Chapter 25 1/2  NOISE CONTROL*

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*Cross references: Sound trucks, § 3-38; amusements, ch. 6; animals and fowl, ch. 7; nuisances and offensive conditions, § 19-49 et seq.; motor vehicles, ch. 25; offenses, ch. 26; peddlers and vendors, ch. 29; traffic, ch. 40.

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Sec. 25 1/2-1.  Definitions and standards.

Sec. 25 1/2-2.  Noises prohibited.

Sec. 25 1/2-3.  Use district noise levels.

Sec. 25 1/2-4.  Sound level measurement.

Sec. 25 1/2-5.  Exemptions.

Sec. 25 1/2-6.  Permit.

Sec. 25 1/2-7.  Motor vehicle noise.

Sec. 25 1/2-8.  Enforcement responsibility.

Sec. 25 1/2-9.  Additional remedies.

Sec. 25 1/2-1.  Definitions and standards.

All terminology used in this chapter and not defined in this section shall be 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 chapter, certain words and phrases used in this chapter are defined as follows:

A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A) or dBA.

Ambient sound pressure level means 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 ten minutes.

Continuous sound means any sound which exists, essentially without interruption, for a period of ten minutes or more.

Cyclically varying noise means any sound which varies in sound level such that the same level is obtained repetitively at reasonably uniform intervals of time.

Decibel means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is denoted as "dB."

Device means any mechanism which is intended to produce, or which actually produces, noise when operated or handled.

Dynamic braking device (commonly referred to as Jacobs Brake) means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

Emergency vehicle means a motor vehicle used in response to any emergency or to protect persons or property from imminent exposure to danger.

Emergency work means 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.

Impulsive noise means a noise containing excursions usually less than one second, or sound pressure level using the fast meter characteristic.

Motor vehicle means any vehicle which is self-propelled by mechanical power, including but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, helicopters, motorcycles, minibikes, go-carts, snowmobiles and racing vehicles.

Muffler means 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.

Noise means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.

Noise disturbance means 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.

Percentile sound pressure level means either of the following:

(1)     Tenth percentile noise level means the A-weighted sound pressure level that is exceeded ten percent of the time in any measurement period (such as the level that is exceeded for one minute in a ten-minute period) and is denoted L₁₀.

(2)     Ninetieth percentile noise level means 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 nine minutes in a ten-minute period) and is denoted L₉₀.

Person means 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.

Plainly audible noise means 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.

Property boundary means any imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.

Public right-of-way means any street, avenue, boulevard, highway, or alley or similar place which is owned or controlled by a public governmental entity.

Pure tone means 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 levels of the two contiguous one-third octave bands by five dB for frequencies of 500 Hz and above, by eight dB for frequencies between 160 and 400 Hz, and by 15 dB for frequencies less than or equal to 125 Hz.

Receiving land use category means the principal use of the receiving property regardless of the zoning use established by city zoning ordinances.

Repetitive impulsive noise means any noise which is composed of impulsive noises that are repeated at sufficiently slow rates such that a sound level meter set at fast meter characteristic will show changes in sound pressure level greater than ten dB(A).

Sound means 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.

Sound level meter means an instrument, including a microphone, amplifier, RMS detector and integrator, 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 S1. 4-1971 or its successor publication.

Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space due to sound.

Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure, which shall be 20 micropascals, denoted LP or SPL.

Stationary noise source means any device, fixed or movable, which is located or used on property other than a public right-of-way.

Steady noise means a sound pressure level which remains essentially constant during the period of observation, i.e., does not vary more than six dB(A) when measured with the slow meter characteristic of a sound level meter.

Use district means those districts established by the city zoning ordinance.

(Ord. No. 72-78, § 1, 7-10-78; Ord. No. 22-86, §§ 1, 2, 3-31-86; Code 1972, § 9-1; Ord. No. 57-98, § 1, 6-15-98)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 25 1/2-2.  Noises prohibited.

(a)     General prohibitions. In addition to the specific prohibitions outlined in subsection (b) of this section and sections 25 1/2-3 and 25 1/2-9 of this chapter, it shall be unlawful for any person to make, continue, or cause to be made or continued any noise disturbance within the limits of the city.

(b)     Specific prohibitions. The following acts are declared to be in violation of this chapter:

(1)     Horns and signaling devices. Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the county or any city therein except as a danger warning signal or the sounding of any such signaling device for an unnecessary and 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 subsection (b)(3) of this section, in such a manner as to violate section 25 1/2-3 or cause a noise disturbance.

b.     The operating of any such device between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from such device when operated within a vehicle parked on a public right-of-way or plainly audible at 100 feet from such device when operated within a moving vehicle.

