HomeMy WebLinkAbout45 of 1981 - Repealing Title 32, Chapter 9, Sections 1 through 14, entitled 'Noise Control', and enacting a new o SALT LAKE CITY ORDINANCE
No. 45 of 1981
(Noise Control)
AN ORDINANCE REPEALING TITLE 32, CHAPTER 9, SECTIONS 1
THROUGH 14, OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH,
1965, AS AMENDED, ENTITLED "NOISE CONTROL", AND ENACTING A NEW
ORDINANCE, TITLE 18, CHAPTER 33, SECTIONS 1 THROUGH 11,
INCLUSIVE, ENTITLED "NOISE CONTROL" WHICH RELATES TO DEFINITIONS
AND STANDARDS, PROHIBITIONS, EXEMPTIONS, PERMITS, AND RELATED
MATTERS.
SECTION 1. That Title 32, Chapter 9, Sections 1 through 14
of the Revised Ordinances of Salt Lake City, Utah, 1965, as
amended, is hereby repealed, in its entirety.
SECTION 2. A new Title 18, Chapter 33, Sections 1 through
11, inclusive, entitled "Noise Control", is hereby enacted as
follows:
Chapter 33
NOISE CONTROL
Sections:
18-33-1. Declaration of policy.
18-33-2. Definitions and standards.
18-33-3. Noises prohibited.
18-33-4. Use district noise levels.
18-33-5. Sound level measurement.
18-33-6. Exemptions.
18-33-7. Permit.
18-33-8. Enforcement responsibility.
18-33-9. Violation.
18-33-10. Additional remedies.
18-33-11. Severability.
Sec. 18-33-1. Declaration of policy. It is hereby declared
to be the policy of Salt Lake City to prohibit the making,
creation or maintenance of excessive, unnecessary, unnatural or
unusually loud noises which are prolonged, unusual or unnatural
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in their time, place and use and are a detriment to the public
health, comfort, convenience, safety, welfare, prosperity and
peace and quiet of the residents of Salt Lake City.
Sec. 18-33-2. Definitions and standards. All terminology
used in this ordinance and not defined below shall be interpreted
in conformance with applicable American National Standards
Institute Publications, including but not limited to S1. 1-1960,
R 1971, or those from its successor publications or bodies. For
the purposes of this ordinance, certain words and phrases used
herein are defined as follows:
(a) A-Weighted sound pressure level: The sound pressure
level as measured with a sound level meter using the A-weighting
network. The standard notation is dB(A) or dBA.
(b) Ambient sound pressure level: The sound pressure level
of the all-encompassing noise associated with a given
environment, usually a composite of sounds from many sources. It
is also the A-weighted sound pressure level exceeded 90 percent
of the time based on a measurement period which shall not be less
than 10 minutes.
(c) Continuous sound: Any sound which exists, essentially
without interruption, for a period of 10 minutes or more.
(d) Cyclically varying noise: Any sound which varies in
sound level such that the same level is obtained repetitively at
reasonably uniform intervals of time.
(e) Decibel: Logarithmic and dimensionless unit of measure
often used in describing the amplitude of sound. Decibel is
denoted at dB.
(f) Device: Any mechanism which is intended to produce, or
which actually produces, noise when operated or handled.
(g) Dynamic braking device (commonly referred to as Jacobs
Brake): A device used primarily on trucks for the conversions of
the engine from an internal combustion engine to an air
compressor for the purpose of braking without the use of wheel
brakes.
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(h) Emergency work: 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.
(i) Emergency vehicle: A motor vehicle used in response to
a public calamity or to protect persons or property from an
imminent exposure to danger.
(j) Impulsive noise: A noise containing excursions usually
less than one second, or sound pressure level using the fast
meter characteristic.
(k) Motor vehicle: Any vehicle which is self-propelled by
mechanical power, including but not limited to passenger cars,
trucks, truck-trailers, semi-trailers, campers, motorcycles,
minibikes, go-carts, snowmobiles and racing vehicles.
(1) Muffler: An apparatus consisting of a series of
chambers or baffle plates designed for the purpose of
transmitting gases while reducing sound emanating from such
apparatus.
(m) Noise disturbance: Any sound which annoys or disturbs
reasonable persons with normal sensitivities, or which injures or
endangers the comfort, repose, health, hearing, peace and safety
of other persons.
(n) Noise: Any sound which is unwanted or which causes or
tends to cause an adverse psychological or physiological effect
on human beings.
(o) Percentile sound pressure level: (1) Tenth percentile
noise level--the A-weighted sound pressure level that is exceeded
10 percent of the time in any measurement period (such as the
level that is exceeded for 1 minute in a 10 minute period) and is
denoted L10.
