(a)   It is unlawful for any person to make, continue or allow to be made or continued, any excessive, unnecessary, unusual or loud noise which creates a nuisance or injures or endangers the comfort, repose, health or safety of others, or which interferes with the use or enjoyment of property of any person of reasonable sensibilities residing in or occupying the area unless the making and continuing of such noise is necessary for the protection and preservation of property or the health and safety of some individual.

(b)   The following acts, which enumeration shall not be deemed to be exclusive, are hereby declared to be noise nuisances in violation of this section and are unlawful:

(1)   The playing or permitting or causing the playing of any radio, radio receiving set, television, phonograph, “boom box,” loudspeaker, drum, juke box, nickelodeon, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound when done in such a manner or with such volume, intensity or with continued duration so as to annoy, to distress or to disturb the quiet, comfort or repose of any person of reasonable sensibilities within the vicinity or hearing thereof. This subsection shall not apply to persons who have written authorization for an event which includes use of such a device, or to the police or public authorities who are using such a device in the performance of their duties.

(2)   Exhaust of Steam Engines, Etc. The discharge into the open air of the exhaust of any stationary steam engine, internal combustion engine, noise creating blower or power fans, or devices operated by compressed air, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(3)   Motor Vehicles. The use of any motor vehicle, motorcycle, bus or other vehicle so out of repair or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise which shall annoy, distress or disturb the quiet, comfort or repose of any person of reasonable sensibilities within the vicinity.

(4)   Construction. The erection, including construction, excavation, demolition, alteration or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools, or equipment used in construction, excavation, drilling, demolition, alteration or repair work:

(A)  Other than between the hours of six a.m. and ten p.m.;

(B)  This subsection shall not apply in cases of extreme and urgent necessity in the interest of public safety and convenience, and then only by permit obtained from and issued by the director of public works, or any of the director’s duly appointed assistants.

(c)   It shall be a defense to charges filed pursuant to subsection (a) that such noise levels did not exceed those set forth in Sections 11-403. It shall be the burden of the individual charged to present evidence of decibel readings obtained from properly calibrated testing equipment operated by an individual trained to operate such equipment. Such evidence shall be submitted to the city attorney’s office no later than seven days prior to the trial date of any complaint. Failure to submit such evidence to the city attorney’s office will waive any such defense.

(Ord. 1072)

For the purposes of determining and classifying any noise from a fixed, stationary source as loud, unusual or unnecessary as declared to be unlawful and prohibited by subsection (a) of Section 11-403 herein, the following test measurements and requirements may be applied:

(a)   Noise occurring within the jurisdiction of the city shall be measured at a distance of at least twenty-five feet from a noise source if located within the public right-of-way, and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five feet from the property line of the property on which the noise source is located.

(b)

(1)   The noise shall be measured on the “A” weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

(2)   For purposes of this section, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour, or twenty-five miles per hour with a wind screen.

(3)   In all sound level measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(Ord. 1072)

(a)   A noise measured or registered as provided herein from any source not exempted by this section at a level which is equal to or in excess of the db(A) established for the time period and zones listed below or that exceeds the background level by five db(A), whichever is greater, is declared to be excessive, unusual, loud and unnecessary, for the purposes of Section 11-403:

Background level noise means noise from all sources other than that under specific consideration, including traffic operating on public thoroughfares, and is established by measuring the noise level over a fifteen-minute period of time.

(b)   For purposes of this section, the aforementioned zones shall be defined as follows:

(1)   “Residential” means an area of single or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple unit dwellings, apartment districts and redevelopment districts are located. “Residential” zone also includes educational facilities, hospitals, nursing homes and similar institutions.

(2)   “Commercial” means an area where offices, clinics and the facilities needed to serve them are located; an area with local shopping and service establishments located within walking distances of the residents served; a tourist-oriented area where hotels, motels and gasoline stations are located; a large integrated regional shopping center; a business trip along a main street containing offices, retail businesses and commercial enterprises; a central business district; or a commercially dominated area with multiple unit dwellings.

(3)   “Industrial” means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operation.

(4)   “Parks” means any public park, recreational facility or other property under the ownership, jurisdiction or control of the St. John-Hudson Recreation Commission, the City of St. John, or St. John-Hudson USD 350.

(5)   “Adjacent Zones” When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern.

(Ord. 1072)

The following activities, as long as they are conducted in daytime hours as a normal function of a permitted use and the equipment is maintained in proper working condition, are excepted from the provisions of this chapter:

(a)   Lawn maintenance;

(b)   Repair of personal use vehicles;

(c)   Home repair of place of residence.

(Ord. 1072)

(a)   In addition to all law enforcement officers, all individuals, as directed by the City Administrator from time-to-time and employed by the city shall have the power to enforce the provisions of this article.

(b)   Any person who violates any of the provisions of this section within the corporate limits of the city is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars or be imprisoned in jail for a period not to exceed six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. 1072)