(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 25 1/2-3 or cause a noise disturbance unless a permit as provided by section 25 1/2-6 is first obtained.

(4)     Hawkers and peddlers. Selling anything by outcry within any area of the city therein zoned primarily for residential uses in such a manner as to violate section 25 1/2-3 or cause a noise disturbance. The provisions of this subsection 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, or occasional sale of property by public auction.

(5)     Loading operation. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects between the hours of 10:00 p.m. and 6:00 a.m. the following day in such a manner as to violate section 25 1/2-3 or cause a noise disturbance.

(6)     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 in:

a.     Residential or commercial land use districts between the hours of 10:00 p.m. and 6:00 a.m. the following day.

b.     Any land use districts where such operation exceeds the sound level limits for an industrial land use as set forth in section 25 1/2-3.

(7)     Domestic power equipment. Operating or permitting to be operated any power equipment rated five horsepower or less used for home or building repair or grounds maintenance, including, but not limited to a power saw, sander, lawn mower, or garden equipment, in residential or commercial zones:

a.     Outdoors between the hours of 10:00 p.m. and 6:00 a.m. the following day.

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).

(8)     Commercial power equipment. Operating or permitting to be operated any power equipment, except construction equipment used for construction activities, rated more than five horsepower, including but not limited to chain saws, pavement breakers, log chippers, or powered hand tools in:

a.     Residential or commercial land use districts between the hours of 10:00 p.m. and 6:00 a.m. the following day.

b.     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).

(9)     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 subsection shall not be construed to allow the operation of any loudspeaker or other source of sound in such a manner as to violate section 25 1/2-3 of this chapter.

(10)     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 25 1/2-6. This subsection shall not be construed to permit conduct prohibited by other statutes, ordinances or regulations governing such activity.

(11)     Racing events. Permitting any motor vehicle racing event at any place in such a manner as to violate section 25 1/2-3 or cause a noise disturbance, without first obtaining a permit as provided by section 25 1/2-6.

(12)     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 10:00 p.m. and 6:00 a.m. the following day; or in such a manner as to violate section 25 1/2-3 or cause a noise disturbance.

(13)     Dynamic braking devices. Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger.

(14)     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 25 1/2-3 or causes a noise disturbance.

(15)     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.

(16)     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 25 1/2-3 or cause a noise disturbance for a consecutive period longer than 15 minutes during which such vehicle is stationary in a residential zone.

(17)     Noise sensitive zones. Creating noise in excess of the standards as defined in section 25 1/2-3 within the vicinity of any school, hospital, institution of learning, court, or other designated area where exceptional quiet is necessary, while the school, hospital, institution, court or other area is in use.

(18)     Bells and alarms. Sounding, operating or permitting to sound or operate an electronically amplified signal from any 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 25 1/2-3.

(19)     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 25 1/2-3 or cause a noise disturbance.

(20)     Recreational vehicles and snowmobiles. Operating a recreational vehicle or snowmobile in a manner which violates section 25 1/2-3 or causes a noise disturbance.

(Ord. No. 72-78, § 1, 7-10-78; Ord. No. 85-78, §§ 1, 3, 8-21-78; Code 1972, § 9-2; Ord. No. 84-94, § 1, 9-19-94; Ord. No. 57-98, § 2, 6-15-98)

Sec. 25 1/2-3.  Use district noise levels.

(a)     Maximum permissible sound levels. It shall be unlawful for any person to operate or permit to be operated any stationary source of sound in such a manner as to create a 90th percentile sound pressure level (L₉₀) of any measurement period (which shall not be less than ten minutes unless otherwise provided in this chapter) 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:

Normal Sound

Impulsive Sound

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 chapter 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) of 15 dB(A) greater than the levels set forth for the receiving land use districts in subsection (a) of this section for any measurement period. Such period shall not be less than ten minutes.

(2)     Notwithstanding subsection (b)(1) of this section, it shall be unlawful 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 sound pressure level (L₉₀) of any measurement period. Such period shall not be less than ten 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) of this section shall be reduced by five dB(A).

(2)     Notwithstanding compliance with subsection (c)(1) of this section, it shall be unlawful 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.

(Ord. No. 72-78, § 1, 7-10-78; Code 1972, § 9-3; Ord. No. 57-98, § 3, 6-15-98)

Sec. 25 1/2-4.  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 health department.