(2) Ninetieth percentile noise level--the A-weighted sound
pressure level that is exceeded 90 percent of the time in any
measurement period (such as the level that is exceeded for 9
minutes in a 10 minute period) and is denoted L90.
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(p) Person: Any human being, firm, association,
organization, partnership, business, trust, corporation, company,
contractor, supplier, installer, user, owner or operator,
including any municipal corporation or its officers or employees.
(q) Plainly audible noise: Any noise for which the
information content of that noise is unambiguously transferred to
the listener, such as but not limited to understanding of spoken
speech, comprehension of whether a voice is raised or normal, or
comprehension of musical rhythms.
(r) Property boundary. An imaginary line exterior to any
enclosed structure, at the ground surface, and its verticle
extension, which separates the real property owned by one person
from that owned by another person.
(s) Public right-of-way: Any street, avenue, boulevard,
highway, or alley or similar place which is owned or controlled
by a public governmental entity.
(t) Pure tone: Any sound which can be distinctly heard as
a single pitch or a set of single pitches. For the purposes of
measurement, a pure tone shall exist of the one-third octave band
sound pressure level in the band when the tone exceeds the
arithmetic average of the sound pressure levels of the two
contiguous one-third octave bands by 5 dB for frequencies of 500
Hz and above, by 8 dB for frequencies between 160 and 400 Hz, and
by 15 dB for frequencies less than or equal to 125 Hz.
(u) Repetitive impulsive noise: Any noise which is
composed of impulsive noises that are repeated at sufficiently
slow rates such that a sound level meter set at the "fast" meter
characteristic will show changes in sound pressure level greater
than 10 di(A).
(v) Sound: A temporal and spatial oscillation in pressure,
or other physical quantity, in a medium with interval forces that
causes compression and rarefaction of that medium, and which
propagates at finite speed to distant points.
(w) Sound level meter: An instrument, including a
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microphone, amplifier, RMS detector and intergrator, time
averager, output meter and/or visual display and weighting
networks, that is sensitive to pressure fluctuations. The
instrument reads sound pressure level when properly calibrated
and is of type 2 or better as specified in American National
Standards Institute Publication Si. 4-1971 or its successor
publication.
(x) Sound pressure: The instantaneous difference between
the actual pressure and the average or barometric pressure at a
given point in space due to sound.
(y) Sound pressure level: Twenty times the logarithm to
the base 10 of the ratio of the RMS sound pressure to the
reference pressure, which shall be 20 micropascals, denoted LP or
SPL.
(z) Stationary noise source: Any device, fixed or movable,
which is located or used on property other than a public right-
of-way.
(aa) Steady noise: A sound pressure level which remains
essentially constant during the period of observation, i.e., does
not vary more than 6 dB(A) when measured with the "slow" meter
characteristic of a sound level meter.
(bb) Use district: Those districts established by the Salt
Lake City Zoning Ordinances (Title 51), Revised Ordinances of
Salt Lake City, 1965, as amended).
Sec. 18-33-3. Noises prohibited.
(a) General prohibitions. In addition to the specific
prohibitions outlined in subpart (b) below and Sections 4 and 9
of this ordinance, it shall he unlawful for any person to make,
continue, or cause to be made or continued any noise disturbance
within the limits of Salt Lake City.
(b) Specific prohibitions. The following acts are declared
to be in violation of this ordinance:
(1) Horns and signaling devices. Sounding of any horn
or signaling device on any truck, automobile, motorcycle,
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emergency vehicle or other vehicle on any street or public
place within the city except as a danger warning signal as
provided in the vehicle code of the State of Utah, or the
sounding of any such signaling device for an unnecessary or
unreasonable period of time.
(2) Radios, television sets, musical instruments, and
similar devices.
a. Using, operating or permitting the use or
operation of any radio receiving set, musical
instrument, television, phonograph, drum or other
machine or device for the production or reproduction of
sound, except as provided for in paragraph 3 below, in
such a manner as to violate Section 4 or cause a noise
disturbance.
b. The operating of any such device between the
hours of 9 p.m. and 7 a.m. the following day or,
between the hours of 9 p.m. and 9 a.m. when the
following day is a Sunday or legal holiday, in such a
manner as to be plainly audible at the property
boundary of the source or plainly audible at 50 feet
(15 meters) from such device when operated within a
vehicle parked on a public right-of-way.
(3) Public loudspeakers. Using or operating a
loudspeaker or sound amplifying equipment in a fixed or
movable position or mounted upon any sound vehicle in or
upon any street, alley, sidewalk, park, place, or public
property for the purpose of commercial advertising, giving
instructions, directions, talks, addresses, lectures, or
transmitting music to any persons or assemblages of persons
in such a manner as to violate Section 4 or cause a noise
disturbance unless a permit as provided by Section 7 is
first obtained.
