HomeMy WebLinkAboutRes 2016-17RESOLUTION 2016-17
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE "TOWN OF FOUNTAIN HILLS NOISE REGULATIONS."
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the "Town of Fountain Hills Noise
Regulations," of which one paper copy and one electronic copy maintained in compliance with
ARIZ. REv. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public
inspection during normal business hours, is hereby declared to be a public record, and said
copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, December 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS
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REVIEWED BY:
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Grady E. Miller QManager
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ATTESTED TO:
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APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
NOISE REGULATIONS
December 15, 2016
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Section 11-1-7 Noise.
A. Purpose. The purpose of this Section is to promote the health and general welfare
of the citizens and businesses of the Town by balancing the need to protect the
community against unreasonable noise with the legitimate goal of promoting and
encouraging commercial and business growth in the community.
B. Definitions. The following words, terms and phrases, when used in this Section,
have the meanings ascribed to them in this Section, except where the context
clearly indicates a different meaning:
1. "'A' band level" means the total sound level of all noise as measured with
a sound level meter using an A -weighting network. The unit is the dB(A).
2. "Complainant" means a person who files a noise complaint.
3. "Decibel" means a sound pressure that is 20 times the logarithm to the
base 10 of the ratio of the pressure of sound to the reference pressure, 2 x
10 -5 newton/meter2.
4. "Emergency work" means any (a) work performed to prevent or alleviate
physical trauma or property damage threatened or caused by an emergency
that has or may result in a disruption of service and that is necessary to
restore property to a safe condition following a public calamity, (b) work
required to protect the health, safety or welfare of persons or property or
(c) work by private or public utilities when restoring utility service.
5. "Noise violation" means any noise created that exceeds the maximum
limits as specified in this Section.
6. "Sound level (noise level)" means the sound measured with the A -
weighting and slow response by a sound level meter.
7. "Sound level meter" means an instrument including a microphone, an
amplifier, an output meter and frequency weighting networks for the
measurement of sound levels that satisfies the pertinent requirements for
Type 1 sound level meters as set forth in the most recent version of
American Standard Specifications for Sound Level Meters ANSI S1.4-
1983.
8. "Sound Source" means the cause and location of the noise.
C. Measurement Standard. Sound level shall be measured with a sound level meter
operated in accordance with the manufacturer's guidelines and instructions.
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D. Noise Violations Prohibited. Subject to the complaint processing provisions in
Subsection 11-1-7(E) below, it shall be a violation of this Section to emit or allow
to be emitted noise in excess of the permissible noise levels set forth in Table 1
below.
Table 1 Permissible Noise Levels:
Decibel
Measurement Location
Time
dB(A)
Wall of structure proximate to
2
complainant's locations
6:00 am to 10:00 pm
70
Wall of structure proximate to
10:002 pm to 6:00 am
50
complainant's location
' For sounds emanating from within a multifamily residential building (in a unit or the common
area of the building), the measurement location shall be anywhere in a dwelling unit within that
building.
2 The 10:00 p.m. cut-off time may be extended to 11:00 p.m. in conjunction with a temporary use
permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance.
E. Complaint Processing. After receiving a noise complaint from a complainant, an
individual authorized under Subsection H of this Section shall measure the noise
level with such measurements being made at the wall of the complainant's
location. The authorized individual shall determine a noise violation has occurred
when the decibel levels at the complainant's location exceed the maximum
decibel levels set forth in Table 1 above.
F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound
truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or
sound amplifier or any instrument of any kind or character that emits loud and
raucous noises and is attached to and upon any vehicle.
G. Braking devices. It shall be unlawful for the driver of any vehicle to use or
operate or cause to be used or operated within the Town any compression release
or other engine braking device designed to aid in the braking or deceleration of
any vehicle which results in noise in excess of that which would otherwise be
produced from such vehicle without such braking device. The provisions of this
Subsection do not apply to public safety vehicles or to any vehicle while
descending Golden Eagle Boulevard.
H. Violations. The Town Manager or designee, code official or Town law
enforcement officer may issue civil citations pursuant to Subsection 1-8-3(D) of
this Code to enforce violations of this Section. After civil enforcement as set
forth in Subsection 1-8-3(D) of this Code, any POST -certified law enforcement
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officer or the Town Prosecutor may issue criminal complaints pursuant to
Subsection 1-8-2(A) to enforce this Section.
I. Exemptions. The following uses and activities shall be exempt from Town noise
level regulations:
1. Noises resulting from air-conditioning equipment when such equipment is
in proper operating condition.
2. Noises resulting from lawn maintenance equipment operated during
daylight hours when such equipment is functioning with all mufflers and
standard noise -reducing equipment in use and in proper operating
condition.
3. Noises of safety signals, warning devices and emergency pressure relief
valves.
4. Noises resulting from an authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment
or facilities while being operated or utilized for official business.
8. Noises resulting from a special event being held pursuant to a Town -
issued special event permit.
9. An un -amplified human voice.
10. Noises resulting from an event being held by a school.
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