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HomeMy WebLinkAbout2020 08.17 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,August 17,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 20-394 Presentation and discussion on Resolution No. 20-24 declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". Sponsors: Joel Stern Attachments: Resolution 20-24 Ch 11 Noise 20-395 Presentation and discussion on Ordinance No. 1492 amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; and repealing any conflicting provisions. Sponsors: Joel Stern Attachments: Memo to Staff 2020 Amendments to Chapter 11 Noise CLEAN 2020 Amendments to Chapter 11 Noise DRAFT Ordinance 1492 Chapter 11 Noise Decibel Chart CDC Noise Levels 1988 Resolution 20-405 Presentation and discussion on Ordinance No. 1493 amending Apache Junction City Code, Volume I, Chapter 10: Offense, Article 10-1: Offenses; General, by repealing and replacing in its entirety section 10-1-12, Noise, subsection (A); providing for severability; providing for penalties; and repealing any conflicting provisions. Sponsors: Joel Stern Attachments: Ordinance 1493 Chapter 10 Noise Music Only City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Work Session Agenda August 17,2020 D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Piz File ID: 20-394 Sponsor: Joel Stern Agenda Date: 8/17/2020 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 20-24 declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 11 : NOISE" . WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy are accessible on the city' s website and are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include codes such as noise; and WHEREAS, it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : That certain document entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk which document is declared to be a public record of the City of Apache Junction, Arizona, is also hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor RESOLUTION NO. 20-24 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-24 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Piz File ID: 20-395 Sponsor: Joel Stern Agenda Date: 8/17/2020 Index: In Control: City Council Work Session Presentation and discussion on Ordinance No. 1492 amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; and repealing any conflicting provisions. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: August 17, 2020 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: DRAFT NOISE REGULATIONS; OUR FILE NO. 20-026 This is a continuation of the above-noted item from August V and 4tn wherein the council directed staff to create a redline and clean copy showing numerous changes to the initial draft, which includes the following: 1) The emergency clause has been eliminated under Ordinance No. 1492. 2) The complementary new Ordinance No. 1493 addresses the specific modifications to Apache Junction City Code, Vol. I, Chapter 10, Article 10-1 (loud music) and requires decibel measurements to establish violations as per new Chapter 11, Noise, under Ordinance No. 1492. 3) With regard to the new chapter: a) page 1, the Introduction section (formerly § 11-1-1): eliminated. b) page 2, § 11-1-2, Authority and Purpose: includes some minor clerical changes. c) pages 2-4, § 11-1-4, Definitions: includes stricken terms that are no longer needed relating to vehicles and property line. d) pages 4-8, § 11-1-6, Acts or Conditions Declared as Excessive Noises: retains but modifies times and decibel levels in Table 1 and combines Rural into Residential zoning; removes decibel measurements for vehicle-related sounds; begins the process of consolidating an exemption list set forth on pages 9-13 under § 11-1-8, Exemptions; and adds the requirement of the officer measuring a sound level within 20 feet of a complaining party's building footprint rather than from a property line. e) pages 8-9, § 11-1-7, Investigation: sets forth a police officer's role in verifying whether there are any violations and allows discretionary warnings and who is a responsible party. f) page 9, coded as stricken § 11-1-10, Persons Responsible for Noise Violations: incorporated into previously-noted Investigation section. g) pages 9-13, § 11-1-8, Exemptions: makes consistency adjustments to subsection A; creates new subsection B with categorical exclusions of city codes removing decibel measurements from the process; and includes a new Table 2 for construction activities which are also excluded from the decibel limitations. h) page 13, § 11-1-9, Penalty: makes consistency modifications so that the violations of the new noise code are matched with property maintenance code provisions under Chapter 9, with the first two violations being civil with $350/$600 penalties respectively and the third violation being criminal with a $1,000 penalty. This matter will be discussed at the August 17th work session and at the August 18th public hearing. 4:::J* R. Joel Stern City Attorney 2 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11: NOISE 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11: NOISE Sections 11-1-1: Applicability 11-1-2: Authority and Purpose 11-1-3: Excessive Noise Violation 11-1-4: Definitions 11-1-5: Sound Level Measurement Criteria 11-1-6: Acts or Conditions Declared as Excessive Noises 11-1-7: Investigation 11-1-8: Exemptions 11-1-9: Penalty § 11-1-1: APPLICABILITY This chapter shall apply to areas within the incorporated city limits. § 11-1-2: AUTHORITY AND PURPOSE This chapter is hereby adopted under the authority granted to the council in A.R.S. §§ 9-240 (13) and 9-276 (16) for the purpose of regulating excessive noises. It is hereby declared to be the policy of the city to prohibit any noise which exceeds the decibel levels set out in this chapter. Above these levels, such noises are unreasonable, excessive and detrimental to the health and welfare of the residents of the city, and it is in the best interest of the residents of the city that such excessive noises be systematically eliminated. § 11-1-3: EXCESSIVE NOISE VIOLATION It shall be unlawful and a violation of this chapter for any person to knowingly and/or intentionally make, continue, or cause to be made or continue any noise exceeding the decibel limits referenced in this chapter. § 11-1-4: DEFINITIONS The following words,terms and phrases,when used in this chapter, shall have the meanings noted below: A-weighted sound pressure level: the sound pressure level as measured with a sound level meter using the A-weighting network(the standard notation is "dB(A)" or"dBA"). Commercial property: any property occupied by a business, store or shop and zoned for such purpose. Decibel ("dB'): a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Emergency vehicle: vehicles of the police,public safety and public works departments and legally authorized vehicles of state departments or any political subdivisions