Code of Ordinances Amendment - Title 6 Prohibited / Exempt Noises Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Title 6 Prohibited /
Exempt Noises
SUMMARY: City Manager recommending approval of amendments to
Ordinance 6-5-1 Prohibited Noises by broadening the
scope of prohibited noises and Ordinance 6-5-3 regarding
Exempt Noises by removing the disorderly conduct
exemption.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 5 Noises, Section 6-5-1 Prohibited
Noises by Broadening the Scope of Prohibited Noises
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 5 Noises, Section 6-5-3 Exempt
Noises by Removing the Disorderly Conduct Exemption
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Amendments to Ordinances City Manager Memo
Staff Memo Staff Memo
Ordinance 6-5-1 Prohibited Noises Ordinance
Ordinance 6-5-3 Exempt Noises Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendments to Ordinances 6-5-1 and 6-5-3
DATE: January 24, 2017
Assistant City Attorney Maureen Quann recommends City Council approval of
amendments to Ordinance 6-5-1 Prohibited Noises by broadening the scope of
prohibited noises and Ordinance 6-5-3 regarding Exempt Noises by removing the
disorderly conduct exemption. The proposed amendments create a pathway by which
police officers can now issue civil citations for loud or excessive noise that disturbs the
peace and quiet of a neighborhood. The amendments do not limit, restrict, or prohibit
an officer from issuing a criminal citation but merely add another option to the
enforcement tool box.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CPTY OF
DUB bE MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY ' r l
To: Michael C. Van Milligen
City Manager
DATE: January 20, 2017
RE: Amendments to Ordinances 6-5-1 and 6-5-3
This memorandum presents proposed amendments to the City of Dubuque Code of
Ordinances (City Code) Sections 6-5-1 and 6-5-3 for your review and City Council
consideration.
City Code Section 7-5A-1 , Disorderly Conduct, provides several different scenarios
under which the Police Department may cite individuals criminally, including excessive
noise. Section 7-5A-1(C) states that a person shall not "[w]ilfully permit upon any
premises owned, occupied, possessed or controlled by such person any unusually loud
or excessive noise in such a manner calculated to provoke a breach of the peace of
others, or the public quiet of the neighborhood."
Section 1-4-2 of the City Code states:
Except those provisions specifically provided under state law as a felony,
an aggravated misdemeanor, or a serious misdemeanor or a simple
misdemeanor under chapters 687 through 747 of the code of Iowa, the
doing of any act prohibited or declared to be unlawful, an offense or a
misdemeanor by this code, or any ordinance or code herein adopted by
reference, or omission or failure to perform any act or duty required by this
code, or any ordinance or code herein adopted by reference, is a
"municipal infraction" and is punishable by civil penalty as provided herein.
Iowa Code Section 723.4 governs disorderly conduct and falls between Chapters 687
and 747. Therefore, the Police Department may issue criminal citations under City
Code Section 7-5A-1 but not civil citations. Some instances exist in which police
officers would like to issue civil citations for loud or excessive noise that disturbs peace
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL mquann@cityofdubuque.org
and quiet within the community because that noise level is prohibited under City Code —
not because that noise constitutes disorderly conduct (a criminal charge).
For instance, when individuals host a gathering in their home, and the noise from that
gathering rises to a level that disturbs other neighbors, police officers would like the
flexibility to issue either criminal or civil citations, depending on whether the
circumstances rise to the level of disorderly conduct or merely prohibited noise. The
proposed amendments to the City of Dubuque Code of Ordinances sections 6-5-1 and
6-5-3 create a pathway by which police officers can now issue civil citations for loud or
excessive noise that disturbs the peace and quiet of a neighborhood. The amendments
do not limit, restrict, or prohibit an officer from issuing a criminal citation but merely add
another option to the enforcement toolbox.
The proposed amendment to Section 6-5-1 broadens the scope of prohibited noises.
As Section 6-5-1 is currently written, the Police Department can only enforce against
noises generated in any park or public place. The proposed amendment strikes the
"park or public place" language so noises generated in public places or on private
property may constitute prohibited noises under the City Code if the noise disturbs "the
peace and quiet of any neighborhood" or cause "discomfort or annoyance to any
reasonable person of normal sensitivities."
