Ord.
O-86-42 § 1 (part), 1986).
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