(4) Hawkers and peddlers. Selling anything by outcry
within any area of the city zoned primarily for residential
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uses in such a manner as to violate section 4 or cause a
noise disturbance. The provisions of this section shall not
be construed to prohibit the selling by outcry or
merchandise, food, and beverages at licensed sporting
events, parades, fairs, circuses, and other similarly
licensed public entertainment events.
(5) Animals. Owning, keeping, possessing, or
harboring any animal or animals which, by frequent or
habitual noisemaking, violates section 4 or causes a noise
disturbance. The provisions of this section shall apply to
all private and public facilities, including any animal
pounds, which hold or treat animals.
(6) Loading operation. Loading, unloading, opening or
otherwise handling boxes, crates, containers, garbage
containers or other objects between the hours of 9 p.m. and
7 a.m. the following day or, between the hours of 9 p.m. and
9 a.m. when the following day is a Sunday or legal holiday,
in such a manner as to violate section 4 or cause a noise
disturbance.
(7) Construction work. Operating, or causing to be
used or operated, any equipment used in construction,
repair, alteration or demolition work on buildings,
structures, streets, alleys, or appurtenances thereto:
a. In residential or commercial land use
districts between the hours of 9 p.m. and 7 a.m. the
following day or, between the hours of 9 p.m. and 9
a.m. when the following day is a Sunday or legal
holiday;
b. In any land use district where such operation
exceeds the second level limits for an industrial land
use as set forth in section 4.
(8) Domestic power equipment. Operating or permitting
to be operated any power equipment rated 5 horsepower or
less used for home or building repair or grounds
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maintenance, including, but not limited to power saw,
sander, lawn mower, garden equipment or snow removal
equipment, in residential or commercial zones:
a. Outdoors between the hours of 9 p.m. and 7
a.m. the following day or, between the hours of 9 p.m.
and 9 a.m. when the following day is a Sunday or legal
holiday;
b. Any such power equipment which emits a sound
pressure level in excess of 74 dB(A) measured at a
distance of 50 feet (15 meters).
(9) Commercial power equipment. Operating or
permitting to be operated, any power equipment, except
construction equipment used for construction activities,
rated more than 5 horsepower, including but not limited to
chain saws, pavement breakers, log chippers, powered hand
tools:
a. In residential or commercial land use
districts between the hours of 9 p.m. and 7 a.m. the
following day or between the hours of 9 p.m. and 9 a.m.
when the following day is a Sunday or legal holiday.
b. In any land use district if such equipment
emits a sound pressure level in excess of 82 dB(A)
measured at a distance of 50 feet (15 meters).
(10) Enclosed places of public entertainment.
Operating or permitting to be operated in any place of
public entertainment any loudspeaker or other source of
sound which produces, at a point that is normally occupied
by a customer, maximum sound pressure levels of 100 dB(A) as
read with the slow response on a sound level meter, unless a
conspicuous and legible sign at least 225 square inches in
area is posted near each public entrance stating:
"WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT." This
provision shall not be construed to allow the operation of
any loudspeaker or other source of sound in such a manner as
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to violate section 4 of this ordinance.
(11) Fireworks or explosives. The use of explosives
or fireworks, or the firing of guns or other explosive
devices so as to be audible across a property boundary or on
a public space or right-of-way, without first obtaining a
permit as provided by section 7. This provision shall not
be construed to permit conduct prohibited by other statutes,
ordinances or regulations governing such activity.
(12) Racing events. Permitting any motor vehicle
racing event at any place in such a manner as to violate
section 4 or cause a noise disturbance, without first
obtaining a permit as provided by section 7.
(13) Powered model mechanical devices. The flying of
a model aircraft powered by internal combustion engines,
whether tethered or not, or the firing or operating of model
rocket vehicles or other similar noise-producing devices,
between the hours of 9 p.m. and 7 a.m. the following day or,
between the hours of 9 p.m. and 9 a.m. when the following
day is a Sunday or legal holiday, or in such a manner as to
violate section 4 or cause a noise disturbance.
(14) Dynamic braking devices. (Commonly referred to
as Jacobs Brake). Operating any motor vehicle with a
dynamic braking device engaged except for the aversion of
imminent danger.
(15) Defect in vehicle. Operating or permitting to be
operated or used any truck, automobile, motorcycle, or other
motor vehicle which, by virtue of disrepair or manner of
operation, violates section 4 or causes a noise disturbance.
(16) Refuse compacting vehicles. The operating or
causing or permitting to be operated or used any refuse
compacting vehicle which creates a sound pressure level in
excess of 74 dB(A) at 50 feet (15 meters) from the vehicle.
