The City Council voted unanimously Tuesday night to put tighter new noise controls into place.
The extensive revisions include clamping down on noise from vehicles as well as from amplified music.
The new rules set certain decibel levels, and city officers will be armed with noise meters to determine if loud offenders go over the limit.
City Council Chairman Ron Littlefield, who has been shepherding the new noise regulation through a complex redrafting, said, "I don't think I have ever got into anything that was so universally popular as the prospect of bringing noise under control."
Council member Sally Robinson said she was concerned about noise from dining establishments with outdoor eating areas that are located near residential areas. That is also to be addressed in new legislation.
Mike McMahan, assistant city attorney, said the new ordinance is a compilation of the city's old rules along with sections from that of Charlotte and Huntsville.
Council members said the ordinance will likely need to be tweaked, but they are ready to "put something out there and see how it works."
At the close of the meeting, Council members Robinson and Jack Benson had a "whistling contest" - judged by one of the new noise meters.
Councilwoman Robinson won.
Here is the full text of the new ordinance:
ORDINANCE NO. _________________
AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, ARTICLE III, SECTIONS 25-67 THROUGH 25-72, RELATIVE TO UNLAWFUL NOISES.
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SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Chattanooga City Code, Article III. Noises, be and is hereby amended as follows:
Article III, Section 25-67 be amended by re-numbering it as Section 25-68 and creating a new Section 25-67 as follows:
Sec. 25-67. Definitions and noise measurement procedures.
(a) All terms used in this Article shall, for the purpose of this Article, have the meanings hereinafter ascribed to them.
“Ambient Noise” shall mean background noise.
“A’ Weighted Sound Level” shall mean the sound pressure level as measured with the sound level meter using the “A” weighing network. The standard unit notation is dB(A).
“dB(A)” shall mean the composite abbreviation for A-weighted sound level in decibels.
“Decibel” shall mean a logarithmic unit of measure of ten used in measuring magnitudes of sound. The symbol is dB.
“Motorcycle” shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, but excluding a tractor.
“Motor Driven Cycle” shall mean every motorcycle and every motor scooter with a motor which does not exceed five brake horsepower, including every bicycle with a motor attached.
“Motor Vehicle” shall mean any self-propelled vehicle.
“Muffler” shall mean 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” shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
“Public Premise” shall also mean any private property generally available for public use including private streets, drives and parking lots or parking spaces provided for any public use at any individual, commercial, institutional or multi-family residential or other property use where parking spaces are required.
“Residential Property” shall mean any premise where single or multiple dwelling units exist and shall include schools, churches, hospitals, nursing homes and similar institutional facilities.
“Sound Amplification Device” shall mean any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.
“Sound Level” shall mean a measure of the level of a sound with a weighing network in the measurement chain.
“Sound Level Meter” shall mean an apparatus or instrument including a microphone, amplifier, attenuator, output meter and frequency weighing networks for the measurement of sound levels.
“Vehicle” shall mean any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(b) For the purpose of determining db(A)’s as referred to in this article, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute.
(c) Measurement procedure. The sound level meter shall be operated in accordance with the instrument manufacturer’s instructions as follows:
(1) Microphone Orientation. The microphone shall be pointed towards the allegedly offensive noise source, unless the instrument manufacturer’s instructions specifically indicate otherwise.
(2) Calibration. The meter shall be calibrated in accordance with manufacturer’s instructions.
(3) Meter Readings. The recorded reading shall be the highest sound level obtained with the allegedly offensive noise source in operation, disregarding unrelated peaks due to extraneous ambient noises.
(4) Ambient Conditions. Measurements shall be made only when the A-weighted ambient sound level, including wind effects and all sources other than the noise source being measured, is at least 10 dB(A) lower than the sound level of the of the noise source being measured, provided however that no source shall emit noise in excess of the applicable maximum dB(A) levels when measured twenty-five (25) feet or more from the source.