thereof and vehicles of public service corporations, fire, medical, water and sewer districts. Emergency work: any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety and welfare of persons or property. Excessive noise: any sound measured according to the criteria set forth in this chapter which exceeds the levels reflected in the dB Tables. Industrial property: any property occupied by land uses whose primary operation involves manufacturing, assembling, processing or otherwise treating raw materials, semi-finished products, or finished products for packaging and distribution to either wholesale or retail markets and zoned for such purpose. Legal holiday: those holidays so designated by the city in its personnel rules. LEQ (equivalent sound level): the constant level that over a given period transmits to the receiver the same amount of acoustic energy as the actual time-elapsed sound. Noise: See Sound pressure level. Residential property: any property, the dominant use of which is non-transient occupancy of residential dwelling units and zoned for such purpose. Site-specific source of sound: a source of sound which originates from a property even though the specific source of the sound generation may be mobile. Sound: temporal and spatial oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes progressively alternative 2 compression and rare fraction of that medium and which propagates at finite speed to distant points and can evoke an auditory sensation. Sound level meter: an instrument which includes a microphone, amplifier, root mean square ("RMS") detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Sound pressure: the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Sound pressure level: 20 times the logarithm to the base ten of the ratio of RMS sound pressure to the reference pressure of 20 micropascals(20 x 10-N/m). The sound pressure level is denoted"Lp" or"SPL" and is expressed in decibels. Street: a way, existing or proposed, for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, roadway, boulevard, avenue, lane, alley, easement,place, or however otherwise designated. Street, collector: a street, existing or proposed, collecting traffic from local streets, and connecting the same with a major street, or another collector street. Street, local or minor: a street, existing or proposed,exclusively or primarily providing access and utilities to abutting properties. Street, major: such major street,highway,thoroughfare,parkway or boulevard and all section lines so designated on the county comprehensive plan. § 11-1-5: SOUND LEVEL MEASUREMENT CRITERIA For the purpose of enforcement of the provisions of this chapter,noise levels shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirement for Type 2 sound level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. Prior to measurement,the meter shall be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used. Prior to measurement,the meter shall be calibrated according to the manufacturer's specifications. § 11-1-6: ACTS OR CONDITIONS DECLARED AS EXCESSIVE NOISES The following enumerated acts or conditions are subject to the decibel levels set forth in this chapter: A) Land use noise. 3 1) Classification of use districts(residential, rural, commercial, industrial). Zoning district classifications shall be as set out in the city zoning ordinance and shall, for purposes of this section, be distinguishable as residential, commercial, rural and industrial land use classifications,within which sound levels of Table 1 below shall be locally measurable and applied by the use of LEQ levels as defined in this chapter and measured in accordance with the methods set forth in this chapter for purposes of evaluating an alleged violation of this chapter. 2) Violations. It shall be unlawful and a violation of this section for any person to operate or to permit to be operated any site-specific source of noise which when measured at twenty (20) feet from the complaining party's building footprint: a) Creates a sound level in excess of its ambient LEQ limit, indicated in Table 1 below: TABLE 1 SOUND LEVELS FOR LAND USE DISTRICTS ZONING DISTRICT CLASSIFICATION LEQ LIMITS, dBA (Residential & Rural) RS-20, RS-20M, RS-10, RS- IOM,RS-7,RS-7M,RS-5,RM-1,RM-2,RM-3,MHP, 65 dBA ( 0:0 a.m. . 10:00 p.m.); RVP, MPC, RS-GR, RS-54, RS-54M 60 dBA (110:00 p.m. - 7:00 a.m.) (Commercial or Business) B-1, B-2, B-3 65 dBA (7:00 a.m. - 10:00 p.m.);60 dBA (10:00 p.m. - 7:00 a.m.) 70 dBA (7:00 a.m. - 10:00 p.m.); (Industrial) B-4, B-5 65 dBA (10:00 p.m. - 7:00 a.m.) The LEQ limits specified above in Table 1 are LEQ for a two-minute time interval. Partial LEQ levels may be obtained as necessary to ensure an accurate indication of the representative sound environment for the site. b) Sound projected from property within one zoning district into property within another zoning district of a lesser sound level limit shall not exceed such lesser sound level limit. § 11-1-7: INVESTIGATION A)Police officers are authorized to investigate noise complaints and shall do so using only decibel measurements pursuant to this chapter and not by subjective data (individual opinion or experience), but rather objective data (impartial decibel levels set forth in Table 1). The investigating police officer, after receiving a complaint, shall take a decibel measurement upon arrival twenty(20) feet from the complaining parry's building footprint. 4 1) If the maximum decibel level is higher than allowed in this chapter, the police officer shall immediately contact the owner or manager of the offending property and verbally warn them to reduce the noise. The warning will be documented in the police department's computer aided dispatch ("CAD") system or by department report. The complainant will be informed that a warning has been issued. The officer shall also have the discretion to provide additional warnings to the offending party based on the totality of the circumstances and shall document such additional warnings in the CAD system or by department report. 2) If the maximum decibel levels in Table 1 are subsequently violated after a warning has been provided and the police officer determines no further discretionary warnings are warranted, the police officer shall issue a citation to the offending party with a date to appear in court. If the offending party cannot be located to be cited, is evading personal service of the citation, or refuses to sign the citation, the police officer shall document the reason and shall submit the case to the prosecutor who shall determine whether the submitted evidence from the police officer supports the filing of a long form complaint with the court. 