CHAPTER 12-08
NOISE VIOLATIONS SECTIONS:
12-0801. Definitions.
12-0802. Unnecessary Noise Prohibited.
12-0803. Unlawful Noise - Determination.
12-0804. Motorized Vehicles.
12-0806. Aircraft.
12-0807. Exemptions.
12-0808. Application for Special Permit.
12-0809. Enforcement.
12-0809. Penalty.
12-0810. Severability.
12-0811. Regulation of Fireworks Within Corporate Limits.
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12-0801. DEFINITIONS. For purposes of this chapter certain words and phrases used herein are defined as follows:
1. "Ambient noise" is the all-encompassing noise associated with a given environment, being usually composite of sounds from many sources, near and far.
2. "'A' band level" is the total sound level of all noise as measured with a sound level meter using the "A" weighing network. The unit measurement is the dB(A). "dB" is the abbreviation for the decibel. "dB(A)" is a weighted decibel which closely approximates the human ear response to sound.
3. "Bel" is the common logarithmic value of any sound intensity as related to the standard threshold of audibility (minimum detectable sound 10-12 watts per square meter).
4. "Decibel" is one-tenth (1/10) of a bel as measured on the "A" scale of a standard sound meter.
5. "Cycle" is the complete sequence of value of a periodic quantity that occur during a period.
6. "Frequency" of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified.
7. "Sound-level meter" is an instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound levels in a specified manner.
8. "Person" is a person, person's firm, association, co-partnership, joint venture, corporation or any entity public or private in nature.
9. "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.
10. "Emergency vehicles" are those vehicles such as ambulance, fire, police, and other city vehicles operating in time of emergency.
12-0802. UNNECESSARY NOISE PROHIBITED. It shall be unlawful for any person to make any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the City of Harwood.
12-0803. UNLAWFUL NOISE - DETERMINATION. The standards which shall be considered in determining whether a violation of Section 12-0802 exists shall include, but shall not be limited, to
the following:
1. The volume of the noise.
2. The intensity of the noise.
3. Whether the nature of the noise is usual or unusual.
4. Whether the origin of the noise is natural or unnatural.
5. The volume and intensity of the background noise, if any. 12-0804. MOTORIZED VEHICLES. It shall be unlawful to operate a motorized vehicle within the city limits which creates a noise or
sound which exceeds the noise level limits set out in Table 1, as follows:
12-0804. MOTORIZED VEHICLES. It shall be unlawful to operate a motorized vehicle within city limits that creates a noise or sound which exceeds the noise level limits set out in Table 1, as follows:
Table 1. LIMITING NOISE LEVELS FOR MOTOR VEHICLES
1. Trucks, buses, construction equipment, or any motor vehicle with a gross weight rating of ten thousand (10,000) pounds or more: Maximum allowable limit: 88 dB(A) measured at or corrected to 25 feet.
2. Passenger cars, pickups, vans, motorcycles, snowmobiles, or any motor vehicle with a gross weight rating less than ten thousand (10,000) pounds: Maximum allowable limit: 80 dB(A) measured at or corrected to 25 feet.
3. Interstate Motor Carrier: Maximum allowable limit:
a. 92 dB(A) measured at or corrected to 25 feet when traveling on roadways with speed limits of 35 mph or less.
b. 92 dB(A) measured at or corrected to 25 feet when traveling on roadways with speed limits of more than 35 mph.
12-0805. AIRCRAFT. It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding eighty-eight (88) dB(A)
within the city.
12-0806. EXEMPTIONS. The following uses and activities shall be exempt from noise level regulations:
1. Noises of safety signals, warning devices, and emergency relief valves.
2. Noises resulting from any authorized emergency vehicles, when responding to an emergency call or acting in time of emergency.
3. Noises resulting from emergency work as defined in Section 12-0801.9.
4. Any construction or maintenance activities at the construction or maintenance site.
5. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city in accordance with Section 12-0806.
6. Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction used pursuant to and with the duly adopted federal air regulations shall be exempt from the provisions of Section 12-0805 as well as other regulations of this Section. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of aid traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt from the provisions of Section 12-0805 as well as the other regulations of this Section.
7. Any regulation of railroad noise will be subject to the following:
Title 40, Code of Federal Regulations, part 201:
1. 201.1 (c), (m), (p) , (t), (aa), (dd), (ee)
2. 201.10
3. 201.11 (a), (b)
4. 201.12 (a), (b)
5. 201.13
6. 201.22, 201.23, 201.24
12-0807. APPLICATION FOR SPECIAL PERMIT. Applications for a permit for relief from the noise level designated in this Section on the basis of undue hardship may be made to the city engineer or his duly authorized representative. Any permit granted by the city engineer hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The city engineer, or his duly authorized representative, may grant the relief as applied for if he finds:
1. That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this Section; or
2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this Section; and
3. That no other reasonable alternative is available to the applicant; and
4. The city engineer may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
12-0808. ENFORCEMENT. Whenever any peace officer determines that there has been a violation of the provisions of this chapter, and the violation involves a gathering of people at a premise, the officer may order all persons present, other than the owner or tenant of the premise where the disturbance is occurring, to disburse immediately. Any person refusing to leave the premises
after being ordered to do so by the peace officer is subject to the penalty provisions of this chapter. The officer shall cite, if present, the owner of the premises, or the tenant of such premises, or in the absence of the above two, any person in charge of the premises for violation of the provisions of this chapter. This Section, in no way limits the authority of an officer to cite other persons for violation of the provisions of this chapter.
12-0809. PENALTY. Any person violating any section of this chapter shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211. Each day such violation continues shall be considered a separate offense.
12-0810. SEVERABILITY. Should any part or provision of this ordinance by declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as
a whole, or any part thereof, other than the part declared to be invalid.
12-0811. REGULATION OF FIREWORKS WITHIN CORPORATE LIMITS. The use of fireworks is prohibited within the corporate limits of the City of Harwood except for in the below circumstances:
1. For the purposes of this section, “fireworks” are defined as any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by explosion or detonation as defined by the North Dakota State Fire Marshall as 1.4G fireworks, including but not limited to: Star Light, helicopter flyers, cylindrical fountains, cone fountains, wheels, torches, colored fire, sparkler, dipped sticks, comets, shells, soft shell firecrackers not to exceed 1 ½ inches in length and ½ inch in diameter and total pyrotechnic composition not to exceed 50 mg each.
2. Fireworks may be used June 27 through July 5 within the city limits.
a. June 27 through July 5, excluding July 3 and 4, legal times for use are 8:00 a.m. to 10:30 p.m.
b. July 3 and 4 legal time for use will be 8:00 a.m. to 12:00 (midnight).
3. Fireworks may be used December 31 through January 1 within the city limits.
a. December 31 through January 1 legal time fur use will be 8:00 a.m. to 1:00 a.m.
4. Fireworks may be used for a special event by applying for a permit. Special event permits will not be required June 27 through July 5 or December 31 through January 1. To apply for a permit, the following information must be presented in writing to the City Auditor five (5) days prior to the event:
a. Time, date and location of the event.
b. Copy of liability insurance in effect at the time of the event.
c. The person in charge must sign the written request.
d. The Auditor will approve the permit upon acceptable compliance with the provisions of this section.
4. No person may ignite, discharge or use fireworks on publicly owned or controlled property, including but not limited to, park property, city or county property, school property or federally owned property without prior written authorization from the governing board or authorized representative of the public entity which owns or controls the property.
5. No person may ignite, discharge or use fireworks on any property owned or controlled by another person or entity without the express permission of the owner or person or entity in control of the property.
6. Any person found in violation of this section will be guilty of a misdemeanor as set forth in Section 01-0211. In addition to the penalty set forth in Section 01-0211, any violation of this section may result in the seizure or removal, at the expense of the owner, of all fireworks or combustibles offered or exposed for sale, stored, or held.
Source: Ord. 2014-20, Sec. 1 (2014)