In addition to a proposed amendment to Section 6-5-1, Prohibited Noises, an
amendment to Section 6-5-3, Exempt Noises, is simultaneously proposed. As currently
written, Section 6-5-3 states: "Noise created by human behavior and generally
considered to be disorderly conduct shall be exempt from the provisions of this chapter
and regulated under section 7-5A-1 of this code." As previously discussed, violations
written under Section 7-5A-1 must be criminal violations under City and Iowa Code.
The proposed amendment to Section 6-5-3 removes this exemption and, in conjunction
with the broadening of Section 6-5-1, creates the ability for the Police Department to
civilly enforce against prohibited noises under Section 6-5-3 but preserves the right to
enforce criminally against loud or excessive noise rising to the level of disorderly
conduct under Section 7-5A-1.
Attached is a copy of the proposed amendments for your review.
I recommend that the proposed amendments to City Code Sections 6-5-1 and 6-5-3 are
forwarded to the City Council for review, consideration, and approval, creating a civil
enforcement option for prohibited noises, thereby providing the Police Department with
an additional enforcement option in many noise related situations.
Enclosures
cc: Mark Dalsing, Chief of Police
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 (MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAX (563)583-1040/EMAIL mquann@cityofdubuque.org
Prepared by: Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589-4381
ORDINANCE NO. 4-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION
6-5-1 PROHIBITED NOISES BY BROADENING THE SCOPE OF PROHIBITED
NOISES
Section 1. Section 6-5-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-5-1: PROHIBITED NOISES:
No person shall cause or permit any loud and excessive noise that results in annoyance
or discomfort to a reasonable person of normal sensitivities. Without limiting or
precluding enforcement of any other provision of this chapter or this code, the following
are hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device
such as that on any automobile, motorcycle, bus or other vehicle on any street or
public place of the city, except as a danger warning, or the sounding of any such
device for an unnecessary and unreasonable period of time.
B. Crying Of Wares: The sale by outcry within any area of the city zoned for
residential uses. However, this subsection shall not be construed to prohibit the
selling by outcry of merchandise, food and beverages at licensed sporting
events, parades, fairs, circuses and other similar licensed public entertainment
events, nor to prohibit the selling of newspapers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occupied
or controlled by any person, any animal or fowl otherwise permitted to be kept
which, by any sound or cry, shall cause annoyance or discomfort to a reasonable
person of normal sensibilities.
D. Loading, Unloading, Opening Boxes: The creation of any loud and
excessive noise in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and
excessive noise on any street adjacent to any school, institution of learning,
church or court while same is in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which disturbs or
unduly annoys patients in the hospital.
F. Construction Or Repair Of Buildings: The creation of any loud or
excessive noise resulting from erection, excavation, demolition, alteration or
repair of any structure or building except between the hours of seven o'clock
(7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, and nine
o'clock (9:00) A.M. and six o'clock (6:00) P.M. on Saturday and Sunday.
G. Pile Drivers, Hammers: The operation of any pile driver, pneumatic
hammer, derrick, power hoist or other construction equipment, except between
the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday
through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday
and Sunday, and when so permitted, only if equipped with an effective muffling
device.
H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse
or recyclables in any area zoned residential except between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) RM. of any day and, when so
permitted, only in a manner so as not to create a loud or excessive noise.
Vehicle Repairs: The creation of loud and excessive noise resulting from
the repair or rebuilding of any motor vehicle within any residential area of the city
except between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M.
daily but only in such a manner that a reasonable person of normal sensitivities
residing in the area will not be caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine,
including a steam engine, internal combustion engine, motorboat or motor
vehicle or the discharge of air or other gases except through a muffler or other
device that will effectively prevent loud or explosive noises therefrom.
K. Stationary Machinery, Equipment And Fans: The operation of any
immobile machine, equipment, pump, fan or similar mechanical device in any
manner so as to create any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other
provision of this chapter or code, and in addition thereto, it shall be unlawful for
any person to make or continue or cause to be made or continued any loud,
unnecessary, or unusual noise which disturbs the peace or quiet of any
neighborhood or which causes discomfort or annoyance to any reasonable
person of normal sensitivities.
