90 of 1972 - Amending Title 32, by adding Chapter 9, establishing noise control policies. I1ULL L./ALL
VOTING Aye Nay Salt Lake City,Utah, August 16 ,19 72
: Tm5hh1
,% I move that the Osse
Harrison
Phillips
Result AN ORDINANCE
AN ORDINANCE AMENDING Title 32, of the Revised Ordinances of Salt
take City, Utah, 1965, relating to Public Offenses - Peace, Morals and
Conduct.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Title 32 of the Revised Ordinances of Salt Lake
City, Utah, 1965, is hereby amended by adding thereto a new Chapter 9,
relating to Noise Control, to read as follows:
CHAPTER 9
NOISE CONTROL
Sections:
32-9-1. Declaration of policy
32-9-2. Definitions
32-9-3. Noises prohibited - standard
32-9-4. Stationary machinery, equipment, fans, and
air conditioning aparatus
32-9-5. Equipment standards
32-9-6. Recreational vehicles
32-9-7. Sound level measurement
32-9-8. Enforcement responsibility
32-9-9. Exemptions
32-9-10. Public entertainment - enclosed
32-9-11. Application for special permit
32-9-12. Violation -penalty
32-9-13. Additional remedies. Injunctions
32-9-14. Severability
Sec. 32-9-1. 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 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. 32-9-2. Definitions.
(a) dB(A) level. "DBA level" shall mean the total sound
level of all noise as measured with a sound level meter using
the "A" weighing network. The unit is the decibel.
(b) Decibel. "Decibel" (dB) shall mean a logarithmic unit
of amplitude which denotes the ratio of two (2) quantities.
(c) Sound Pressure Level. "Sound Pressure Level" (SPL,Lp)
is expressed in decibels and shall be twenty (20) times the
90
logarithm to the base ten (10) of the ratio of the effective
sound pressure to the reference sound pressure. The effective
sound pressure shall be the root-mean-square of the instantan-
eous sound pressure. The reference pressure shall be 20 micro-
Neutons per meter squared.
(d) A Scale. The "A Scale" level (dB(A), (dBA) is expressed
in decibels and shall be the sound pressure level which is fre-
quency weighted in accordance with an A weighting network.
(e) Sound-level Meter. "Sound-level meter" shall mean an
instrument including a microphone, an amplifier, an output meter,
and frequency weighting networks for the treasure of noise and
sound pressure levels in a specified manner.
(f) Ambient Noise. "Ambient noise" shall mean the all en-
compassing general background noise associated with a given
environment, usually being a composite of sounds with many
sources near and far.
(g) Emergency Work. "Emergency work" shall mean 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.
(h) Person. "Person" shall mean a person, firm, association,
partnership, joint venture, corporation or an entity, public
or private in nature.
(i) Recreational Vehicle. "Recreational vehicle" shall
mean any snowmobile or all-terrain vehicle engaged in off-
highway recreational use.
(j) Use Districts. "Use district" shall mean those districts
established by the Salt Lake City zoning ordinances (Title 51),
Revised Ordinances of Salt Lake City, Utah, 1965, (as amended) .
Sec. 32-9-3. Noises prohibited - standard. The following
acts, among others, are declared to be in violation of this or-
dinance but such enumeration shall not be deemed to be exclusive.
The following enumerated acts shall not be construed as limiting
or precluding enforcement of any other provisions of this chapter.
(a) Horns, signalling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle,
bus or other vehicle on any street or public place of the city,
except as a danger warning, and the sounding of any such device
for an unnecessary and unreasonable period of time.
(b) Hawkers and peddlers. The sale by outcry within any
area of the city zoned for residential uses. The provisions of
this section shall not be construed to prohibit the selling by
outcry of merchandise, food and beverages at licensed sporting
events, parades, fairs, circuses, and other similar licensed
public entertainment events, nor to prohibit the selling of news-
papers by outcry.
(c) Animals and fowl. The keeping of, upon any premises,
owned, occupied or controlled by any person, any animal or fowl
otherwise permitted to be kept which, by any sound or cry,
shall cause annoyance or discomfort to a reasonable person of
normal sensibilities.