(17) Garbage collection. The collection of garbage,
waste or refuse between the hours of 9 p.m. and 7 a.m. the
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following day or, between the hours of 9 p.m. and 9 a.m.
when the following day is a Sunday or legal holiday:
a. In any area zoned residential, or within 300
feet of an area zoned residential;
b. In any land use district so as to cause a
noise disturbance.
(18) Standing motor vehicles. The operating or
causing or permitting to be operated any motor vehicle or
any auxiliary equipment attached thereto in such a manner as
to violate section 4 or cause a noise disturbance for a
consecutive period longer than 15 minutes during which such
vehicle is stationary in a residential zone.
(19) Quiet zones. Creating noise in excess of the
residential standard as defined in section 4 within the
vicinity of any school, hospital, institution of learning,
court, or other designated area where exceptional quiet is
necessary, while the same is in use, provided conspicuous
signs are displayed in the streets indicating that the same
is a quiet zone.
(20) Bells and alarms. Sounding, operating or
permitting to sound or operate an electronically amplified
signal from any burglar alarm, bell, chime or clock,
including but not limited to bells, chimes or clocks in
schools, houses of religious worship or governmental
buildings, which fails to meet the standards set forth in
section 4 for more than 5 minutes in any hour.
(21) Fixed sirens, whistles and horns. The sounding
or causing the sounding of any whistle, horn or siren as a
signal for commencing or suspending work, or for any other
purpose except as a sound signal of imminent danger, in such
a manner as to violate section 4 or cause a noise
disturbance.
(22) Recreational vehicles and snowmobiles.
a. Operating a recreational vehicle or snowmobile
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in a manner which violates section 4 or causes a noise
disturbance.
b. Selling or operating any recreational vehicle
or snowmobile, manufactured after 1977, in Salt Lake
City unless such vehicle produces no more than a
maximum sound level of 82 dB(A) at 50 feet (15 meters).
Sec. 18-33-4. Use district noise levels. (a) Maximum
permissible sound levels. It shall be a violation of this
ordinance for any person to operate or permit to be operated any
stationary source of sound in such a manner as to create a
ninetieth percentile sound pressure level (L90) of any
measurement period (which shall not be less than 10 minutes
unless otherwise provided in this ordinance) which exceeds the
limits set forth for the following receiving land use districts
when measured at the boundary or at any point within the property
affected by the noise:
Use District Weekdays & Saturdays
9 p.m.-7 a.m. 7 a.m.-9 p.m.
Residential 50 dB(A) 55 dB(A)
Commercial-Agricultural 55 dB(A) 60 dB(A)
Industrial 75 dB(A) 80 dB(A)
Sundays & Holidays
9 p.m.-9 a.m. 9 a.m.-9 p.m.
Residential 50 dB(A) 55 dB(A)
Commercial-Agricultural 55 dB(A) 60 dB(A)
9 p.m.-7 a.m. 7 a.m.-9 p.m.
Industrial 75 dB(A) 80 dB(A)
When a noise source can be identified and its noise measured
in more than one land use category, the limits of the most
restrictive use shall apply at the boundaries between different
land use categories.
(b) Correction for duration of sound.
(1) It shall be a violation of this ordinance for any
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person to operate, or permit to be operated, any stationary
source of sound within any land use district which creates a
tenth percentile sound pressure level (L10) of 15 dB(A)
greater than the levels set forth for the receiving land use
districts in subsection (a) above for any measurement
period. Such period shall not be less than 10 minutes.
(2) Notwithstanding part (1) of this subsection, it
shall be a violation of this ordinance for any person to
operate or permit to be operated, any stationary source of
sound within any land use district which creates a tenth
percentile sound pressure level (L10) greater than 15 dB(A)
above the ambient and sound pressure level (L90) of any
measurement period. Such period shall not be less than 10
minutes.
(c) Correction for character of sound.
(1) For any stationary source of sound which emits a
pure tone, cyclically varying sound or repetitive impulsive
sound, the limits set forth in subsection (a) above shall be
reduced by 5 dB(A).
(2) Notwithstanding compliance with part (1) of this
subsection, it shall be a violation of this ordinance for
any person to operate or permit to be operated any
stationary source of sound which emits a pure tone,
cyclically varying or repetitive impulsive sound which
creates a noise disturbance.
Sec. 18-33-5. Sound level measurement. Sound level
measurements shall be made with a sound level meter using the "A"
weighting scale, in accordance with standards promulgated by the
American National Standards Institute or other reasonable
standards adopted and tested by the Salt Lake City-County Health
Department.
Sec. 18-33-6. Exemptions. The following uses and
activities shall be exempt from noise level regulations:
(a) Noise of safety signals, warning devices and emergency
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pressure relief valves.
