Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noise (2nd Reading) Copyrighted
September 4, 2018
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment- Title 6 Prohibited and
Exempt Noises (2nd Reading)
SUMMARY: City Manager recommending approval of an update to the
prohibited noises and exempt noises ordinances to update
some terminology in the prohibited noises ordinance and
add provisions and sections that further clarifying the use,
prohibitions and exemptions of outdoor music or amplified
noise.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 5 Noises, Section 6-5-1 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
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Noise Ordinances-NNM Memo City Manager Memo
Staff Memo Staff Memo
Staff Memo Staff Memo
Ordi nance- 6-5-1 Ordi nance
Ordinance 6-5-3 Ordinance
Ordinance Corrections from Meeting Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Noise Ordinances
DATE: August 2, 2018
City Attorney Crenna Brumwell recommends City Council approval of an update to the
prohibited noises and exempt noises ordinances to update some terminology in the
prohibited noises ordinance and add a provision further clarifying when the use of
outdoor music or amplified noise is prohibited. Additionally, new sections are being
added to the exempt noise ordinance clarifying the regulations for sanctioned sporting
events and musical performances/practices, identifying sanctioned sporting events,
clarifying the regulation of public address announcers, and adding a provision
exempting events for which a special event permit or courtesy event permit are
authorized.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen� � �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark Dalsing, Chief of Police
Mary Rose Corrigan, Public Health Specialist
THE CITY OF Dubuque
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DUB E '�II�;'
Masterpiece on the Mississippi �°°'��°'�
2013 2017
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Mayor Roy D. Buol
and City Council Members
Dare: August 16, 2018
Re: Noise Ordinance Proposed at August 6, 2018 City Council Meeting
At the August 6, 2018 City Council meeting amendments to two (2) provisions of the City
Code related to noise were considered. The provisions are captioned:
1) Prohibited Noise; and
2) Exempt Noise.
The discussion regarding the proposed changes was robust and focused on the exempt
noise provision. There were multiple options discussed by the City Council. The items
for which I believe there was consensus included:
1) Correcting a typo to read Sunday through Thursday (the provided version listed
Monday through Friday); and
2) Changing the exempt time frame for bands and musical performances to 7:00 a.m.
to accommodate marching band practice.
There were a number of other suggestions mentioned, including, but not limited to:
1) Removing the prohibition on amplified music at sports practices and intramurals;
2) Clarifying what amplified noise means; and
3) Authorizing music so long as it isn't put through a public-address system.
I did not interpret any of these options to have consensus from the City Council. A first
reading of the ordinance with the two (2) changes referenced above was done and
passed. The ordinances are scheduled for the August 20, 2018 agenda with the typo and
time change shown in a redline format within the Exempt Noise ordinance for a second
reading. However, staff discussion after the August 6, 2018 City Council meeting resulted
in the suggestion of some additional changes to remove references to the special event
permit process. Staff recommends this as noise is already addressed within the special
event ordinance and the packet of materials given to those applying for a special event
permit. With this additional change it is my recommendation the City Council abandon
the 2"d reading of the originally proposed ordinance. The very next agenda item will then
be the prohibited noise and exempt noise ordinances incorporating the original changes,
City Council suggestions, and the recent staff change related to special events.
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org
CMB:jmm
cc: Michael Van Milligen, City Manager
Mark Dalsing, Chief of Police
Mary Rose Corrigan, Public Health Specialist
2
Police Department
Dubuque Law Enforcement Center
Dubuque 770 lowa Street
THE CITY OF � P.O. Box 875
IIIFIIneMe�City Dubuque, IA 52004-0875
D�� � ������� Office (563)589-4410
Fax(563)589-4497
TTY(563)583-1711
2007•2012 E-mail: police@cityofdubuque.org
MGiSteY�112Ce 011 t�le MiSS1SS1p�'II zois•zoi� www.cityofdubuque.org
August 13, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
Mary Rose Corrigan
Public Health Specialist
RE: Noise Ordinance
INTRODUCTION
This memo will discuss some issues related to proposed ordinance changes.
BACKGROUND
On August 6, 2018, the Dubuque City Council approved the first reading of changes to
sections 6-5-1 Prohibited Noises, and 6-5-3 Exempt Noises. This memo will address
some issues discussed during the City Council meeting.
DISCUSSION
Under the proposed changes, noise emanating from stadiums during sporting events
and musical performances and musical practices would become exempt noises with set
times. As written, the noise exemption would not cover sports practices or intramural
athletics.
The exemption times originally proposed were 9:00 am through 10:00 pm, Sunday
through Thursday, and 9:00 am through Midnight on Friday and Saturday. These
hours/dates were selected for this new section as they are the hours/dates already
established in the Outdoor Music and Amplified Noise section of the code.