3) It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a police officer in order to avoid compliance with the provisions of this chapter. B) A police officer shall advise any person violating this section to abate the violation. It is unlawful for any person to fail to comply with an order of a police officer regarding a noise violation. C) The business, enterprise, person or persons creating the noise, involved in the activity or operating the equipment which creates the noise as well as the business, enterprise, owner, lessee, tenant, occupant or other possessor of the property on which the noise is created or the activity or operation creating the noise is located, shall be responsible or liable for any violation of this chapter. § 11-1-8: EXEMPTIONS A)General: The sound levels set forth in this chapter shall not apply to the following noise sources: 1) Heating and cooling equipment when it is functioning in accordance with the manufacturer's specifications and is in proper operating condition; 2) Landscape maintenance equipment, when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition; 3) Non-amplified crowd activities such as athletic, musical or cultural events planned by schools, governmental or organized sports; 5 4) Safety signals, warning devices and emergency pressure relief valves; 5) Any authorized emergency vehicle when responding to an emergency call or acting in time of emergency; 6) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster;to restore public utilities; or to protect persons or property from an imminent danger; 7) Religious institution's percussion instruments; 8) Power plant equipment during normal operation; 9)Any city vehicle, equipment or facility while being operated for official use; 10) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; 11) Any special event as approved by the council including but not limited to parades, concerts, festivals, fairs or similar activities; 12) Legal fireworks as regulated under A.R.S. Title 36, §§ 36-1601 through 36-1610, as amended. B) Apache Junction City Code Specific Provisions: Unless otherwise noted, this chapter does not apply to the following Apache Junction City Code ("AJCC")provisions: 1)AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-1: Definitions. 2)AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-3: Noises. 3)AJCC,Vol. I, Ch. 6: Animals,Article 6-1: Rules and Regulations, § 6-1-7: Commercial Dog Kennel Permits. 4) AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-8: Personal Dog Kennel Permits. 5) AJCC, Vol. I, Ch. 6: Animals, Article 6-9: Violations, § 6-9-2: Criminal Filings and Penalties. 6) AJCC, Vol. 1, Ch. 10: Offenses, Article 10-1: Offenses; General, § 10-1-12 (B): Noise (mufflers). 6 7)Construction activity with start and stop times indicated in Table 2 below and more fully described in AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General §§ 10-1-12 (C) through (F). TABLE 2 CONSTRUCTION START AND STOP TIMES TYPE OF WORK DATES AND TIMES Concrete Work April 15 —October 15 from 5:00 am—7:00pm October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm Other Type of Construction April 15 —October 15 from 5:00 am—6:30 pm (in residential zones) October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm (In a residential building with windows closed within 500 feet of construction site) Other Type of Construction April 15 —October 15 from 5:00 am—6:30 pm (in non-residential zones) October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm (In a residential building with windows closed within 500 feet of construction site) The times noted above may be varied by authorized permit, see AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General §§ 10-1-12 (C) through(F). 8) AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General, § 10-1-25: Offensive Use of a Motor Vehicle. 9)AJCC,Vol. I,Ch. 10: Offenses,Article 10-2: Sound Amplification Systems in Vehicles. 10) AJCC, Vol. I, Ch. 10: Offenses, Article 10-7: Motorized Skateboards, § 10-7-4: General Operating Restrictions. 11) AJCC, Vol. I, Ch. 12: Traffic, Article 12-2: Traffic Control, § 12-2-15: Unnecessary Vehicle Noise (squealing tires). 12) AJCC, Vol. I, Ch. 13: Public Works, Article 13-4: Small Wireless Facilities Located in Public Rights-of-WaX, Appendix B Wireless Facilities Standard Terms and Conditions. 7 13) AJCC, Vol. I, Ch. 13: Public Works, Article 13-4: Small Wireless Facilities Located in Public Rights-of-WaX, § 13-4-1: Purpose. 14) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-6: Home Based Occupations. 15) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-7: Equestrian Activities and Uses. 16) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-14: Airports and Helipads. 17) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-16: Alternative Energy Structures and Equipment. 18) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-23(B)(2)(f): Temporary Uses and Structures. 19) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-16: Administration, § 1-16-12: Conditional Use Permits, Administrative Use Permits and Building Permits. 20) AJCC, Vol. II, Ch. 8: Communications, Article 8-1: Wireless Communications Facilities, § 8-1-5(D): General Site Development Regulations. § 11-1-9: PENALTY A) A violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and any person who violates any of the provisions of this chapter is subject to being summoned into court by a citation or long form complaint for the following: 1) FIRST OFFENSE: civil charge, civil penalty of$350; 2) SECOND OFFENSE within a 24 consecutive month period after first offense: civil charge, civil penalty of$600; 3) THIRD OFFENSE within a 24 consecutive month period after first offense, as well as all subsequent offenses thereafter: class 1 misdemeanor criminal charge, criminal fine of $1,000, and other allowable criminal misdemeanor penalties. B) The responsible party shall receive the progressively higher dollar amount penalties noted above upon a finding of responsibility for any violation. Such dollar amounts are not subject to judicial reduction. Each day a violation continues or exists shall be considered a separate offense. 