M. Outdoor Music Or Amplified Noise: The making or continuing to make any
outdoor music or amplified noise between the hours of ten o'clock (10:00) P.M.
on Sunday and nine o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on
Monday and nine o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) P.M. on
Tuesday and nine o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on
Wednesday and nine o'clock (9:00) A.M. on Thursday, ten o'clock (10:00) P.M.
on Thursday and nine o'clock (9:00) A.M. on Friday, twelve o'clock (12:00)
midnight on Friday and nine o'clock (9:00) A.M. on Saturday and twelve o'clock
(12:00) midnight on Saturday and nine o'clock (9:00) A.M. on Sunday, when the
person making or causing to make such music or noise knows or reasonably
should know the music or noise would disturb the peace of a reasonable person.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 6th day of February, 2017.
Roy D. Buol, M
Attest:
Trish L. Gleason, Assistant City Clerk
EFFECT OF AMENDMENT
6-5-1 : PROHIBITED NOISES:
No person shall cause or permit any loud and excessive noise that results in annoyance
or discomfort to a reasonable person of normal sensitivities. Without limiting or
precluding enforcement of any other provision of this chapter or this code, the following
are hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device
such as that on any automobile, motorcycle, bus or other vehicle on any street or
public place of the city, except as a danger warning, or the sounding of any such
device for an unnecessary and unreasonable period of time.
B. Crying Of Wares: The sale by outcry within any area of the city zoned for
residential uses. However, this subsection shall not be construed to prohibit the
selling by outcry of merchandise, food and beverages at licensed sporting
events, parades, fairs, circuses and other similar licensed public entertainment
events, nor to prohibit the selling of newspapers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occupied
or controlled by any person, any animal or fowl otherwise permitted to be kept
which, by any sound or cry, shall cause annoyance or discomfort to a reasonable
person of normal sensibilities.
D. Loading, Unloading, Opening Boxes: The creation of any loud and
excessive noise in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and
excessive noise on any street adjacent to any school, institution of learning,
church or court while same is in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which disturbs or
unduly annoys patients in the hospital.
F. Construction Or Repair Of Buildings: The creation of any loud or
excessive noise resulting from erection, excavation, demolition, alteration or
repair of any structure or building except between the hours of seven o'clock
(7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, and nine
o'clock (9:00) A.M. and six o'clock (6:00) P.M. on Saturday and Sunday.
G. Pile Drivers, Hammers: The operation of any pile driver, pneumatic
hammer, derrick, power hoist or other construction equipment, except between
the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday
through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday
and Sunday, and when so permitted, only if equipped with an effective muffling
device.
H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse
or recyclables in any area zoned residential except between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M. of any day and, when so
permitted, only in a manner so as not to create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting from
the repair or rebuilding of any motor vehicle within any residential area of the city
except between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M.
daily but only in such a manner that a reasonable person of normal sensitivities
residing in the area will not be caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine,
including a steam engine, internal combustion engine, motorboat or motor
vehicle or the discharge of air or other gases except through a muffler or other
device that will effectively prevent loud or explosive noises therefrom.
K. Stationary Machinery, Equipment And Fans: The operation of any
immobile machine, equipment, pump, fan or similar mechanical device in any
manner so as to create any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other
provision of this chapter or code, and in addition thereto, it shall be unlawful for
any person to make or continue or cause to be made or continued any loud,
unnecessary, or unusual noise which disturbs
the peace or quiet of any neighborhood or which causes discomfort or
annoyance to any reasonable person of normal sensitivities.
M. Outdoor Music Or Amplified Noise: The making or continuing to make any
outdoor music or amplified noise between the hours of ten o'clock (10:00) P.M.
on Sunday and nine o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on
Monday and nine o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) P.M. on
Tuesday and nine o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on
Wednesday and nine o'clock (9:00) A.M. on Thursday, ten o'clock (10:00) P.M.
on Thursday and nine o'clock (9:00) A.M. on Friday, twelve o'clock (12:00)
midnight on Friday and nine o'clock (9:00) A.M. on Saturday and twelve o'clock
(12:00) midnight on Saturday and nine o'clock (9:00) A.M. on Sunday, when the
person making or causing to make such music or noise knows or reasonably
should know the music or noise would disturb the peace of a reasonable person.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 10, 2017, and for which the charge is $59.51.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 /7 .
/Notary Public in and for Dubuque County, Iowa.
MARY K STERMEY,
Commission Number I 548
My Commission Exp. Fe. .1, 20v
• OFFICIAL
PUBLICATION
ORDINANCE NO. 4-17
AMENDING, CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH, HOUSING,
SANITATION AND EN-
VIRONMENT, CHAP-
TER 5
HAP=TER.5 NOISES, SEC-
TION 6 5 1 PROHIBIT-
ED NOISES BY
BROADENING THE
SCOPE OF PROHIBIT=
ED NOISES
Section 1. Section 6-5-
1 of the City of, Dubu-
que Code of Ordinan-
ces is amended to read I',
as follows:
6-5-1: PROHIBITED'.