(d) Steam or air whistles. The blowing within the city
limits of any whistle as a signal for commencing or suspending
work, or for any other purpose. The section shall not be con-
strued as forbidding the use of steam or air whistles as alarm
signals in case of fire, collisions or other imminent danger.
(e) Loading, unloading, opening boxes. The creation of a
loud and excessive noise in connection with loading or unloading
90
any vehicle or the opening and destruction of bales, boxes,
crates and containers.
(f) Schools, courts, churches, hospitals. The creation of
a loud and excessive noise on any street adjacent to any school,
institution of learning, church or court while the same are in
use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution, of which disturbs or
unduly annoys patients in the hospital.
(g) Construction or repair of building. The erection,
(including excavation), demolition, alteration or repair of
any building other than between the hours of 7 A.M. and 9:30
P.M., of any day, except in case of urgent necessity in the
interest of public health and safety, and then only with per-
mission of the board of commissioners.
(h) Pile drivers, hammers, etc. The operation between the
hours of 6 P.M. and 8 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, power hoist or other construction
equipment, and then only when equipped with an effective muf-
fling device.
(i) Garbage collection. The collection of garbage, waste
or refuse by any person in any area zoned residential except
between the hours of 7:00 A.M. and 9:00 P.M. of any day and then
only in a manner so as not to create a loud or excessive noise.
(j) Vehicle repairs. The repair or rebuilding of any motor
vehicle within any residential area of the city between the hours
of 9 P.M. and 7 A.M. in such a manner that a reasonable person of
normal sensitivities residing in the area is caused discomfort or
annoyance.
(k) Exhausts. The discharge into the open air of the ex-
haust of any steam engine, internal combustion engine, motor
boat, or motor vehicle or discharge of air or other gases ex-
cept through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(1) Unlawful use of buildings. No person owning, or in
possession or control of any building or premises, shall use
the same, permit the use of the same, or rent the same to be
used for any business or employment or residential use, or for
any purpose of pleasure or recreation, if such use shall, by
the noise generated therefrom, disturb or interfere with the
peace of the neighborhood in which such building or premises
is situated.
(m) Loud, unnecessary or unusual noise. Notwithstanding
any other provision of this chapter, and in addition thereto,
it shall be unlawful for any person to wilfully make or con-
tinue, or cause to be made or continued, any loud, unnecessary,
or unusual noise which disturbs the peace or quiet of any
neighborhood or which causes discomfort or annoyance to any
reasonable person of normal sensitivities residing in the area.
(n) Engine brakes. The use of a "Jacobs brake" or any
engine brake within the city limits unless used for the mani-
fest purpose for which it is intended.
(o) Restrictions regarding the mechanical amplification
of sound shall be governed by Chapter 31 of Title 20 of these
ordinances.
(p) Maximum noise level in use district. It shall be un-
lawful to project a sound or noise, excluding noise emanating
from motor vehicles on a street or highway and railroad rolling
stock, from one property to another within the boundary of a use
district which exceeds the maximum noise levels set forth below in
Table 1 measured at the contiguous owners property line; or in
multiple dwelling units, from the adjoining unit.
TABLE I
Maximum
Zone Time Noise Levels
R-1, R-2, R-2A 10 P.M. to 7 A.M. 55
R-4 7 P.M. to 10 P.M. 60
7 A.M. to 7 P.M. 65
R-5, R-6, R-7, T 10 P.M. to 7 A.M. 60
R-D, B-3, A-1 7 A.M. to 10 P.M. 65
C-1, C-2, C-3 10 P.M. to 7. A.M. 65
C-3A, C-4 7 A.M. to 10 P.M. 70
M-1, M-lA, M-2 Any time 75
M-3 Any time 80
Sound or noise projecting from one district into another use
district with a different noise limit, shall not exceed the
limits of the district into which the noise is projected.
Sec. 32-9-4. Stationary machinery, equipment, fans, and
air conditioning apparatus. It shall be unlawful for any person
to operate any immobile machinery, equipment, pump, fan, air
conditioning apparatus, or similar mechanical device in any
manner so as to create any noise which would cause the noise
level at any portion of the property line of any property to
exceed the maximum noise levels in the use zones described above.
Provided that this section shall not apply to temporarily placed
equipment which shall be subject to the manufacturing standards
outlined in the following section.