8 DRAFT 8/17/20 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER II: NOISE 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11: NOISE Sections 11-1-12: Applicability 11-1- 2-3: Authority and Purpose 11-1-34: Excessive Noise Violation 11-1-45: Definitions 11-1-56: Sound Level Measurement Criteria 11-1-6-7: Acts or Conditions Declared as Excessive Noises 11-1-78: Investigation 11-1-89: Exemptions 11 1-1-10!Per-sons Responsible f Noise Viala4i 11-1-944: Penalty Within reason eertain noise levels must be toler-ated by all eitizens within the eity limits of Apae > eonstfuetion equipment, bar4ing dogs, amplified tnusieal instfuments, health,trueks, air-planes and laud par-ties afe all examples of noise fa�d within ouf eommunity. Howevef,the poliey of the City of Apaehe Atnetion prohibits any noises that afe detfimental to the regulation, sueh B. Any aetivities that pr-oduee any > exees > ,n&e G. Disturbs the peaee and quiet of a r-esidefAial zoned pt:epefty of a reasonable per-so nofmal sensibilities. § 11-I-1 2: APPLICABILITY This chapter shall apply to areas within the incorporated city limits. § 11-1-2 3: AUTHORITY AND PURPOSE This chapter is hereby adopted under the authority granted to the council in A.R.S. §§ 9-240 (13) and 9-276 (16) for the purpose of regulating excessive noises. It is hereby declared to be the policy of the city to prohibit any noise which exceeds the decibel levels set out in this chapter. At an Above eei4ain these levels, such noises are unreasonable, excessive and detrimental to the health and welfare of the residents of the city, and it is in the best interest of the residents of the city that such excessive noises be systematically eliminated. § 11-1-3-4-: EXCESSIVE NOISE VIOLATION It shall be unlawful and a violation of this chapter for any person to knowingly and/or intentionally make, continue, or cause to be made or continue any noise exceeding the decibel limits referenced in this chapter. § 11-1-4 5: DEFINITIONS The following words,terms and phrases,when used in this chapter, shall have the meanings noted below: A-weighted sound pressure level: the sound pressure level as measured with a sound level meter using the A-weighting network(the standard notation is "dB(A)" or"dBA"). Commercial property: any property occupied by a business, store or shop and zoned for such purpose. Decibel ("dB'): a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Emergency vehicle: vehicles of the wed eal, police, public safety and public works departments and legally authorized vehicles of state departments or any political subdivisions thereof and vehicles of public service corporations, fire, medical, water and sewer districts. Emergency work: any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety and welfare of persons or property. 2 Excessive noise: any sound measured according to the criteria set forth in this chapter which exceeds the levels reflected in the dB Tables. r-eeomme ded ma-xinvam loaded weight of a single meter- vehiele. in eases where tfailer-s tfaeter-s are separable,the gross eembination weight rating("GCWR"),w-hieh is the valtie speeifi by the mai+ufaetufer- as the r-eeommended ma-xin+um loaded weight of the eeffibina4ien vehie4e—, shall be tis . Industrial property: any property occupied by land uses whose primary operation involves manufacturing, assembling, processing or otherwise treating raw materials, semi-finished products, or finished products for packaging and distribution to either wholesale or retail markets and zoned for such purpose. Legal holiday: those holidays so designated by the city in its personnel rules. LEQ (equivalent sound level): the constant level that over a given period transmits to the receiver the same amount of acoustic energy as the actual time-elapsed sound. Alefer,,,ehielet every self pfepelled deviee in,upon, or-by whieh any per-son or-pr-apei4y is, er-a+ay be,tr-anspot4ed upon a ptiblie hig"lay, exeepting deviees used exeltisively upon statiena-Fy mils of tracks and a ,-a ft Alitffler: a device for-abating the sotmd of escaping gases ftom an intefflal eombustion engine. Noise: See Sound pressure level. Prepet4y,IiHe. the line whieh represents the legal limits of real pr-oper-ty(ineluding a single famil�, aeeupied by a per-son, business, eer-pefution of! institution. in eases involving sound 40M aetivity on a p4he street or- other- p4lie right of way, the pr-epel4y line shall be the flear-est Residential property: any property, the dominant use of which is non-transient occupancy of residential dwelling units and zoned for such purpose. Site-specific source of sound: a source of sound which originates from a property even though the specific source of the sound generation may be mobile. Sound: temporal and spatial oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes progressively alternative compression and rare fraction of that medium and which propagates at finite speed to distant points and can evoke an auditory sensation. 3 Sound level meter: an instrument which includes a microphone, amplifier, root mean square ("RMS") detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Sound pressure: the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Sound pressure level: 20 times the logarithm to the base ten of the ratio of RMS sound pressure to the reference pressure of 20 micropascals(20 x 10-N/m). The sound pressure level is denoted"Lp" or"SPL" and is expressed in decibels. Street: a way, existing or proposed, for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, roadway, boulevard, avenue, lane, alley, easement,place, or however otherwise designated. Street, collector: a street, existing or proposed, collecting traffic from local streets, and connecting the same with a major street, or another collector street. Street, local or minor: a street, existing or proposed, exclusively or primarily providing access and utilities to abutting properties. Street, major: such major street,highway,thoroughfare,parkway or boulevard and all section lines so designated on the county comprehensive plan. § 11-1-5 b: SOUND LEVEL MEASUREMENT CRITERIA For the purpose of enforcement of the provisions of this chapter,noise levels shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirement for Type 2 sound level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. Prior to measurement,the meter shall be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used. Prior to measurement,the meter shall be calibrated according to the manufacturer's specifications. § 11-1-6-7: ACTS OR CONDITIONS DECLARED AS EXCESSIVE NOISES The following enumerated acts or conditions are subject to the decibel levels set forth in this chapter: A) Land use noise. 1) Classification of use districts(residential, rural, commercial, industrial). Zoning district classifications shall be as set out in the city zoning ordinance and shall, for purposes of this section, be distinguishable as residential, commercial, rural and industrial land use classifications,within which sound levels of Table 1 below shall be locally measurable and 4 applied by the use of LEQ levels as defined in this chapter and measured in accordance with the methods set forth in this chapter for purposes of evaluating an alleged violation of this chapter. 