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Council proposed adjusting the suggested start time to 7:00 am for musical practices,
due to practices occurring before school starts. 7:00 am was the time approved during
the first reading.
Several activities listed in the current ordinances have different start times, including
construction noise, pile drivers, refuse collection, and lawn mowing. The hours vary by
activity and day of the week. The earliest permitted noise is refuse and recycling
collection at 6:00 am. Some construction may start at 7:00 am except on weekends
when it may start at 9:00 am. Most permitted noises are 8:00 am or 9:00 am.
It was discussed that the earlier start time could go through the variance or special
event process. Because the early practices would be regular occurrences, they would
not meet the criteria for a special event.
Existing code also already restricts outdoor music and amplified noise, so this is not a
change or addition. We are simply referring to the existing amplified noise prohibition in
the new code section on musical performances and musical practices.
A codified noise exemption does not give free rein to make noise. The opening words in
the ordinance state, "Reasonable sounds emanating..." meaning that those making the
noise must remain reasonable. The reasonableness is subjective and based upon what
a reasonable person would believe. So, if the noise is excessive, it can be enforced on,
even if it is exempt. It will depend on the views of a "reasonable" complainant and the
findings of the enforcing personnel.
Case law has determined that police officers generally cannot be complainants on noise
that results in "public disorder," or, "disturbing the peace," and that it must come from a
member of the public, so officers generally can't act on these without a complaint.
The same standard would apply for prohibited noises. Just because a noise is
prohibited, police will generally need an outside complaint to act. For the current
discussion, this would be if a game or practice extended beyond the codified hours, or if
amplified music was used. Unless there would be an outside complaint, police generally
would not act, and if there was a call for service, the officers would look at the
reasonableness of the entire situation.
There was a discussion on why 6-5-1 Prohibited Noises, subsection L: Loud,
Unnecessary or Unusual Noise, could not be used to enforce on stadium noise and
eliminate the need for the new code sections. This section has existed for some time
and is one of the base noise ordinances used for enforcement. The existing code is
generally effective, but makes no allowances for stadiums and their natural uses, and
these limitations are what led us to creating the code changes.
There was a brief discussion about 6-5-1 Prohibited Noises, Subsection A: Horns,
Signaling Devices. Council discussion covered the fact that railroads are covered under
federal statutes and that railroads have their own special challenges. Local
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governments are also often preempted from adding additional rules for railroads. As a
matter of clarification, the above section would not apply, as the ordinance specifies
vehicles, and trains are not considered motor vehicles under lowa law. City staff are
doing more research on train noise.
CONCLUSION
The proposed ordinance changes were created to give officers direction on noise from
stadiums. The existing code neither prohibited or allowed stadium noise, thus lumping
stadiums in with all other noises and putting officers between the universities, colleges
and schools who are using the facilities as intended, and the neighbors wishing to enjoy
their properties. The proposed ordinance does not answer every question or scenario,
but goes a long way in giving objective direction to our officers. For issues not explicitly
addressed in the ordinance, officers will have to fall back on other ordinances, the
reasonableness of complaints, and hopefully on the cooperation of the parties involved.
City Attorney Brumwell, Public Health Specialist Mary Rose Corrigan, and I will be at the
upcoming City Council meetings to address any questions on this issue.
ACTION REQUESTED
This is an information memo and no action is requested.
cc: Crenna Brumwell, City Attorney
Mary Rose Corrigan, Public Health Specialist
3of3
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. -18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
1 PROHIBITED NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 6-5-1 of the City of Dubuque Code of Ordinances is hereby
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 inerchandise, 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: The creation of any loud or excessive noise resulting from
erection, excavation, demolition, alteration or repairs related to any structure,
infrastructure, 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, Pneumatic Hammers: The operation of any pile driver, pipe
ramming, pneumatic hammer, or similar 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:
1 . 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; or
2. During the course of sport team and intramural practices conducted
on the grounds of a Dubuque public or parochial school or college
campuses.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this_ day of , 2018.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, 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 inerchandise, 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 : The creation of any loud or excessive
noise resulting from erection, excavation, demolition, alteration or repairs e#related
to any structure, infrastructure, 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, Pneumatic Hammers: The operation of any pile driver, pipe
ramminq, pneumatic hammer, or e#+�e�similar 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:
1 . 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 personL.-
2. Durinq the course of sport team and intramural practices conducted
on the qrounds of a Dubuque public or parochial school or colleqe
campuses.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. -18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
3 EXEMPT NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 6-5-3 of the City of Dubuque Code of Ordinances is hereby
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.