Sec. 32-9-5. Equipment standards. No person shall sell or
lease, or offer for sale or lease, any of the following equip-
ment intended for use in Salt Lake City that produces a maximum
noise level exceeding the following noise limits at a distance of
50 feet under test procedures as established by Section 32-9-7.
TABLE II
Type of Equipment Noise Limit
(1) Construction or industrial machinery
such as crawler-tractors, dozers,
rotary drills and augers, loaders,
power shovels, cranes, derricks,
motor graders, paving machines, off-
highway trucks, ditchers, trenchers,
compactors, scrapers, wagons, pave-
ment breakers, compressors, and
pneumatic powered equipment, etc.,
but not including pile drivers
Manufactured after 1 Jan. 1973 94 dB(A)
Manufactured after 1 Jan. 1974 88 dB(A)
Manufactured after 1 Jan. 1975 86 dB(A)
Manufactured after 1 Jan. 1980 80 dB(A)
(2) Agricultural tractors and equipment
Manufactured after 1 Jan. 1973 88 dB(A)
Manufactured after 1 Jan. 1975 86 dB(A)
Manufactured after 1 Jan. 1980 80 dB(A)
(3) Powered commercial equipment of 20 HP
or less intended for infrequent use in
a residential area, such as chain saws,
pavement breakers, log chippers,
powered hand tools, etc.
90
Manufactured after 1 Jan. 1973 88 dB(A)
Manufactured after 1 Jan. 1974 84 dB(A)
Manufactured after 1 Jan. 1980 80 dB(A)
(4) Powered equipment intended for
repetitive use in residential
areas. Such equipment includes
lawn mowers, small lawn and gar-
den tools, riding tractors, snow
removal equipment
Manufactured after 1 Jan. 1973 74 dB(A)
Manufactured after 1 Jan. 1975 70 dB(A)
Manufactured after 1 Jan. 1978 65 dB(A)
(a) Provided that any person using such equipment which
exceeds the noise level standards outlined above, shall
only use said equipment between the hours of 8:00 A.M.
and 6:00 P.M. of any day, and provided further that any
person using equipment indicated in subsection (4) of
this section 32-9-5, in any area zoned residential, shall
use such equipment only between the hours of 8:00 A.M.
and 9:00 P.M. of any one day, and between such hours may
exceed the maximum noise levels set forth in Section
32-9-3(p) by no more than 10 dB(A), but then only for a
period not to exceed 15 minutes of any one hour period.
(b) Subject to the provisions of subsection (a) of this
section, any equipment which is the subject of regulation
as provided in this section and which is manufactured prior
to Jan. 1, 1974, may be exempted from the noise levels
specified herein provided a good and sufficient showing
can be made that as the machinery exists it is impossible
without major reconstruction to modify such equipment so
as to be in compliance.
A written statement from the manufacturer indicating
that such a condition exists must be presented to the Board
of Commissioners or their authorized representative before
an exemption will be granted. Such statement shall be
buttressed by a written statement from the manufacturer's
representative that such equipment is equipped in all other
respects so as to minimize to the maximum degree possible
the objectional noise.
Said exemption may be granted if a showing is made as
above provided, and provided further that the noise thus
emitted is not of such a nature as to require its total
prohibition.
Sec. 32-9-6. Recreational vehicles. No recreational vehicle
shall be operated within the city which makes unusual or excessive
noise or which emits obnoxious fumes. Any such vehicle which pro-
duces a maximum sound of eighty-two (82) decibels or more at fifty
feet, shall be deemed to make an unusual or excessive noise.
On or after January 1, 1973, no new snow mobile shall be sold
in the city for use in Salt Lake City unless such vehicle is
certified by the manufacturer as being able to conform with the
sound level limitation as set out above.
Sec. 32-9-7. Sound level measurement. Sound level measure-
ment shall be made with a sound level meter using the "A" weight-
ing scale in accordance with those standards promulgated by the
American National Standards Institute or with any other procedures
adopted and tested by the city departments charged with enforcing
this chapter.