2) Violations. It shall be unlawful and a violation of this section for any person to operate or to permit to be operated any site-specific source of noise which when measured at twenty (20) feet from the complaining party's building footprint: any point a4 the r,.,,perty line where the neise emission or-igifia4es [100 feet from the sour-eeq a) Creates a sound level in excess of its ambient LEQ limit, indicated in Table 1 below: TABLE 1 SOUND LEVELS FOR LAND USE DISTRICTS ZONING DISTRICT CLASSIFICATION LEQ LIMITS, dBA (Residential & Rural) RS-20, RS-20M, RS-10, RS- 60 65 dBA (7:00 a.m. -800 10:00 p.m.); IOM,RS-7,RS-7M,RS-5,RM-1,RM-2,RM-3,MHP, 55 60 dBA (800 10:00 p.m. - 7:00 a.m.) RVP, MPC, RS-GR, RS-54, RS-54M (Commercial or Business) B-1, B-2, B-3 65 dBA (7:00 a.m. - 10:00 p.m.); 60 dBA (10:00 p.m. - 7:00 a.m.) F(Industrial) B-4, B-5 70 dBA (7:00 a.m. - 10:00 p.m.); 65 dBA (10:00 p.m. - 7:00 a.m.) �� dBA i�.nn ��n.nn �. �a fal) RS G , RS 54, RS 5 ITT 60 dBA (9.00 p.m. 7M � The LEQ limits specified above in Table 1 are LEQ for a two-minute time interval. Partial LEQ levels may be obtained as necessary to ensure an accurate indication of the representative sound environment for the site. b) Sound projected from property within one zoning district into property within another zoning district of a lesser sound level limit shall not exceed such lesser sound level limit. B) V iele n at any time upon any street or- paved sur-faee oi: undeF any eendition of gf:ade,1)Alei-se liniks. No per-son shall operate either- a motor-vehiele or-eembination of vehieles aeeeler-atioa,or-deeeler-ation in stieh a manner-as to exeeed the noise limits in Table 2 below TABLE 2. SOUND LEVELS FOR MOTOR VEHICLES (MEASURED AT 50 FEET-) OPERATED ON A OPERATED ON VEHICLE CLASS LOCAL STREET PAVED SURFACE O-R-- MAjOR STREET ,. rrIaro of 10,000 pounds or- fnor-v v of vehieles towed by any sueh motor-vehiele. Motor-eyeles> mini bike, ete. opefated ffpon 82 dBA o` d ,� the ublie stfeets .,ateor-highways-. �d-ttBi� ,. 3) Vehiele repaims. it shall be unlawful feF any per-son within any residential aFea of eity to repair-, r-ebuild, or-test any motor-vehiele between the hotir-s of 8:00 p.m. of one day and 7.00 a.m. of the next day in sueh a mamer as to er-eate noise pufsttant to Table r 4) Ahoer-s. No per-son shall operate or- eatise to operate any motor- vehiele unless the exhaust system of saeh vehiele is.! a) equipped with a m-ufflef; b) ffee 4am Rl✓€e ems'neh maye-au se sound ievel violations; an phonograph,e)not modified in a manner whieh will amplify or inerease the sound level emitted by the motor-of sueb vehiele above the sotind levels pr-ovided for-in Table 2. G)Loud ffidies-and sound sets. 1) 14 shall be tinlawful for-any per-som, ineluding the owner- or-manager- of any business, to opetute ot!pefmit to be operated any radio r-eeeiving set,heard at a distanee of more than 125 feet from the propeFty 4ine or fnater- vehiele where stieh radio rvee et ,opo i , o-sound ,,,,,;, " a caannisn is iveatec.1) Alei-se limitations. it shall be tinlawful for- any per-son to operate equipment or-peffofm buildings, > seetion tmiess an appropriate pefmit has been obtained beforehand from the eit-Y. any pile dr-.'v-., -vv-. shovel, pneuma4ie hammer-, deft4ek, power- hoist of any othef a) Conerete work From April 15 to Oeteber- eenefete may be potff > ineltisive, each day between the�1'voufs orTv0azir.-and :nn p eh other- times as > ineltisive, eoner-ete may be authorized by pefmit.- F of April15 to Oetober- 15, inelusive, all-other- eonstnjet---- --- •T y not begin prior-to 6!00 a.m. and must stop by 7:00 p.fn. I ,, . or-within 500 feet of a residential pr-opei4y, or- at stteh other-times as au4hor-ized by pefmit. Fr- begin prior- to 6:00 a.fn. and must be stepped by 6.30 p . eaeh day, ; or- ;thin cnn foot f a r side,t;.,1 r perty of.,t stieh then times a „tho-;.,oa by permit. areas,e) Other"e eenstiHefion (nonresidential property). Construetion and repair-work in nonfesidential not within 500 feet of a fesidentiai pfopet4y, shall not begiff prior-to 5:00 a.m. and must stop by 7:00 p.m. oF at stieh other-times as a-uther-izzed herein, „st,- etio „!k shall not Legg p f to 7:00 a and must stop by 7:00 p , and eenefete potififig shall begin pfiorts 6:-o:00 a.m. - d ffmst step by 7:00 p.m. an any, Satefday, Sunday or legal.,lida ,,,,lesss sueh other-times are- 3)Permits requiped-,- eonsidemtions-jor iswuanee7 . a) Constfuetion and fepair-work may be eendtieted a4 diffefent times and at higher- noise levels than other-wise pefmitted if-, upon wfitten applieation, a permit 4-R obtained beforehand ffem the development set=viees difeetof of his designee. The perlsihz l be kept an the work site and shown t6 eity vniCials an request. n 1) !`onstruetio noise ., the vieinity of the proposed work site would be 1 2) Obstruetion and inteFfefenee with tt:affie, paftieulrat:ly on sire impeftanee> ld ht > 3) The kind of work to be per-fofmed emits noises at stieh a low level as to f ea „t distr-ba ee i the . ty of the work s site-,it • ea-use nn , 7 4)The neigMeFhood of the proposed. oFk site; of's,,..h a eha-aete,-... e-o;,, was t time;spreadever- longer- 5) The< ofk will .,bate o pfevent b,.zaf!ds to life of pfaper-t�-, 6) fepesed early night=v`roFk is in the general, „blie i 4er-est- '71�)- he direeter- shall pr—eseribe slieh eenditions, wefking times, type deemed to be r-e"ir-ed in the p4lie in4er-est. b) No Perim regired to per-fet:fn emer-geney wofk as defined in this- ehapten pefmit gfanted her-ounder- upon eemplaint based upon s4stantial evidenee that the § 11-1-7 9: INVESTIGATION A)The Police officers ,lopa ftment is are authorized to investigate noise complaints and shall do so using only decibel measurements pursuant to this chapter and not by subjective data (individual opinion or experience) data, but rather objective data (impartial decibel levels set forth in Table 1). The individual authorized undeF this ehapteF will bea The investigating police officer, and after receiving a complaint, shall take a decibel measurement upon arrival €rem twenty (20) feet from the complaining party's building footprint. the eemplain-ant's prepeFty line/ ,doe it ae!Ey - r ti a gathering afea (100 foot fr,.,., the s e?) 1) If the maximum decibel level is higher than allowed in this chapter, the police officer shall immediately contact the owner or manager of the offending property and verbally warn them to reduce the noise. The warning will be documented in the police department's computer aided dispatch ("CAD") system or by department report. The complainant will be informed that a warning has been issued. The officer shall also have the discretion to provide additional warnings to the offending party based on the totality of the circumstances and shall document such additional warnings in the CAD system or by department report. 2) If the maximum decibel levels in Table 1 are subsequently violated after a the fiFst warning has been provided and the police officer determines no further discretionary warnings are warranted, the police officer shall issue a citation to the offending party A eitation may be issued to a pr-opeAy owner- or- with a date to appear in court. If the offending party cannot be located to be cited, is evading personal service of the citation, or refuses to sign the citation, the police officer shall document the reason and shall submit the case to the prosecutor for long feF ,.,,,,.,lain* 8 tvview who shall determine whether the submitted evidence from the police officer supports the filing of a long form a viela4iofi oeeuffed Md if so, complaint with the court. 