HomeMy WebLinkAboutORD1492ORDINANCE 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 /A?DAY OF (2/1 2020.
SIGNED AND ATTESTED TO THIS a DAY OF ( 2.0 ,5/664 , 2020.
i1
JEFFJEFF 4!1'DY /
Mayor
ATTEST:
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NNIFEWPE&A
City Clerk
ORDINANCE NO. 1492
PAGE 2 OF 3
APPROVED AS TO FORM:
<:g?'32o
R. JOEL STERN
City Attorney
ORDINANCE NO. 1492
PAGE 3 OF 3
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
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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 S1.4-1971 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.
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I)Classification of use districts (residential,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 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
l(Residential) RS -20, RS -20M, RS -10, RS -10M, RS -7,
!RS -7M,RS -5,RM-1,RM-2,RM-3,MHP,RVP,65 dBA (7:00 a.m. - 10:00 p.m.);
IMPC,RS-GR, RS -54, RS -54M 60 dBA (10:00 p.m. - 7:00 a.m.)
i1I (Commercial or Business) B-1, B-2, B-3 65 dBA (7:00 a.m. - 10:00 p.m.);
60 dBA 7:00(10:00 p.m. -a.m.)
(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.)
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 party's building footprint.
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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 complainant will be informed that a warning has been
issued.Additional warnings shall be provided by the officer to the owner or manager of
the offending property if they have not had violations within sixty (60) calendar days from
the date of the last warning.All warnings will be documented in the police department's
computer aided dispatch ("CAD") system or by department report.
2) If the maximum decibel levels in Table 1 are subsequently exceeded within sixty (60)
calendar days from the date of the last warning that was given the police officer shall issue
a citation to the owner or manager of the offending property with a date to appear in court.
If the owner or manager of the offending property 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;
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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. I, Ch. 10:Offenses,Article 10-1:Offenses; General,§10-1-12 (B):Noise
(mufflers).
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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 -Way,Appendix B Wireless Facilities Standard Terms and Conditions.
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13) AJCC, Vol. I, Ch. 13:Public Works,Article 13-4:Small Wireless Facilities Located
in Public Rights -of -Way,§ 13-4-1:Purpose.
14) AJCC, Vol. II, Ch. 1:Zoning Ordinance,Article 1-6:Supplemental Regulations,
6-6:Home Based Occupations.
15) AJCC, Vol. II, Ch. 1:Zoning Ordinance,Article 1-6:Supplemental Regulations,
6-7:Equestrian Activities and Uses.
16) AJCC, Vol. II, Ch. 1:Zoning Ordinance,Article 1-6:Supplemental Regulations,
6-14:Airports and Helipads.
17) AJCC, Vol. II, Ch. 1:Zoning Ordinance,Article 1-6:Supplemental Regulations,
6-16:Alternative Energy Structures and Equipment.
18) AJCC, Vol. II, Ch. 1:Zoning Ordinance,Article 1-6:Supplemental Regulations,
6-23(B)(2)(f):Temporary Uses and Structures.
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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.
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