(b) Noise resulting from any authorized emergency vehicle
when responding to an emergency call or acting in time of
emergency.
(c) Noise resulting from emergency work as determined by
the director of the City-County Board of Health or said
director's designee.
(d) Noise resulting from lawful fireworks and noise-makers
used for celebration of an official holiday.
(e) Any noise resulting from activities of temporary
duration permitted by law for which a license or permit has been
approved by the Director of the Salt Lake City-County Health
Department in accordance with Section 7 herein.
Sec. 18-33-7. Permit. Applications for a permit for relief
from the noise restrictions in these ordinances on the basis of
undue hardship may be made to the Salt Lake City-County Health
Department. Any permit granted by the Director of the Salt Lake
City-County Health Department or his authorized representative
shall contain all conditions upon which said permit has been
granted, including but not limited to the effective dates, any
time of day, location, sound pressure level, or equipment
limitation. The relief requested may be granted upon good and
sufficient showing:
(a) That additional time is necessary for the applicant to
alter or modify his activity or operation to comply with this
ordinance; or
(b) That the activity, operation, or noise source will be
of temporary duration and cannot be done in a manner that would
comply with this ordinance; and
(c) That no reasonable alternative is available to the
applicant.
The Director of Health may prescribe any reasonable
conditions or requirements deemed necessary to minimize adverse
effects upon a community or the surrounding neighborhood.
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Sec. 18-33-8. Enforcement responsibility. The Salt Lake
City-County Health Department shall have primary, but not
exclusive, enforcement responsibility for this ordinance as it
relates to stationary sources, and joint enforcement
responsibility with appropriate law enforcement agencies as it
relates to vehicular sources.
Sec. 18-33-9. Violation. Any person violating any
provision of this ordinance shall be guilty of a Class B
misdemeanor and may be punished by a fine of not more than $299
or by imprisonment not to exceed six months, or by both such fine
and imprisonment. Each day such violation is committed or
permitted to continue shall constitute a separate offense and
shall be punishable as such.
Sec. 18-33-10. Additional remedies. Violations of sections
3 through 9 of this ordinance are deemed and declared to be a
nuisance, and as such may be subject to summary abatement by
means of a restraining order or injunction issued by a court of
competent jurisdiction.
I1
Sec. 18-33-10. Severability. If any provision, clause,
sentence or paragraph of this ordinance or the application
thereof to any person or circumstance shall be held to be
invalid, such invalidity shall not affect the other provisions or
applications of this ordinance which can be given effect
independent from the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to
be severable.
SECTION 3. This Ordinance shall take effect upon its first
publicaton.
Passed by the City Council of Salt Lake City, Utah,
this 16th day of June , 1981.
VI HAIRMAN LC/
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ATTEST:
GG/EA.v /i!GC%1%t.l
CI Y RECWRDER
Transmitted to the Mayor on June 18, 1981
Mayor's action
ATTEST:
CORE
(SEAL)
BILL 45 of 1981
Published June 27, 1981
—15—
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
Shana D. Conaty
. Being first duly sworn,deposes and says that he is legal
advertising clerk of the DESERET NEWS, a daily
(except Sunday) newspaper printed in the English
language with general circulation in Utah, and
published in Salt Lake City, Salt Lake County, in the
State of Utah.
That the legal notice of which a copy is attached hereto
Pub notice of Ordinance #45 of 1981
was published in said newspaper on June 27, 1981
D0 a
Legal Advertik
g-Clerk
Subscribed and sworn to before me this $th day of
July A.D. 19
Notary Public
My Commission Expires
Feb. 11, 1982
M
SALT LAKE CITY ORMEA fI CE animal0 n 1s which,by frequent habitual k S ,L KE City-County H a Rh S t , t -I en
No.AS of 1981 y violates sectiond I disturbance ba Thepro- nor Sent' shall t all conditions m on sonAn 5piri
(Noise Control) visions f this section shall apply to ati p p
and i ha- - granted. tl i g but t II ted 10 the1•
AN ORDINANCE REPEALING I 32,CHAPTER 9, facilities,including any animal pounds,which hold Or treat
t fective.d' ny tinte of day,location,sound oicssure
SECTIONS I THROUGH 14,OF THE ISEO OROINANC• animals, r mean sufficient The toilet requeslM may be granted
ES OF SALT LAKE CITY, UTAH, uoS, AS AMENDED, (6) Loading operation. Loading,unloading,opening or ups )Thatd a..addtgal h showing'
5 necessary
ENTITLED NOISE CONTROL",AND ENACTING A NEW otherwise handling boxes,crates,containers,garbage contain (al atltlltl act nme Is operationfar the applicant to