3) No wamings will be pr-ovided f« subsequent. elations lea-,�e a name, address and-phone t+afnber- in order- for-the pokee depaAffient to 4westigate -5 3) It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a police officer eity staff fne in order to avoid compliance with the provisions of this chapter. authorized under- this ehapter shall-fflieawsl-�-e the noise level with sueh measufements being mad-e a per-se noise violation has oeeurfed when the deeibel levels at the eemplainant's leeation exe the maximum ,1eeib01 levels set fet4h i Table-,-. B)A law en f,.eeme„t agent police officer shall eommand advise any person violating this section to abate the Mote violation. It is unlawful for any person to fail to comply with an order of a police officer law en f,.,.o, ent agent regarding a noise violation. Eaeh violatiofl Of the order of law enfaFeement agent under-this ehapter-shall eenstittAe a separate off-ense of this seefien. C) It shall be unlawful f6r any per-son to hinder-, obstruet, delay, resist, pf!event Of! interfere, or- attempt to ifiter-fer-e, with any author-ized per-son while duties under this ,.h.,pte § 11 1 10: PERSONS A>~'C'PONSIB E >~O NOISE VIOLATIONS s� Q The business, enterprise, person or persons creating the noise, involved in the activity or operating the equipment which creates the noise as well as the business, enterprise, owner, lessee, tenant, occupant or other possessor of the property on which the noise is created or the activity or operation creating the noise is located, shall be responsible or liable for any violation of this chapter. § 11-1-89: EXEMPTIONS A)General: The sound levels set forth in this chapter shall not apply to the following noise sources: 1) Heating and cooling equipment when it is functioning in accordance with the manufacturer's specifications and is in proper operating condition; 9 2) Landscape maintenance equipment, when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition; 3)Non-amplified crowd noises r-estilting f,,,,-, activities such as athletic,musical or cultural aetivities or events planned by schools, governmental or organized sports; , inns, ; 4)Noises o Safety signals, warning devices and emergency pressure relief valves; 5) Noises rest' ting f em Any authorized emergency vehicle when responding to an emergency call or acting in time of emergency; 6)Noises,-esulting from Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster;to restore public utilities; or to protect persons or property from an imminent danger; 7)Noises from a Religious institution's percussion instruments; 8) Power plant equipment during normal operation; 9)Noise,.realoa by Any city vehicle,equipment or facility while being operated for official use; 10) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; 11) Any special event as approved by the council including but not limited to parades, concerts, festivals, fairs or similar activities; 12) Legal fireworks as regulated under on ifidepende e Day a-Rd New Year's Eve afe allowe uvAil 11.00 r ,r A.R.S. Title 36, §§ 36-1601 through 36-1610, as amended. (COUNCIL: State law does not restrict times and has a list of other dates that city can restrict fireworks, before and after the 4th of July and New Year's Day) > , 0 PeFmor- agr-00 0 work,!a-ndseaping, lawn or-yar-d or-exea-vat > week e-6n"eted b@t'ween 6�.00 a.m. through 4:00 p Aif.,n.a.,ys thFough F-r-idayus. Also, a e and 8.00 p.m. on Satufdays or- Sund*ys-. 10 1'7) UP-„ly .t.,4l,o,jag Allowing ingor- ir ahe willful sL.ou4ifi.. el . disttir-bs the peaee and quiet of a neighbor-hood or- a reasonable per-son of He sensibilities. L4ffuly gathef:ing ean be pursued as disor-def4y eonduet under- A.R.S. § 13 2904. A.R.S.reasonable means ineluding but not lifnited to eitation andlor-order-dispersal of the per-sons § 132904 B) Apache Junction City Code Specific Provisions: Unless otherwise noted, this chapter does not apply to the following Apache Junction City Code ("AJCC")provisions: 1)AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-1: Definitions. 2)AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-3: Noises. 3)AJCC,Vol. I, Ch. 6: Animals,Article 6-1: Rules and Regulations, § 6-1-7: Commercial Dog Kennel Permits. 4) AJCC, Vol. I, Ch. 6: Animals, Article 6-1: Rules and Regulations, § 6-1-8: Personal Dog Kennel Permits. 5) AJCC, Vol. I, Ch. 6: Animals, Article 6-9: Violations, § 6-9-2: Criminal Filings and Penalties. 6) AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General, § 10-1-12 (B): Noise (mufflers). 7)Construction activity with start and stop times indicated in Table 2 below and more fully described in AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General §§ 10-1-12 (C)through (F). 11 TABLE 2 CONSTRUCTION START AND STOP TIMES TYPE OF WORK DATES AND TIMES Concrete Work April 15 —October 15 from 5:00 am—7:00pm October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm Other Type of Construction April 15 —October 15 from 5:00 am—6:30 pm (in residential zones) October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm (In a residential building with windows closed within 500 feet of construction site) Other Type of Construction April 15 —October 15 from 5:00 am—6:30 pm (in non-residential zones) October 16—April 14 from 6:00 am—6:30 pm Weekends/Holidays from 7:00 am—5:00 pm (In a residential building with windows closed within 500 feet of construction site) The times noted above may be varied by authorized permit, see AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General §§ 10-1-12 (C) through(F). 8) AJCC, Vol. I, Ch. 10: Offenses, Article 10-1: Offenses; General, § 10-1-25: Offensive Use of a Motor Vehicle. 9)AJCC,Vol. I,Ch. 10: Offenses,Article 10-2: Sound Amplification Systems in Vehicles. 10) AJCC, Vol. I, Ch. 10: Offenses, Article 10-7: Motorized Skateboards, § 10-7-4: General Operating Restrictions. 11) AJCC, Vol. I, Ch. 12: Traffic, Article 12-2: Traffic Control, § 12-2-15: Unnecessary Vehicle Noise (squealing tires). 12) AJCC, Vol. I, Ch. 13: Public Works, Article 13-4: Small Wireless Facilities Located in Public Rights-of-WaX, Appendix B Wireless Facilities Standard Terms and Conditions. 13) AJCC, Vol. I, Ch. 13: Public Works, Article 13-4: Small Wireless Facilities Located in Public Rights-of-Way, § 13-4-1: Purpose. 12 14) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-6: Home Based Occupations. 15) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-7: Equestrian Activities and Uses. 16) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-14: Airports and Helipads. 17) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-16: Alternative Energy Structures and Equipment. 18) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1- 6-23(B)(2)(f): Temporary Uses and Structures. 