NOISES:
' No person shall cause
or permit any loud and 1
excessive noise that'
. results in annoyance or.
discomfort to a'reason-
able person of normal 1
sensitivities. Without
limiting or precluding
enforcement of any
other provision pf this II
chapter ' or this code,
the following are here-
edhibitepk.
ornr Srgnal4n'g
lq "i'fiis� souiidriig
of any''horn or 'Signal-
ing
ignal-ing device such as that
on any automobile„'1
motorcycle,' bus or oth- 1
er vehicle on any street
or ,public ,.place :of the
city, except as a dan-
ger warning, or the
sounding of any such
device for an unneces-
sary and unreasonable
period of time.
B. Crying Of Wares:
The sale by outcry
within any area of the
city zoned for residen-
tial uses. However, this
subsection shall, not be
construed to prohibit
the selling by outcry of
merchandise, food and
beverages -at licensed
sporting events, pa-
rades, fairs, circuses
and other similar li-
censed public enter-
tainment events, nor to ;
•
prohibit the selling of
newspapers by outcry.
C. Animals And Fowl: 1
The keeping of, Upon'.
any premises owned,
occupied or controlled
by any person, any ,ani-
mal or fowl otherwise
permitted to be kept -
which, by -any sound br
cry, shall cause annoy-
ance or discomfort to a
reasonable person of
normal sensibilities. •
D. Loading, Unloading,
Opening Boxes: The
creation of any loud
and excessive noise in
connection with load-
' ing or unloading, any
vehicle or the opening
and destruction of
bales,,, boxes, crates
and containers. •
E. Schools, Courts,
Churches, Hospitals:
The , creation of • any '
loud • :and excessive
noise on any street ad-
jacent to any school,
institution of learning,
church or court while
• same is. in use, or adja-•
cent to any •hospital,
which unreasonably in-,
terferes'with the work-
ings of such institution,
or which disturbs or
unduly annoys patients
in the hospital.
F. Construction Or Re-
pair Of Buildings: The
creation of any loud or',
excessive noise result-
ing from erection,- ex-
cavation, demolition,
alteration or repair of
any structure or build-
ing except between the
hours- of seven o'clock
(7:00) A.M. and eight
o'clock (8:00) P.M.,
Monday through Fri-
day; and nine o'clock
• (9:00) A.M. and six
o'clock (6:00) P.M. 'on
Saturday and Sunday:
G. Pile Drivers, Ham-
mers: The operation of
any pile driver, pneu-
matichammer, derrick,
power hoist or other
construction equip-
ment, except, between,
the hours of eight,
o'clock (8:00) A.M. and
six o'clock (6:00) P,M:;,
Monday through Fri-
day, and nine, o'clock
(9:00) A.M. and six
o'clock (6:00) P.M., Sat-
urday and Sunday, and
when so permitted, on-
ly if equipped with an
effective muffling de-
vice.
H. ' Refuse Or
Recyclables Collection:,
The collection of, gar-
bage, trash,.refuse or
recyclables in any area
zoned residential ex-
cept between the
hours of six o'clock
(6:00) A.Mi .and nine
o'clock ' (9:00) P.M. of
any day and, whenso
permitted, only in, a
manner so as not to
create aloud or exces-
sive noise.
I. Vehicle Repairs: The,
creation of loud and
excessive noise result-
ing from the repair or
rebuilding of any motor
vehicle within any resi-
dential area of the city
except .between the
hours ofnine o'clock,
(9:00) A.M. and nine
o'e`lock (9:00) P:M. dai-
ly but only in such a
manner that a reasona- 1
ble person •of normal
sensitivities residing, in
the area will not be
caused discomfort or
'annoyance.
J. Exhausts: The dis-
charge into the open
air of the exhaust of
any engine, including a
steam engine, internal
combustion engine,
-motorboat or motor ve-
hicle or the discharge
of air or other gases
except through a muf-
fler or other device
that will effectively
prevent loud or explo-
sive noises therefrom.