ORDINANCE, TITLE 18, CHAPTER 33, SECTIONS 1 ersor other obleets between the hours of 9 p.m.and 7 a.m,the alter or modify his activity or Operation to comply rvth opts
THROUGH 11,INCLUSIVE,ENTITLED"NOISE CONTROL" olowing day or,helveen the hours of 9 p.m.and 9 a.m.when ordinance;or
WHICH RELATES TO DEFINITIONS AND STANDARDS, the following day Is a Sunday or legal holiday,In such a temporary That ere+nand,cannotlgn,or neisi source will be of
PROHIBITIONS,EXEMPTIONS,PERMITS,AND RELATED manner as to violate section 4 or cause a noise disturbance. em cory duration and cannot a0 done Ina manner that
MATTERS. ()as
work.Operating,or causing to be uSed or would Thdt no r rteasonable alternative
and
SECTION 1.That Title 37,Chapter 9,Sections I through 14 rated,any equipment used in construction,repair, Iter. (ns That no reasonable Is available to the ap-
of the Revised Ordinances 01 Salt Lake City,Utah,1965,as otien or demolition work on ebuildings,structures,streets,al- puce, ea
amended,Is hereby repealed,In its entirety. Ievs,Or appurtenances thereto: The s or Director Or Healthte prescribe any reasonable ;;;
SECTION o A n Title 18,Chapter 33,Sections I through In residential o commercial land Srudistricts be- reverse effects upoin¢a cotmmunity or the surroundinol nieich•
I1,Inclusive,entitled"Noise Control",is hereby enacted as Iween the hours of 9 p.m.and 7 a.m.the following day or, boyhood.
follows: between the hours of 9 p.m.end 9 a.m when the following dy Sec.18-33-8, Enforcement responsibility.The Salt Lake
Chapter 33 Sunday or legal holiday; b.In any lend it.limits
dIser Rt City C0unI Health Department shall have primary,but not
NOISE CONTROL there h operation coeds the second level limits for an a luslve.enforcement responsibility for this ordinance as it
Sections: where
l0land use as set forth In section A, elates to stationary sources,and lot enforcement reseonsl-
• IB-33-1.Declaration of policy. (el atemeetic power equipment.°oomph.orpermlOr l to bilily with appropriate law enforcement agencies as It relates
18-33-2.Definitions and standards, • be operated any po a qg ant rated 5 horscrosver or less to vehicular sourcs.
18-33-3.Noises prohibited. used for home or building prepair or grounds maintenance, Sec.18-33-9.Violation.Any person violating any provision
18.33.4.Use district noise levels. luding,but not limited to power sew,sander,lawn mower, of this ordinance shall beguiltn of a Class B misdemeanor and
18.33-5.Sound level measurement, Incyaaden equippment on°rim°removal equipment,in resldenlial mayy be punished by a flee of not more than 5299 or by fine
aris-
18.33-6.Exemptions or comm Iai zones: content of to exceed six months,ur by both h fine and
18-33-7.Permit. Outdoors between the hours of 9 P.M.and 7 a.m.the imprisonment.Ech day suchviolation is committed or perinit-
18.33-8.Enforcement responsibility. il Owing day Or,between the hours of 9 p.m.and 9 a.m.when o cotnue shall constitute a separate offense and shall be
18-33.9.Violation, Inc following day is a Sunday or legal holiday; punhable as such
18.33.10.Additional remedies, b Any such power equipment which emits a sound ores- punishable
e-33-1e.Additional remedies.Violations of sections 3
10.33-11,Severabllity, sure level in excess of 74 MVP.)measured at a distance of 50 through 9 of this ordinance are deemed and declared to be a
Sec.18.33-1,Declaration of vproMile,It I5 hereby declared to ee,(IS meters), and as such may be d.ubleci to summary abatement
be the policy of Sell Lake City to prohibit Ihp making,creation (9)Commercial power equipment.Operating or permit. be sate e's of slralNn Order or',ensue,Issue,by a
maintenance of excessive,un tt try,unnatural a ling to be operated,any power equipment,except construction court of e10 23 ant fur lsdictln,
or y loud noises which are prolonged,unusual or unnatural equipment used for construction activities,rated more than 5 rSec.18-33•10.Severabllity. If any ovision, louse,se
in their time,place and use and are a detrimeprosperity
t to the public horsepower,including but not limited to chain saws,pavement tense or paragraph nl}his ordinance or the aoDll lnuai Iherrrot
health,comfort,convenience,solely,welfare, r perity d breakers.log chipmrs,Powered hand tools: to any person or circumstance shall be held to be invalid,such
a and quiet of the residents of Sall Lke City a.in residential or commercial land districts be- Invalidity hall not affect the other provisions or applications
peace Sec, 18.33.2. Definitions and standards.All terminolorY lween the hours Of 9 p.m,and 7 a,m.the following day or Al this alidlnunvi which can be given effect independent from
used In this ordinance and not defined below hall be Inter Setween the hours of 9 pm.and 9 a.m.when the following day he invalid provision Sr application,and to this end the troy,
eted In conformance Publications,
with .towline American National a Sunday or legal betide, f this ordinance are hereby declared to be severable.