19) AJCC, Vol. II, Ch. 1: Zoning Ordinance, Article 1-16: Administration, § 1-16-12: Conditional Use Permits, Administrative Use Permits and Building Permits. 20) AJCC, Vol. II, Ch. 8: Communications, Article 8-1: Wireless Communications Facilities, § 8-1-5(D): General Site Development Regulations. § 11-1-9 44: PENALTY A) A violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and any person who violates any of the provisions of this chapter is subject to being summoned into court by a citation or long form complaint for the following: 1) FIRST OFFENSE: civil charge, civil penalty of$350; 2) SECOND OFFENSE within a 24 consecutive month period after first offense: civil charge, civil penalty of$600; 3) THIRD OFFENSE within a 24 consecutive month period after first offense, as well as all subsequent offenses thereafter: class 1 misdemeanor criminal charge, criminal fine of $1,000, and other allowable criminal misdemeanor penalties. pr-opefty ewner­v�,ho shall be damaged by the viaia4ion of any pf!ovisien of this ehaptef!, in addition to other- r-emedies provided by law, may ifistitt4e injttiietive, abatement or- any other- appr-opr-i relief of p-.,...Irons to p ,mot ., abate this Hype of publie 13 B) The responsible party shall receive the progressively higher dollar amount penalties noted above upon a finding of responsibility for any violation. Such dollar amounts are not subject to judicial reduction. Each day a violation continues or exists shall be considered a separate offense. B) Any per-son or-per-sons making a eomplaint on a residential or- eommer-eial pr-opei4y where no shot4 fefm eitation or-long fot:Fn summons and eemplaint has been issued after-the third instaneee,z the per-soft or per-sons making the eemplaint may be subjeet to an adminis4a4ive fee of two hundr-ed eommer-eial pr-opeAy, if no eitation or-long fefm summons and eemplaint is issued after-the th instanee, it will be a4 the diser-etion of the ehief of poliee or- eommander-to not respond or- follow G) Any per-son who shall violate any of the P, f this Chapter- or- the City of Apaehe- Tunetio !-ode ., amended herein shall be guilty of a eivil infr-aetion. D) The penalty for- a per-son figund responsible for a first Ivielation shall reeeive a mandatory miaiffmm fine of two I+ttndr-ed and fifty dollars ($250.00) for-a seeond violation; and a mandatory minimum fine of five hundr-ed dolld s ($500.00) fer a third or subsequent vielation. E) The CottA may, in its own diseFetion, grant cost reeavery for-law enfer-ee-ment ser-Viees anwor.- establish a , .o F) Eaeh stibseqoefit violation shall be a separate offense,ptmishable as her-einabove deser-ibed. 14 ORDINANCE NO. 1492 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY ADDING NEW CHAPTER 11 : NOISE, AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11 : NOISE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND REPEALING ANY CONFLICTING PROVISIONS . WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") §§ 9-240 and 9-276 allows cities to enact regulations regarding noise; and WHEREAS, on June 2, 2020 and on July 6, 2020, council directed staff and clarified its, direction respectively, to create a comprehensive noise ordinance to include decibel measurements; and WHEREAS, work sessions on March 16, 2020, August 3, 2020 and August 17, 2020 as well as public hearings on August 4, 2020 and August 18, 2020 were held to discuss the proposed changes to the general noise regulations of the city; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy of the code or public record are filed in the office of the city clerk of the municipality and are made available for public use and inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That new Chapter 11 : Noise, be created within existing Apache Junction City Code, Vol . I . (currently Chapter 11 is reserved) . 2 . That certain document known as "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy of which are accessible on the city' s website and filed ORDINANCE NO. 1492 PAGE 1 OF 3 in the office of the city clerk, which document was made a public record by Resolution No . 20-24 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III PROVIDING FOR PENALTIES Any violation of any provision of this ordinance, or any provisions adopted herein, shall be punishable with civil and criminal (class 1 misdemeanor) consequences consistent with Apache Junction City Code, Vol . I, Chapter 11 : Noise, Section 11-1-9 : Penalty. SECTION IV REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk ORDINANCE NO. 1492 PAGE 2 OF 3 APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1492 PAGE 3 OF 3 DECIBEL SCALE 14o dB Threshold . Fireworks 13o dB jet Engine 12o dB siren no & Trombone too dB Helicopter go dB Hair Dryer So dB Very Loud Truck 7o dBMMMMff___ Car -:19 0.; 6o dB 1kVTTM-FTrTr.TeMM1, Conversation 5o dE Refrigerator 4o dB Rain 3o dB Rustle of Leaves J O aodB Whisper "t 10 dB BreathrUA o dB NOISE LEVELS BY DECIBELS PrecisionPneumatic Chain Saw Hammer Drill 114 Spray Pa inter- 1 Hand Drm • NIOSH Recommended Exposure Limit 85 l4ormal Conversation • 1 Whisper1 JMsseav/� //1 2Q0 / � �=ha=ll=tiwre�. CPtxm • THE CENTER FOR CONSTRUCTION f Ottupational Sak and Nea/th �,�,1` III//f/���©� RESEARCH AND TRAINING �fbbdYa Sources: NIOSH Noise Meter http://www.cdc.gov/niosh/topics/noise/noisemeter_htm1/hp98.htm1 NIOSH Power Tools Data Base http://wwwn.cdc.gov/niosh-sound-vibration/ r Mr. Da Vee stated that the alternative funding was a recommendation of the Council to the Alliance which changed the original proposal and resulted in shaving about $5,000 of Apache Junction cost originally proposed, and has been agreed to by the other governmental agencies. Councilman Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR PARTICIPATION BY THE CITY IN A SOLID WASTE MANAGEMENT STUDY, BE ACCEPTED AS PRESENTED; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXPEND FUNDS AND PARTICIPATE ACCORDINGLY AS OUTLINED IN THE AGREEMENT. motion. Councilwoman Perkins seconded the VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD THE CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY ) ) Mr. Da Vee explained that this Complaint Processing Policy outlines what information the employee needs to obtain and what information he needs to give to the complaintant, and that the overall working of this policy will eliminate a necessity for citizens to call back to find out the outcome of their complaint. Councilman Uamiano MOVED THAT RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY, BE APPROVED AND ADOPTED. motion. Councilman Connolly seconded the VOTE: Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: DIRECTION ON RECRUITMENT FOR CITY MANAGER POSITION Councilman Burgess pointed out that with the issues coming up in the near future such as Home Rule, it is important REGULAR MEETING OF THE CITY COUNCIL JANUARY 3, 1988 PAGE 10 RESOLUTION NO. 88-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARJZONA, COMPLAINT PROCESSING POLICY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: That certain document entitled, City of Aoache Junction, Arizona, Complaint Processing Policy, three copies of which are on file with the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be public record and official City policy and said copies are hereby ordered to remain in file with the office of the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF JANUARY 1989. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY 1989. 0 MAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DA I - ALEXAN City Attorney Resolution No. 88-41 Page One of One CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY Purme: The purpose of this policy is to provide for the fair, efficient, and uniform treatment of complaints made to the City of Apache Junction, Citizen Complaints In General: When an employee receives a citizen complaint, the following actions shall Occur: I. The complaint shall be directed as soon as is feasible to the employee responsible for working with citizen complaints. L. The investigating employee shall obtain all pertinent facts; e.g., dates, time of day, location, identity of participants, and so forth. 3. The investigating employee shall advise the complainant that the complainant's name will not be used in the processing of the complaint. The name, address, and telephone number, of the caller should be obtained for purposes of followup. If the complainant wishes to remain anonymous, he or she should be advised that the complaint will be processed on the basis of the information given. The complainant should be advised that if preliminary investigation does not substantiate the complaint, and the complainant does not call within one week so that the investigating employee can obtain additional information, the case will be closed. If the caller wishes to be advised about the outcome, it will be up to him or her to call the employee. The Investigating employee should indicate when resolution could reasonably be expected 4. Preliminary information available from City files, other sources, or drive-by inspection should be obtained and reviewed by the investigating employee prior to formal notice or inquiry of citizens or property owners alleged to be parties or participants to or in the complaint. If preliminary information reviewed does not support the allegation of code violation or wrong-doing, the Investigating employee should contact the caller for more information, if the complainant is anonymous and does not call within one week, the case should then closed. S. If, after review of preliminary information available, drive-bys or other preliminary investigative procedure are supported, the investigating employee shall initiate formal notice, issue appropriate citatfon(s), or pursue other administrative action supported by the Code. The investigating employee should make a cal i to the complainant advising him or her of the corrective measures being taken and the anticipated date of conclusion. In the case of anonymous complainants, such followup is only possible when the complainant contacts the investigating employee. Citizen Complaints About an Employee: Complaints about employees shall be handled by the City Managers Office. When an employee receives a complaint about a City Employee, the following steps shall occur: 1. The employee shall notify his/her department director. 2, The department director shall notify as soon as is feasible the City Managers office. 3. If the City Manager or the City Manager's designee deems the complaint to be noncriminal in nature, the City Manager will Initiate an internal investigation, followed by possible personnel action. 4. 1f the City Manager or the City Manager's designee deems the complaint to be criminal in nature, the case will be coordinated with the appropriate law enforcement agencies, followed by possible personnel action Questions Concerning the Processing of Citizen m lai ts: Questions concerning this policy should be directed to the City Manager or the City Manager's designee. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. Piz File ID: 20-405 Sponsor: Joel Stern Agenda Date: 8/17/2020 Index: In Control: City Council Work Session Presentation and discussion on Ordinance No. 1493 amending Apache Junction City Code, Volume I, Chapter 10: Offense, Article 10-1: Offenses; General, by repealing and replacing in its entirety section 10-1-12, Noise, subsection (A); providing for severability; providing for penalties; and repealing any conflicting provisions. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ORDINANCE NO. 1493 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 10 : OFFENSES, ARTICLE 10- 1 : OFFENSES; GENERAL, BY REPEALING AND REPLACING IN ITS ENTIRETY SECTION 10-1-12, NOISE, SUBSECTION (A) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES AND REPEALING ANY CONFLICTING PROVISIONS . WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") §§ 9-240 and 9-276 allows cities to enact regulations regarding noise; and WHEREAS, on August 3, 2020, council directed staff to change the language of Apache Junction City Code, Vol . I, Chapter 10 : Offenses, Article 10-1 : Offenses; General, Section 10-1-12 (A) regarding the playing of loud music; and WHEREAS, work sessions on March 16, 2020 and August 3, 2020 as well as public hearings on August 4, 2020 and August 18, 2020 were held to discuss the proposed changes to the general noise regulations of the city, inclusive of § 10-1-12 (A) . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL Apache Junction City Code, Vol . I, Chapter 10 : Offenses, Article 10-1 : Offenses; General, Section 10-1-12 : Noise, subsection (A) , is hereby amended as follows : Section 10-1-12 (A) : It is hereby declared to be a public nuisance and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device, in violation of the decibel levels set forth in Table 1 of Apache Junction City Code, Vol . I, Chapter 11 : Noise. oin R ans in siae a leder ,an,es,ealm ffianneLn as t-ems: o f€ensi�e—f-e *-:he senses, er se as t-e dis t� the sliamber, p e e, and qd i e t e r ear Terri= r ter€eEe with er anney the eemfert-able—enjeyffient of 11fe—er pEepertyef ark Bens-i d e r a b 1-e�;�e r o f pf s e��re n=i J'�b treed' ''n �e 1-ee s n nuisan..e a d s e the—eiEtent e f the anneyanee -rlieteel is ORDINANCE NO. 1493 PAGE 1 OF 2 SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code or regulation adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III PROVIDING FOR PENALTIES Any violation of any provision of this ordinance, or any provisions adopted herein, shall be punishable with civil and criminal (class 1 misdemeanor) consequences consistent with Apache Junction City Code, Vol . I, Chapter 11 : Noise, Section 11- 1-9 : Penalty. SECTION IV REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1493 PAGE 2 OF 2