G. Entertainment and Sporting Events.
1 . Reasonable sounds emanating from sanctioned sporting events
conducted on the grounds of a Dubuque public or parochial school or
college or university campuses within a sports stadium between the hours
of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. and
12:00 (midnight) on Friday and Saturday. For purposes of this section
Sanctioned sporting events are described as competitive matches
between teams from different institutions. Sanctioned sporting events
includes one-hour prior to the event and one half-hour after the event.
Sports team practices and intramurals are not considered sanctioned
sporting events under this code.
2. Reasonable sounds emanating from musical instruments of
marching bands or other musical teams, without electronic amplification,
engaged in performance or practice, conducted on the grounds of a
Dubuque public or parochial school or college or university campuses
between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday,
and 7:00 a.m. and 12:00 (midnight) on Friday and Saturday.
3. Nothing in this section shall be read to prohibit a public-address
announcer at events during the permissible hours.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this_ day of , 2018.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, 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. 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.
G. Entertainment and Sportinq Events.
1 . Reasonable sounds emanatinq from sanctioned sportinq events
conducted on the qrounds of a Dubuque public or parochial school or
colleqe or universitv campuses within a sports stadium between the hours
of 9:00 a.m. and 10:00 p.m. Sundav throuqh Thursdav, and 9:00 a.m. and
12:00 (midniqht) on Fridav and Saturday. For purposes of this section
Sanctioned sportinq events are described as competitive matches
between teams from different institutions. Sanctioned sportinq events
includes one-hour prior to the event and one half-hour after the event.
Sports team practices and intramurals are not considered sanctioned
sportinq events under this code.
2. Reasonable sounds emanatinq from musical instruments of
marchinq bands or other musical teams, without electronic amplification,
enqaqed in performance or practice, conducted on the qrounds of a
Dubuque public or parochial school or colleqe or universitv campuses
between the hours of 7:00 a.m. and 10:00 p.m. Sundav throuqh Thursday.
and 7:00 a.m. and 12:00 (midniqht) on Friday and Saturday.
3. Nothinq in this section shall be read to prohibit a public-address
announcer at events durinq the permissible hours.
Prepared by:Crenna M.Brumwell,Esq.300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. -18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
3 EXEMPT NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is hereby
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)
f
minutes in any given one hour period shall be exempt from the prohibition of
section 6-5-1 of this chapter.
G. Entertainment and Sporting Events.
1. Reasonable sounds emanating from sanctioned sporting events
conducted on the grounds of a Dubuque public or parochial school or
college campuses within a sports stadium between the hours of 9:00 a.m.
� and 10:00 p.m. � _'-= ->- through -,, and 9:00 a.m.
and 12:00 (midnight) on Friday and Saturday, unless such events have
received a noise variance from the City of Dubuque under section 6-5-7 of
this chapter. For purposes of this section Sanctioned sporting events are
described as competitive matches between teams from different
institutions. Sanctioned sporting events includes one-hour prior to the
event and one half-hour after the event. Sports team practices and
intramurals are not considered sanctioned sporting events under this
code.
2. Reasonable sounds emanating from musical instruments of
marching bands or other musical teams, without electronic amplification,
engaged in performance or practice, conducted on the grounds of a
Dubuque public or parochial school or college campuses between the
hours of 9:00 a.m. and 10:00 p.m. `-'- =--; through
?'c - ,r, and 9:00 a.m. and 12:00 (midnight) on Friday and
Saturday.
3. Nothing in this section shall be read to prohibit a public-address
announcer at events during the permissible hours.
H. Events granted Special Event permits or Courtesy Event permits by Title
10, Chapter 4,or section 6-5-7 of this code.
Section 2.This Ordinance shall take effect upon publication. � `� � ' ���� �,���������.��
fi��� �, ���5 �. ����t4r a�'-,��.,��.t'�x��
Passed, approved, and adopted this_day of ,2018. � �
��; �s t., :� ,,�����,`������;> �
�.-.' �..�.z.. .-�.s�a'�F���s�x.''�`��-t�'�"s"':��a,
Roy D. Buol, Mayor.
Attest:
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�'��, ���,�:�' �� � a��F �,y���„�a�������
�"�°��'*����'��'a�;�`��'"'� ��.``.���` � s�� ��.saa��,�����*'���� +•
Kevin S. Firnstahl, City Clerk $ � ` x�� � �,�'������� �: �
s� ' x,� ��" ��` ¢ �,�
r rit u` _ts s�, . �?,t��ct,'&e.a?y,�^#1 �'p
���:u x� a.�."vx,� a,�i��,�`2 , r€x �;,�.�,x��`rte�c��"`-���+ ;"�''�i�,'�
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EFFECT OFAMENDMENT
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.
