§ 48.06 Sound Equipment And Amplifying Equipment

1. No person may use, operate, or cause to be used or operated any radio, record player, tape deck or player, loudspeaker, amplifier, sound truck, or other device for producing, reproducing, or amplifying sound (hereinafter referred to as “sound equipment”) upon the public streets or in any building or upon any premises, public or private, if the sound created is plainly audible across a residential real property boundary from any public street or public place within the City, unless said person:

A. First obtains written permission from the Council in accordance with this chapter;

B. Complies with any conditions imposed by the written permission, including the maximum permitted sound level shown therein; and

C. Complies with all other applicable provisions of this chapter.

2. Sound equipment does not include:

A. Equipment used for political advertisements.

B. Equipment used for public health and safety purposes.

C. Church or clock carillons, bells, or chimes.

D. Parades, processions, or other public events for which a parade or other permit has been issued, provided the conditions of the permit are complied with.

E. Automobile radios, tape decks or players or other standard automobile equipment being used by the occupants, provided the sound emitted is not plainly audible for more than 50 feet from the vehicle.

F. Recorded music used in a nonresidential zone in conjunction with a civil or religious celebration.

G. Un-amplified live music, provided it is sponsored or funded, in whole or in part, by a governmental entity.

H. Mobile radio or telephone signaling devices.

I. Car or truck horns or similar devices when used to denote danger or a warning or possible danger.

3. Obtaining Permission from Council. In order to obtain written permission required herein, a request must be made, in writing, to the Clerk and any information which the City may require shall be provided. If the request contains the required information and the proposed use complies with the requirements of this chapter, the Clerk will place the request on the agenda for the next regularly scheduled Council meeting.

4. Types of Permits; Standards.

A. Type A Permit. A Type A permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)s when the sound level is measured at the real property boundary of the private residence nearest the sound equipment and measuring not more than 100 dB(A)s at a distance of 50 feet from the sound equipment. Sound equipment permitted under a Type A permit may be used only in areas of the City zoned for nonresidential and only between the hours of 9:00 a.m. and 9:00 p.m.

B. Type B Permit. Sound trucks may be operated only under a Type B permit. A Type B permit may be issued for sound equipment mounted upon a motor vehicle and intended for use upon City streets, provided the sound equipment emits only music or human speech registering not more than 80 dB(A)s when the sound level is measured at a distance of 100 feet from the sound equipment. Sound equipment permitted under a Type B permit may be used only in nonresidential areas and only from 9:00 a.m. to 9:00 p.m.

C. Type C Permit. A Type C permit may be used for sound equipment emitting music or human speech registering not more than 60 dB(A)s when the sound level is measured at the real property boundary of the private residence nearest the sound equipment and registering not more than 100 dB(A)s when the sound level is measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a Type C permit may be used only in public parks owned and operated by the City or public grounds owned and operated by another government body from 10:00 a.m. to 11:00 p.m. for events authorized and approved by the City or other body having jurisdiction over the park or public grounds.

D. Type D Permit. A Type D permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)s when the sound level is measured at the real property boundary of the residence nearest the sound equipment and registering not more than 100 dB(A)s when the sound level is measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a Type D permit may be used only on school or church grounds or in conjunction with a school sponsored or church sponsored activity from 10:00 a.m. to 11:00 p.m. for events authorized and approved by the authorities having jurisdiction of the grounds.

5. Permit Fees.

A. Fees for sound equipment permits may be established by resolution of the Council.

B. No fee will be required for any sound equipment permit issued to the City, State, or the federal government or any other governmental subdivision or agency.

6. Separate Permits Required; Non-Transferability; Display. A separate permit is required for each type of activity described. Permits are non-transferable and must be conspicuously displayed on or immediately adjacent to the sound equipment. The provisions do not apply to:

A. The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency or the approved testing of the system.

B. The emission of sound in the performance of emergency work, including snow removal and maintenance of trees.

C. The un-amplified human voice, except those activities specifically controlled by the provisions of this chapter.

D. Agricultural activities, exclusive of those involving the ownership or possession of animals.

E. Snowmobiles regulated by the Code of Iowa.

F. Rail and air transportation and public mass transportation vehicles.

G. Emergency vehicles, such as fire trucks and ambulances.

H. Nonprofessional athletic events.

I. Essential services, such as electrical substations and safety devices.

J. Construction and maintenance activities between 7:00 a.m. and 10:00 p.m. “Maintenance activities” are non-routine operations, temporary in nature, and conducted infrequently.

K. Cement sawing of freshly poured concrete street, alley, sidewalk, or road surface.

L. Un-amplified, live music, provided that it is sponsored or funded, in whole or in part, by a governmental entity.

M. The emission of sound by individuals with the written consent of the City for the purpose of implementing a City-approved deer management plan.