Sec. 32-9-8. Enforcement responsibility. The Salt Lake City
Police Department and the Salt Lake City - County Health Department
shall enforce the provisions of this chapter. Said departments
shall be equipped with appropriate calibrated sound level meters
90
as provided in Section 32-9-7 for the purpose of enforcing this
chapter.
Sec. 32-9-9. Exemptions. The following uses and activities
shall be exempt from noise level regulations:
(a) Noise of Safety signals, warning devices, and
emergency 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.
(d) Noise resulting from lawful fireworks and noise-
makers used to celebrate Independence Day, Pioneer
Day, New Year's Day or any other holiday approved
for celebration by the Board of City Commissioners.
(e) Any noise resulting from activities of temporary
duration permitted by law and for which a license
or permit therefor has been granted by the City
in accordance with Section 32-9-11 of this chapter.
Sec. 32-9-10. Public entertainment - enclosed. The Salt Lake
City - County Health Department shall promulgate noise level
standards for places of public entertainment to protect the hear-
ing of those attending. The following standards shall be in
effect unless modified by said Health Department:
(a) It shall be unlawful to sustain in any enclosed
place of public entertainment including, but not
limited to, a restaurant, bar, cafe, discotheque,
dance hall, any amplitude equal to or in excess of
95 dB(A) for more than thirty (30) seconds.
(b) Measurement of noise. Such sound or noise is to
be measured by a Sound Level Meter from any area
to which the public is invited within any enclosed
place of public entertainment.
Sec. 32-9-11. Application for Special Permit. Applications
for a permit for relief from the noise restrictions designated in
these ordinances on the basis of undue hardship may be made to
the City Commission or their authorized representative. Any per-
mit granted by the City Commission or their authorized representa-
tive shall contain all conditions upon which said permit has been
granted and shall specify a reasonable time that the permit shall
be effective. The relief requested may be granted upon good and
sufficient showing:
(a) That additional time is necessary for the appli-
cant to alter or modify his activity or operation
to comply with this ordinance; or
(b) The activity, operation or noise source will be of
temporary duration, and cannot be done in a manner
that would comply with sections of this chapter, or
(c) That no other reasonable alternative is available
to the applicant; and
(d) Reasonable conditions or requirements may be pre-
scribed when deemed necessary to minimize adverse
effects upon the community, the surrounding neigh-
borhood, or the public in the case of public
entertainment.
Sec. 32-9-12. Violation - penalty. Any person violating
any of the provisions of this ordinance shall be deemed guilty
90
of a misdemeanor and upon conviction thereof shall be fined in
an amount not exceeding $299.00 or be imprisoned in the City -
County Jail for a period not exceeding six (6) 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 hereunder.
Sec. 32-9-13. Additional remedies. Injunctions. As an
additional remedy, if the operation or maintenance of any device,
instrument, vehicle or machinery in violation of any provision of
this chapter shall be deemed, and is declared to be, a public
nuisance the same may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent
jurisdiction.
Sec. 32-9-14. Severability. If any provision, clause, sen-
tence or paragraph of this chapter or the application thereof to
any person or circumstances, shall be held to be invalid, such
invalidity shall not affect the other provisions or applications
of this chapter which can be given effect without the invalid
provisions or application and, to this end, the provisions of
this chapter are hereby declared to be severable.
SECTION 2. In the opinion of the Board of Commissioners it is
necessary to the peace, health, safety and welfare of the inhabitants
of. Salt Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
'this 16th day of August , 1972.
Nit
-AR
AIU '
City
ordet0
(SEAL)
BILL NO. 90 of 1972
Published August 25, 1972
90
ADM•00A
Affidavit of Publication
STATE OF UTAH,
se.
County of Salt.Lake
Betty FheJ.ps.
Being first duly sworn,deposes and says that he is legal adver-
tising clerk of the DESERET NEWS,a daily (except Sunday)
• newspaper printed in the English language with general cir-
culation 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
_An Dra.o nae_mela-tirig_to.Alb1io.Dffenses-.Eeaoe-r--
Morals and Ds:Taxt._Ri 11 No.-90--of.1972.
was published in said newspaper on
-A.ngast 254_19_2-
Legal Ad rtising Clerk
• Subscribed and sworn to before me this 25th. day of
• August A.D. 19___72.
Notary Public
M`Y Commission Expires
February 12, 1974
90