G. Entertainment and Sportinq Events.
1. Reasonable sounds emanatinq from sanctioned sportina events' - - Formatted:Indent:Left: 0.5",Hanging: 0.5", No
conducted on the qrounds of a Dubuque public or parochial school or bullets or numbering
colleqe campuses within a sports stadium between the hours of 9:00 a.m.
and 10:00 p.m. Sunda�i�,�v throuqh Thursc!a������c�� and 9:00 a.m.
and 12:00 (midniqht) on Fridav and Saturdav unless such events have
received a noise variance from the Citv of Dubuque under section 6-5-7 of
this chapter. For purposes of this section Sanctioned sportinq events are
s
described as competitive matches between teams from different
institutions. Sanctioned sportinq events includes one-hour prior to the
event and one half-hour after the event. Sqorts team practices and
intramurals are not considered sanctioned sportinq events under this
code.
2. Reasonable sounds emanating from musical instruments of
marchinq bands or other musical teams, without electronic amplification
enqaqed in performance or practice, conducted on the qrounds of a
Dubuque public or parochial school or college_camquses between the
hours of 9:00 a.m. and 10:00 p.m. =� throuqh
_._ --
- _ � = -'-a�, and 9:00 a.m. and 12:00 (midniqht) on Fridav and
Saturday.
' --- - Pormatted:Indent:Left: 1", No bullets or numbering
3. Nothinq in this section shall be read to prohibit a public-address`--- Formatted:Indent:Left: 1"
announcer at events durinq the permissible hours.
' - - Formatted:Indent:Left: 0.5",Space After: 0 pt,Line
.H. Events �ranted Special Event permits or Courtesv Event permits bv Title-„\ spacing: single
1 0, Chapter 4,OI'S,@CtlOfl 6-5-7 Of tI11S COd2. , ,;�.,� Formatted:Font:(Default)Arial,12 pt,Font color.Auto
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Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. -18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
3 EXEMPT NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is hereby
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.
G. Entertainment and Sporting Events.
1 . Reasonable sounds emanating from sanctioned sporting events
conducted on the grounds of a Dubuque public or parochial school or
college campuses within a sports stadium between the hours of 9:00 a.m.
and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. and 12:00
(midnight) on Friday and Saturday, unless such events have received a
noise variance from the City of Dubuque under section 6-5-7 of this
chapter. For purposes of this section Sanctioned sporting events are
described as competitive matches between teams from different
institutions. Sanctioned sporting events includes one-hour prior to the
event and one half-hour after the event. Sports team practices and
intramurals are not considered sanctioned sporting events under this
code.
2. Reasonable sounds emanating from musical instruments of
marching bands or other musical teams, without electronic amplification,
engaged in performance or practice, conducted on the grounds of a
Dubuque public or parochial school or college campuses between the
hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00
a.m. and 12:00 (midnight) on Friday and Saturday.
3. Nothing in this section shall be read to prohibit a public-address
announcer at events during the permissible hours.
H. Events granted Special Event permits or Courtesy Event permits by Title
10, Chapter 4, or section 6-5-7 of this code.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this day o , 2018.
,� �
Roy D. Buol Mayor
Attest:
Kevin S. Firnstahl, 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. 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.
G. Entertainment and Sportinq Events.
1. Reasonable sounds emanatinq from sanctioned sportinq events
conducted on the qrounds of a Dubuque public or parochial school or
college camauses within a s�ort� st�dium h�t�een the hours of 9;0� �.►�.
and 10:00 p.m. Sunday throuqh Thursday, and 9:00 a.m. and 12:00
(midniqht) on Fridav and Saturdav, unless such events have received a
noise variance from the Citv of Dubuque under section 6-5-7 of this
chapter. For purposes of this section Sanctioned sportinq events are
described as competitive matches between te�ms from different
institutions. Sanctioned sportinq events includes one-hour prior to the
event and one half-hour after the event. Sports team practices and
intramurals are not considered sanctioned sportinq events under this
code.
2. Reasonable sounds emanatinq from musical instruments of
marchinq bands or other musical teams, without electronic amplification,
enqaqed in perFormance or practice, conducted on the qrounds of a
Dubuque public or parochial school or college campuses between the
hours of 9:00 a.m. and 10:00 p.m. Sunday throuqh Thursday, and 9:00
a.m. and 12:00 (midniqht) on Fridav and Saturday.
3. Nothinq in this section shall be read to prohibit a public-address
announcer at events durinq the permissible hours.
H. Events qranted Special Event permits or Courtesy Event permits by Title
10, Chapter 4, or section 6-5-7 of this code.