Article III, Section 25-68(3) as renumbered be amended by deleting the language after the first sentence.
Article III, Section 25-68(4) as renumbered be amended by deleting the last sentence in the paragraph.
Article III, Section 25-68(6) as renumbered be amended by deleting “, or upon request of proper city authorities.”
Article III, Section 25-68(8) as renumbered be amended by deleting “6:00 p.m.” wherever it appears and substitute in lieu there of “8:00 p.m.”.
Article III, Section 25-68(11) be deleted in its entirety and substitute in lieu thereof the following:
(11) Refuse collection. Operate a mechanical loader for refuse collection between the hours of 9:00 p.m. and 7:00 a.m. within or adjacent to any residential zone.
Article III, Section 25-68(12) be deleted in its entirety and substitute in lieu thereof the following:
(12) Lawnmowers, leaf blowers, weed-eaters, chain saws, etc. Operate lawn mowers, leaf blowers, weed-eaters, chain saws or other domestic tools out-of-doors between the hours of 9:00 p.m. and 7:00 a.m.
Article III, Section 25-68 be amended by adding a new subsection (13) as follows:
(13) Fireworks. It shall be unlawful to set off fireworks after the hour of 11:30 p.m., except on New Year’s Eve when the hours prohibited shall be 12:30 a.m. until 8:00 a.m.
(Ord. No. 11163, §1, 7-31-01)
Article III, Section 25-68(b) be deleted in its entirety and substitute in lieu thereof the following:
(b) The provisions of this section shall not apply to any vehicle of the city or other governmental entity while engaged upon necessary public business, to excavations or repairs of bridges or streets by or on behalf of the city during the night hours, where the public welfare and convenience renders it necessary to perform the work at night.
Article III, Section 25-68 be renumbered to 25-69, be deleted in its entirety and substitute in lieu thereof the following:
Sec. 25-69. Loudspeakers, amplifiers and sound-amplifying devices.
(a) It shall be unlawful to:
(1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, hospital, school in session or nursing home, except in accordance with a permit obtained from the chief building official.
(2) As to multifamily structures including apartments, condominiums or other residential arrangements where boundary lines can not readily be determined, it shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds registering fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the chief building official.
(3) As to places of public entertainment having a capacity of one thousand (1,000) or more persons, operate or allow the operation of any sound amplification equipment so as to create sounds registering more than sixty-five (65) db(A) between 9:00 a.m. and 9:00 p.m., or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the chief building official.
(4) Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which register more than sixty (60) db(A) at or on the boundary of the nearest public right-of-way or park.
(5) Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in the public parks so as to produce sounds registering more than sixty (60) db/(A) fifty (50) feet or more from any electromechanical speaker between the hours of 9:00 a.m. and 9:00 p.m., or fifty (50) db(A) fifty (50) feet or more from any electromechanical speaker between the hours of 9:00 p.m. and 9:00 a.m.
(b) The foregoing limitations on the operation of sound amplification equipment shall not apply to the operation of horns, sirens or other emergency warning devices actually being used in emergency circumstances.
Article III, Section 25-68(c), (d) and (e)(1)(2)(3)(4)(5)(6)(7) be deleted in its entirety and add a new Section 25-70 as follows:
Sec. 25-70. Warnings prior to citation.
(a) If conduct that would otherwise violate this article consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions, the person must be ordered to move, disperse or otherwise remedy the violation prior to his or her citation or arrest.
(b) The order required by section may be given by a peace officer, a person with authority to control the use of the premises, or any person directly affected by the violation.
(c) It is a defense to an offense under the article that:
(1) in circumstances in which this section requires an order, no order was given;
(2) an order, if given, was manifestly unreasonable in scope;
(3) an order, if given, was promptly obeyed;
(4) the device was operated within an enclosed motor vehicle and was not audible outside the vehicle in which it was operated;
(5) the device is one required by any law, ordinance or regulation of the state, federal or municipal government and operated in accordance with applicable law; or
(6) the device is operated as a part of any parade or other activity for which a permit (other than a business permit) has been obtained from any governmental entity.