K. Stationary Machi-
nery, Equipment And
Fans: The operation' of
any immobile machine,
equipment, pump, fan
or similar mechanical
device in any manner
so as to create any
loud and , excessive
noise.
L. Loud, Unnecessary
Or Unusual Noise: Not-
withstanding any other
provision of this chap-
ter or code, and in ad-
dition thereto, it shall
be unlawful for any
person to make or con-
tinue or cause to be
made or continued any I
loud, unnecessary, or
unusual noise which.
disturbs the peace or
quiet of any neighbor-
hood or which causes
discomfort or annoy-
ance to any reasonable
person of normal sen-
sitivities.
M. Outdoor Music Or
Amplified Noise: The
making orcontinuing
to make any outdoor
music - or amplified
noise between the
hours of ten o'clock
(10:00) P.M. on Sunday
and nine o'clock (9:00)
A.M. on Monday, ten
o'clock (10:00) P.M. on
Monday and' hine
o'clock (9:00) A.M: on
Tuesday, ten o'clock
(10:00) P.M. on Tues-
day
ues day and nine o'clock
(9:00) A.M. on Wednes-
day, ten o'clock (10:00)
P.M. on Wednesday•,
and nine o'clock (9:00)
A.M. on Th'ur-sday,;,ten.
o'elock(1(T00) P=Miro'„
Thursday and -''nine
o'clock (9:00) A.M. on
Friday; twelve o'clock
(12:00) midnight on Fri.:
day and nine o'clock
(9:00) A.M. on Saturday
and twelve o'clock
(12:00) midnight on
Saturday and nine
o'clock (9:00) A.M. on
Sunday, when the per-
son making
er-son-making or causing '
to make such music or
noise knows or reason-
ably should know the '
music or noise would
disturb the peace of a
reasonable person.
Section 2. This Ordi-
nance takes effect on
publication. •
1Passed, approved,
and ' adopted the 6th
day of February, 2017.
/s/Roy D. Buol, Mayor
Attest:/s/Trish L.
Gleason, Assistant City
Clerk
Published officially in
the Telegraph Herald
newspaper on the 10th
day of February, 2017:
/s/Trish, L. Gleason, As- '
sistant City Clerk
1t 2/10.
Prepared by: Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589-4381
ORDINANCE NO. 5-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
3 EXEMPT NOISES BY REMOVING THE DISORDERLY CONDUCT EXEMPTION
Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-5-3: EXEMPT NOISES:
The following noises are exempt from the provisions of this chapter:
A. Emergency Operations: Emergency short term operations that are
necessary to protect the health and welfare of the citizens, such as emergency
utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be
exempt from the prohibition of section 6-5-1 of this chapter; provided, that
reasonable steps shall be taken by those in charge of such operations to
minimize noise emanating from the same.
B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter
shall not apply to any noise required specifically by law for the protection or
safety of people or property.
C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers,
small lawn and garden tools, riding tractors and snow removal equipment that is
necessary for the maintenance of property, if kept in good repair and
maintenance, shall be exempt from the prohibition of section 6-5-1 of this
chapter. No person shall operate such equipment, however, with the exception of
snow removal equipment, except between the hours of eight o'clock (8:00) A.M.
and sunset, Monday through Friday, and nine o'clock (9:00) A.M. to sunset,
Saturday and Sunday.
D. Residential Air Conditioners: Noise emitted by residential air conditioners
shall be governed by section 6-5-4 of this chapter.
E. Airplanes: Aircraft operations that are controlled specifically by federal law
shall be exempt from the prohibition of this chapter.
F. Bells, Chimes: Bells, chimes and similar devices that signal the time of
day and operate during the daytime hours for a duration of no longer than five (5)
minutes in any given one hour period shall be exempt from the prohibition of
section 6-5-1 of this chapter.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 6th day of February, 2017.
Roy D. Buol, ayor
Attest:
Trish L. Gleason, Assistant City Clerk
EFFECT OF AMENDMENT
6-5-3: EXEMPT NOISES:
The following noises are exempt from the provisions of this chapter:
A. Emergency Operations: Emergency short term operations that are
necessary to protect the health and welfare of the citizens, such as emergency
utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be
exempt from the prohibition of section 6-5-1 of this chapter; provided, that
reasonable steps shall be taken by those in charge of such operations to
minimize noise emanating from the same.
B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter
shall not apply to any noise required specifically by law for the protection or
safety of people or property.