(Ord. No. 72-78, § 1, 7-10-78; Code 1972, § 9-4)

Sec. 25 1/2-5.  Exemptions.

The following uses and activities shall be exempt from noise level regulations:

(1)     Noise of safety signals, warning devices and emergency pressure relief valves.

(2)     Noise resulting from any authorized emergency vehicles when responding to an emergency call or acting in time of emergency.

(3)     Noise resulting from emergency work.

(4)     Noise resulting from lawful fireworks and noisemakers used for official purposes.

(5)     School outdoor concerts and music activities including marching band activities, sporting activities with musical components, art festivals, and student fund-raisers.

(6)     Religious organizations conducting worship services outdoors with musical components.

(7)     The City of Sioux Falls, including, but not limited to, parks and recreation unit sponsored activities with musical components.

(8)     Permits issued by the health director or his designated agent.

(Ord. No. 72-78, § 1, 7-10-78; Ord. No. 85-78, § 4, 8-21-78; Code 1972, § 9-5; Ord. No. 57-98, § 4, 6-15-98)

Sec. 25 1/2-6.  Permit.

(a)     Applications for a permit for relief from the noise restrictions in this chapter for an activity shall be made to the health director or his designated agent. Permits must comply with the following:

(1)     Application shall be made on a form provided by the health department.

(2)     Application shall be made at least two weeks prior to the date of the activity.

(3)     Payment of a fee of $50.00, except bona fide neighborhood block parties which shall be free.

(4)     No permit shall be issued for any activity conducted between the hours of 10:30 p.m. and 7:00 a.m. except permits may be issued in the Main Street Sioux Falls Business Improvement District between the hours of 7:00 a.m. and 11:30 p.m. on Fridays and Saturdays.

(5)     No permit shall be issued to exceed the sound level limits of section 25 1/2-3(a) by more than 10 db(A) and after 8:00 p.m. the maximum allowable sound limit for the remainder of the permit time may be increased by 5 db(A).

(6)     The permit may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the city or the surrounding neighborhood.

(7)     The health director or his designated agent may revise the conditions of any permit if atmospheric conditions, topography, or unanticipated acoustic reverberations increase sound levels at the receiving land.

(8)     The permit shall be posted at the activity.

(b)     Applications for a permit from the noise restrictions of this chapter on the basis of hardship for a temporary, ongoing, or continuous necessary business activity may be made to the health director or his designated agent. Permits shall comply with the following:

(1)     Application shall be made on a form provided by the health department.

(2)     Payment of a fee of $50.00.

(3)     No reasonable alternative is available to the applicant.

(4)     The permit may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the city or the surrounding neighborhood.

(5)     The health director or his designated agent may periodically review the permit and, if findings warrant, revise the terms and conditions of the permit or revoke the permit.

(c)     No permit shall be issued to any applicant or any activity convicted of a violation of this chapter in the previous year.

(Ord. No. 72-78, § 1, 7-10-78; Code 1972, § 9-6; Ord. No. 57-98, § 5, 6-15-98)

Sec. 25 1/2-7.  Motor vehicle noise.

(a)     No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane being monitored and at a height of at least four feet (1.2 meters) above the immediate surrounding surface.

(b)     This section shall apply to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control.

(c)     No person shall operate or cause to be operated any motor vehicle within the city unless the exhaust system of such vehicle is:

(1)     Free from defects which affect sound reduction;

(2)     Equipped with a muffler or other noise dissipative device; and

(3)     Not equipped with any cutout, bypass or similar device.

(Ord. No. 72-78, § 1, 7-10-78; Ord. No. 85-78, § 5, 8-21-78; Code 1972, § 9-7)

State law references: Motor vehicle noise, SDCL 32-15-11.

Sec. 25 1/2-8.  Enforcement responsibility.

The health department shall have primary, but not exclusive, enforcement responsibility for this chapter as it relates to stationary sources, and joint enforcement responsibility with appropriate law enforcement agencies as it relates to vehicular sources.

(Ord. No. 72-78, § 1, 7-10-78; Code 1972, § 9-8)

Cross references: Health and sanitation, ch. 19.

Sec. 25 1/2-9.  Additional remedies.

In addition to the imposition of other penalties, violations of sections 25 1/2-2 through 25 1/2-7 of this chapter 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.

(Ord. No. 72-78, § 1, 7-10-78; Code 1972, § 9-10)