Standards Institute Publications,including but not limited t0 r- b.In any land use district II such equipment emits a Hens
3,This Ordinance shall take effect upon Its Prot
SI.1-1960.,R 1971,or those from Its successor publications or sound pressure level in excess of 82 dB(A)measured at a di, puhllcation.
bodies.For the purposes of this ordinance.Certain words and lance Of 50 feet(15 meters). PassSt by the City Council Of Salt Lake City,Utah,this
phrases used herein are defined as follows: (101 Enclosed places of public entertainment.Operating or 16fadayof June,1981.
(a)AmeceSnted sound pressure level:The sound Pressure permitting to be operated in any place of public entertainment
level s measured with a sound level meter using the A- any loudstedker or other source of sound which produces,at a EDWARD W.PARKER
weighting network.Te standard notation Is he nnor dBA, point that Is normally pied by a read
customer,maximum VICE CHAIRMAN
fool Ambient sound pressure level: The sound pressure and pressure levels of 100 dfl(A)as rea with the slaw re. ATTEST:
level f the all-encompassing noise ass fated with a given sound
on a sound level meter,unless a consplcueus and 1.1 KAl HRVN MARSHALL •
Io Irenment, uA w o composite of sounds from many wore- ble ion t least 225 square Inches In area Is posted near each CITY RECORDER
s,It is also the A-weighted sound pressure level exceeded 90 bile entrance staling:
shaant of the lime based on a measurement period soppy "WARNING: SOUND LEVELS MAY CAUSE HEARING Transmittetl to the Mayor on June I8,19e1
ll not be less than 10 minutes. IMPAIRMENT." This provision shall not be construed to Trans u coon
(c)Continuous sound:Any sound which exists,essentially alaow Inc operation of any loudspeker or Olhr'source e.sound
without interruption,for a period of 10 minutes or more. ins h a manner as to violate section 4 et this ordinance. TEU L.WIL.SON
fd)Cyclically varying noise:Anysound which varies in (I1)Fireworks or explosives.The use of explosives or fire- MAYOR
and level such that the same level Is tne repettvely at works,or the firing of guns or other explosive devices so as to ATTEST:
reasonably uniform intervals of time d be audible across a property boundary or on a public spaceor sure e)Decibel:Logarithmic and amplitude
legless unit e,meal section
f-way,without first Obtaining a permit as provided by KATHRYN MARSHALL
IsOften used In descr,bine the amplitude of sound.Decibel ectlon 7.This provision shall not be construed to permit con- CITY RECORDER
de oted at dB, duct prohibited by other statutes,ordinances or regulations (SEAL)
(I)Device:Any mechanism which Is intended to produce,w governing such acllvity. BILL 45 0,1981
or which actually produces,noise when Operated or handled, 7 Racing events.Permitting any motor vehicle racing published June 27,1981 C(g) Dynamic braking device(commonly referred to as event
1nt al any place in such a manner as to violate section 4 or -- S7-
Jacobs Drake):A device used primarily On trucks Inc the a Ise disturbance,without first obalning a permit as
to an• erairvcom the p compressor for the purposte not braking swlithout the provided by section 7.
use of wheel brakes. (13)Powered model mechanical devieea The flying al a
(h) Emergency k:Work made necessary to restore model aircraft powered Sc internal combustion engines,
work• erteuired dote protect person ons
an Im,rot rocket whether tethered
or othrt,or simIlahr folsepro or du Ingtidevices,be�
nent(ex osureEMer to blcle',A motor vehicle used in response eon the hours of 9 p.m and 7 a,m.the Ioll0wlng day or,
to a public Cotemdy er to protect persons or property from an Ise awSunday or legal hoeen the hourS of 9 liday.m.aor in sund 9 ch ah manner en the t as toivioatng e
imminent exposure to danger. s ectlon 4 or cause a noise disturbance.
