§ 15-5. Measurement or assessment of sound.

(a)

Measurement with sound level meter.

(1)

The measurement of sound shall be made with a sound level meter meeting the standards prescribed by ANSI S1.4-1971 (R1976). The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any sound level measurement. Measurements recorded shall be taken so as to provide a proper representation of the source of the sound. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used at all times. However, a violation of this chapter may occur without the occasion of the measurements being made as otherwise provided.

(2)

The slow meter response of the sound level meter shall be used in order to best determine the average amplitude.

(3)

The measurement shall be made at any point on the property into which the sound is being transmitted and shall be made at least three feet away from any ground, wall, floor, ceiling, roof and other plane surface.

(4)

In case of multiple occupancy of a property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three feet of any ground, wall, floor, ceiling, roof or other plane surface.

(5)

All measurements of sound provided for in this chapter will be made by qualified officials of the city who are designated by the city manager or designee to operate the apparatus used to make the measurements.

(b)

Assessment without sound level meter. Any police officer or other official designated by the city manager or designee who hears a noise or sound that is plainly audible, as defined in section 15-2, in violation of this chapter, shall assess the noise or sound according to the following standards:

(1)

The primary means of detection shall be by means of the official's normal hearing faculties, so long as the official's hearing is not enhanced by any mechanical device, such as a hearing aid.

(2)

The official must have a direct line of sight and hearing to the real property of the source of the sound or noise so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the real property of the source of the sound or noise, then the official shall confirm the source of the sound or noise by approaching the suspected real property source of the sound or noise until the official is able to obtain a direct line of sight and hearing, and identify the identical or same sound or noise that was heard at the place of original assessment of the sound or noise.

(3)

The official need not determine the particular words or phrases being said or produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound.

(Ord. No. 3868, § 1, 6-22-93; Ord. No. 981314, § 1, 4-10-00)