C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers,
small lawn and garden tools, riding tractors and snow removal equipment that is
necessary for the maintenance of property, if kept in good repair and
maintenance, shall be exempt from the prohibition of section 6-5-1 of this
chapter. No person shall operate such equipment, however, with the exception of
snow removal equipment, except between the hours of eight o'clock (8:00) A.M.
and sunset, Monday through Friday, and nine o'clock (9:00) A.M. to sunset,
Saturday and Sunday.
D. Residential Air Conditioners: Noise emitted by residential air conditioners
shall be governed by section 6-5-4 of this chapter.
E. Airplanes: Aircraft operations that are controlled specifically by federal law
shall be exempt from the prohibition of this chapter.
F fliserderly GO RGliin#- Nnise aFeated by human behavior Rd OeRe.ally
nnnsirlere rl #n he d0so Fderly Gond,in# shell he exempt £rem the PFOVOGOORG Of #his
nhan#er and regulated i Rder sen#inn 7 5.41 Of this nerle
G Bells, Chimes: Bells, chimes and similar devices that signal the time of
day and operate during the daytime hours for a duration of no longer than five (5)
minutes in any given one hour period shall be exempt from the prohibition of
section 6-5-1 of this chapter.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 10, 2017, and for which the charge is $26.81.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this //f/j day o�,g, , 20/7 .
Notary Public in and for Dubuque County, Iowa.
,.'"t •„ MARY K WESTERMEYER
T:
Commission Number 154885
My Commission Exp. Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE',NO. 5-17
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH, HOUSING,
SANITATION AND EN-
VIRONMENT, CHAP-
TER '5 ' -'NOISES, SEC-
TION 6+3 EXEMPT
NOISES BY REMOV-
ING THE DISORDERLY
CONDUCT EXEMP-
TION '
Section 1. Sections 6-1
of the City of Dubu, I
que Code of Ordinan-
ces is amended to read
as follows:
6-5-3; EXEMPT NOIS-
ES:
The following noises
are exempt from the.;
provisions of this chap-
.ter: .
A. Emergency Opera-
tions: Emergency short
term operations that
are necessary to pro-
tect -
rotect- the health-, and
welfare of the citi2ens,
such as emergency
utility and street re
pair, fallen tree remov
al or emergency fuel•oil
delivery, shall be ex
empt from the prohibi- I
tion of section 6-5-1 of I
this chapter; provided,,
that reasonable steps;
shall be taken by those
in charge of such oper-
ations to minimize 1
noise emanating from!
the same. _ 1
B. Noise Required By
Law: The prohibltion of
section 6-5-1- of. -this
chapter Shall not apply
to any noise required
Specifically by law for
the protection or safe-
ty of people or proper- I
ty.
C. Lawn Mowers, Gar-
den Tools: Powered
equipment, such as
lawn mowers, small
lawn and garden tools,
riding .'tractors and'
snow removal equip -J,
ment that is necessary
for the maintenance of
property, if - kept in
good repair and main- I
tenanse, shall be ex
empt from the prohibi-
tion of section 6-5-1 of
this chapter. No person
shall operate such,
equipment,. however,
with the exception of
snow removal equip-
ment, except between
the 'hours •of eight
'o'clock (8:00) A.M. and
sunset, ' ` Monday
through. Friday, and
nine o'clock_(9:00) A.M.
to sunset, Saturday
and Sunday.
D. Residential Air Con-
ditioners: Noise . emit-
ted by residential air
conditioners shall be.
, governed by section 6-
5-4 of this chapter.
E. Airplanes: Aircraft
operations that are
controlled specifically',
by federal lawshall be
exempt from the pro-
hibition of this chapter. !
F. Bells, Chimes: Bells,
chimes and similar de=
vicesthat signal the.'
time of day and oper-
ate during the daytime
hours fora duration of
no longer than five (5)
minutes in any given
one Fleur period shall
be exempt from the
prohibition of section
' 6-5-1 of this chapter.
Section 2. This Ordi-
nance takes
rdi-nance-takes effect on
publication.
Passed, approved,
and adopted the '6th
day of February, 2017.
/s/Roy D. Buol, Mayor
Attest:/s/Trish L.
Gleason, Assistant City
Clerk
Published officially in
the Telegraph Herald
newspaper on the 10th
day of February, 2017.
/s/Trish L. Gleason,
Assistant City Clerk
it 2/10