(Ord. No. 10157, ' 3, 1-10-95)
Article III be amended by adding a new Section 25-71 as follows:
Sec. 25-71. Permits for additional amplification.
(a) Application. The application for a permit for additional amplification under section 25-69 shall be submitted to the chief building official at least fifteen (15) working days in advance of the planned use except in case of emergency. The application shall designate an individual person or persons who shall be in control of the sound amplification equipment and assure that its use complies with the terms of the permit.
(b) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for mailing or otherwise delivering to the occupants of each property within a one thousand foot (1,000’) radius of the facility for which the permit has been granted, as shown on the tax maps of the county, a notice stating the date and hours of the event. The notice shall be delivered at least seventy-two (72) hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the chief building official that such notices have been actually mailed or otherwise delivered.
(c) Number of hours. No permits shall be issued which shall have the effect of allowing more than twenty (20) hours of excess amplification per year at any place of public entertainment having a capacity of one thousand (1,000) or more persons or ten (10) hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the chief building official in the order of receipt unless permits for twenty (20) or more hours have previously been issued for the same or other locations within a one thousand foot (1,000’) radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year’s accumulated hours of excess amplification in that location below twenty (20) hours or select another location.
(d) Not permitted in residentially occupied boundaries. In no event shall a permit be granted which allows the creation of sounds registering more than seventy (70) db(A) anywhere within the boundary line of the nearest residentially occupied property.
(e) Denial; exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the mayor. The mayor shall have the discretion to grant an exceptional permit waiving locational, time and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to city council.
Article III be amended by adding a new Section 25-72 and Section 25-73 as follows:
Sec. 25-72. Motor vehicles.
Sound Levels by Vehicle Type. No person shall operate a motor vehicle upon any public premise, or be permitted to operate a motor vehicle upon any public premise at any time or under any conditions of roadway grade, load, acceleration or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed under measurement procedures established herein.
Speed Limit Zone 35 mph or Less:
(a) Motorcycles and motor driven cycles: 82 dB(A)
(b) Vehicles with gross weight over 10,000 lbs. or over: 86 dB(A)
(c) Vehicles with gross weight under 10,000 lbs.: 80 dB(A)
Speed Limit Zone Over 35 mph:
(a) Motorcycles and motor driven cycles: 86 dB(A)
(b) Vehicles with gross weight over 10,000 lbs. or over: 90 dB(A)
(c) Vehicles with gross weight under 10,000 lbs.: 84 dB(A)
Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross weight rating (GVWR) in excess of (10,000) pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within 150 feet (46 meters) of a residential area, between the hours of 10:00 p.m. and 7:00 a.m. the following day.
Sec. 25-73. Enforcement and penalties.
Where there is a violation of any provision of this article, the city court, in its discretion, may take one (1) or more of the following actions.
(1) A citation fine of fifty dollars ($50.00) for each violation.
(2) A civil penalty not to exceed five hundred dollars ($500.00) for each violation of this article may be adjudged to recover administrative expenses incurred in enforcing this article. A detailed and individualized statement of administration costs incurred by the city shall be submitted to the court for consideration if a civil penalty is sought.
(3) A conditional civil penalty not to exceed five hundred dollars ($500.00) for each separate violation of this article may be assessed by the city judge in the event of an intentional violation of this article conditioned upon the violator purging himself or herself of the civil penalty by not committing another violation of this article for one (1) year following imposition of the conditional civil penalty.
Provided that no combination of fines and civil penalties may exceed five hundred dollars ($500.00) for each violation
Article III be amended by reserving the following:
Secs. 25-72 -- 25-80. Reserved.
SECTION 2. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law.
PASSED on Third and Final Reading
, 2002.