ID Impulsive noise:A noise containing excuralons usually (14)Dynamic braking devices.(Commonly referred to as
less than one second,or Sound pressure level units the fast Jacobs Brake).Operating any motor vehicle with a dynamic
meter characteristic, braking device engaged except 10r the aversion Of Imminent
!k)Motor vehicle:Any vehicle which is self-propelled by danger
mechanical power, including but not limited to passenger (is)Defect in vehicle.Operating or permitting to be peer-
Iles,trucks,tr'uck.trallers,semi-trallers,campers,rrtototcv' aced o used anytruck, automobile,motorcycle,or other I
s,minibikes,gu•ceris,snowmobiles end racing vehicles. motor vecle wih,by virue of disrepair or manner of oar
iii Muffler:An apparatus consisting of a series of Cham- ation,violates section 4 or causes a noise disturbance.
hers Or baffle plates designed for the purpose of trnnsrnitting (16)Refuse compacting vehicles.The operating or causing )
gasesfru/Noise disturbance:Any s sound og from und whichhannorseorsdis- vr ehicle which createsDarun or Pressurenlev refuse cccco 0?74 i
turbo r unable persons with normal sensitivities, which vehicle
at 50 feet 115 meter soundrons the vehicle. in axes o
inlur sa orsni loty ot rs the comfort,repose,health,vhearino, (17)Garbage collection.The collection Of garbage,waste
peactowing
In)Noise.Any Sputa which Is unwanted or which causes er refuse between the huhoms of 9.m. and%a.m.the n thefol-
r tends to causean adverse esychologicel orPhYslolog Leal sons. day or,between the hours of 9 olde arid 9 a.rn.when the fol-
lowing any Is l S rem
r nl Meal holiday:HfeGl on human nn l nlna.s, r.In yy ea residential,or v fhln 70e!set of an anon
(o)Percentile A sound pressureIpttls rry evelh Patentee ones b.In nlnl; :
noise level-the 1 hernt ofgth d sound pressure level that Is period
h h,In any and use district so as to cause a noise dlslur- j
ceeded 10 a level that
the time d anymeasurement ryte hence,
erio as the level teal Is exceeded for 1 inute na 10 minute 1 ltr Standing motor vehicles.nThe chic a or an causing ry
period)Ninetieth
Is per a percentile
equilyrn nt toat acoperated any mach a man er any ou violate
:•
pressure leve1l thateIs exceededse 90 percenhe t 1 the,timed in any section 4 o oauno du thereto iu such mann
er as a violate
•
enl period(such es the levet that Is exceeded for any section A on cause a nesidu disturbance for a vehicle
a is perirly
lnnarr residential
15 minutes during which such vehicle I5 stationery
minutesmeasurement period
a 10 minute
humranndbeing,and ls firrm,vassnociation,oroani7a- Ina 191 Quiet zones,Creation noise in excess of the reside,
lion,partnership,business,trust,corporation,company,con- ,lal standard as defined In section 4 within the vicinity of any
tractor,
'Temkint supplier,
Installer,
user ,owner or
rice.,ore erarsto including stool,hospital,institution of leering,court,or other designs,.;
anyNO Plainly audible noise:Any noise for which the InfO, id in use,Where
conspicuous
onspial cuoutslsigns ore displayedrinaIra I
▪Cation content of that noise is biguously transferred to streets indicating that the same Inaanuiet zone.
• Icon isttener,suchp as but ashbutinonot
if wile to understanding Is raised
se,
sou.
(20)Bells and alarms.Sounding,operating or permitting
w sal,or comerehension of of
rhyter hms. r ,0 sp yr r operate bell,hhime oor d pIifiednula tgnal b t cot
om i
n Y burglar perm, nchime clock,including but I
(n)Property boundary.An imaginary line exteriorto any limited to bells,chimes or clocks or
schools,houses Of rei1-
enlased structure,at the ground surface,and Its relate pious worship or governmental buildings,which falls to meet•
xtension,which separates the real property owned bV one the standards set forth In section 41or more than 5 minutes In'
Person fro that owned by another person. any hour,
hl9h((s) Public 11alyhtof.Imeer Any
s street,et venue,boulevard, (21) Fixed sirens,whistleb and hems.The sounding or
causingor or the sounding of any Malslle,harm or siren as a signal
trolled by a nubile governmental entity. or can- nr commencing or suspending work,or for any other purpose
(O Pure lane'Any sound which can be distinctly heard as opt as s d signal Pb Imminent denser,In such a ma,
single pitaa o a set f single pitches,For the s of n violate sucion 4 or cause a noise disturbance.
u ement,a pure tone shall exist of the onr'thlyd octave yr 122)Recreational vehicles and snowmobiles,
n edsound assure level in the bnd when the tone exceeds a.Oceraeln0 teen tonal vehicle or sn polio in a
COnthe erlihmettc avereee of the sous pressure levels of Me two ma etch vloaiee section 4 or ecreas o noise aleeurrxance, I
tlououe one-third octave hands by 5 d8 toe frequencies of nob.Selling Or operating any recreational vehicle or snow-
500 H 2 and above,by 8 ae for}rewaencies between I60 end mobile,manufactured after 1977,In Salt Lake City unless such