§ 12-70. Noise control.

(a)

The provisions of this section shall apply to the control of all sound originating within the geographical limits of the city, and to all territory to which the jurisdiction of the city stands.

(b)

For the purpose of this section, the following definitions shall apply; provided, however, that all terminology used herein and not defined shall be in conformance with applicable publications of the American International Standards Institute (ANSI):

A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is DB(A) or dB(A).

Alarm means any fire, burglary, motor vehicle or civil defense alarm, whistle, or similar stationary emergency signaling device.

Commercial area means a district composed of certain lands and structures used primarily to provide for the retailing of goods and the furnishing of selected services.

Construction means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or of public or private rights-of-way, structures, utilities, or similar property.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

Emergency vehicle means a motor vehicle belonging to a fire district or volunteer fire company or certified private vehicle belonging to a volunteer firefighter, or firefighting association, partnership or corporation, an ambulance, a motor vehicle belonging to a private security agency or a motor vehicle belonging to federal, state, parish, or city law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose.

Emergency work means any work for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Holiday means any day of observance established by this Code, including, but not limited to, New Year's Eve, New Year's Day, Mardi Gras, Good Friday, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve, or Christmas Day.

Industrial area means a district intended for light manufacturing, processing, storage and warehousing, wholesaling and distribution, or as otherwise defined by the comprehensive zoning regulations set forth in chapter 34, article II.

Land use category means the classification of an area, such as single-family residential, manufactured home, two-family residential, general office, medical service, business core, neighborhood commercial, general commercial, industrial, and special industrial.

Motor vehicle means a two or more wheeled vehicle, or machine, propelled or drawn by mechanical power and used on the public roads and highways in the transportation of passengers or property; or any combination thereof, which is required to be licensed, but does not include any vehicle, locomotive, or car operated exclusively on rails.

Multifamily dwelling means a building designed for or occupied by five or more families, or as otherwise defined by the comprehensive zoning regulations set forth in chapter 34, article II.

Noise-sensitive area means an area where a school, hospital, nursing home, church, court, or public library is located.

Permit means an authorization received from the city to conduct a parade, special event, fair, revival, celebration or other group event.

Person means any individual, association, partnership, corporation and includes any officer, employee, department, agency, or instrumentality of the United States.

Powered model vehicle means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.

Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.

Public space means any real property or structure thereof owned by a governmental entity and normally accessible to the public, including, but not limited to, parks and other recreational areas.

Real property line means a line along the surface, and its vertical plane extension, which separates the real property owned, rented, or leased by one person from that owned, rented, or leased by another person, excluding intrabuilding real property division.

Residential area means an area composed of certain lands and structures having single-family, two-family, or multifamily residential characteristics, or as otherwise defined by the comprehensive zoning regulations set forth in chapter 34, article II.

Sound level means the A-weighted sound pressure level obtained by use of a sound level meter as specified in the American National Standards Institute specification for sound level meters (ANSI 4-1971, as amended).

(c)

No person shall make or continue, or cause to be made or continued, any loud or unnecessary noise which unreasonably interferes with the comfort, repose, health, peace, and safety of others within the jurisdiction of the city.

(d)

The city police department shall be responsible for the enforcement of the provisions of this section.

(e)

It shall be unlawful to make, cause or allow the making of any noise or sound which violates the provisions of this section.

(1)

No person shall operate or cause to be operated any source from any location in such a manner as to create a sound level which exceeds the limits set forth in Table 1 for the receiving land use category more than ten percent of any measurement period, which period shall not be less than ten minutes, when measured at or beyond the property boundary of the land use category from which the sound emanates; provided, however, that in the case of multifamily dwelling land use category, the sound level shall be measured within an adjacent intrabuilding dwelling.

(2)

For any source of sound, the sound level shall not exceed the maximum permissible sound level limit set forth in Table 1 by 15 dB(A) for all land use categories.

(3)

Sound level measurement shall be made with a sound level meter using the A-weighting scale in accordance with the standards promulgated by the American National Standards Institute.

Table 1

Maximum Permissible Sound Levels By Receiving Land Use Category

Land Use Category	Time	Sound Level Limit (dB(A))
Residential, noise-sensitive area, public space	7:00 a.m.—9:59 p.m.	60
	10:00 p.m.—6:59 a.m.	55
Multifamily dwelling	7:00 a.m.—9:59 p.m.	50
	10:00 p.m.—6:59 a.m.	45
Commercial, convention	7:00 a.m.—9:59 p.m.	65
	10:00 p.m.—6:59 a.m.	60
Industrial	At all times	75

 

(f)

The following are exempt from the sound level limits of Table 1:

(1)

Domestic power tools, lawnmowers and agricultural equipment, when operated with a muffler, between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and Saturdays, and 8:00 a.m. to 9:00 p.m. on Sundays and holidays.

(2)

Noises resulting from any authorized emergency vehicles when responding to an emergency.

(3)

Noises made by persons having obtained a permit.

(4)

Any noise resulting from activities of a temporary duration, for which a permit has been granted pursuant to this section, and which conforms to the conditions and limits stated thereon.

(5)

Noises from church bells and chimes.

(6)

Noises from construction activity, except that the industrial sound level limit shall apply in all land use categories.

(7)

Collection of garbage, refuse, or recyclables by the city and/or its contractors.

(g)

In addition to the general prohibitions set out in subsections (c) and (e) of this section, the following specific acts are declared to be in violation of this section:

(1)

The sounding of any horn or signaling device on any motor vehicle on any street or public place in the city continuously and/or incessantly for a period in excess of 60 seconds, except as a danger warning.

(2)

The operating or playing of any radio, musical instrument or similar device which produces or reproduces sound on the public right-of-way in such a manner as to be plainly audible to any person other than the operator of the device.

(3)

The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in a motor vehicle or public park in a manner as to be plainly audible at a distance of 50 feet.

(4)

The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in such a manner as to exceed the levels set forth in Table 1 for the land use category.

(5)

The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays, within or adjacent to residential or noise-sensitive areas such that the sound therefrom is plainly audible across the real property line of the source; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained.

(6)

The offering for sale or commercial advertising by shouting, outcry, use of any loudspeaker, loudspeaker system, sound amplifier, or any similar device within any residential or noise-sensitive area except by permit issued by the city if said noise exceeds the maximum permissible sound levels shown in Table 1.

(7)

The owning, possessing or harboring of any animal which frequently, or for continued duration, howls, barks, squawks, or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise-sensitive area. For the purpose of this section, the term "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes, or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that the dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.

(8)

The operating of any equipment used in construction work within 165 feet of any residential or noise-sensitive area between the hours of 9:00 p.m. to 7:00 a.m. on weekdays and Saturdays and 9:00 p.m. to 8:00 a.m. on Sundays and holidays, except for emergency work.

(9)

The operating of, or permitting the operating of, powered model vehicles:

a.

Between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and Saturdays and 9:00 p.m. to 8:00 a.m. on Sundays and holidays.

b.

In such a manner as to exceed the levels set for public space land use, measured at a distance of not closer than 100 feet from the operator.

(10)

Emergency signaling devices:

a.

Except in cases of an emergency, the intentional sounding of any alarm between the hours of 10:00 p.m. and 7:00 a.m.

b.

The testing of any alarm for a period in excess of 60 seconds at any time.

c.

The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month and the sounding of said emergency signaling system for a period in excess of 15 minutes.

(11)

Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity.

(12)

The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.

(13)

The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.

(14)

The operation between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays, of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other similar equipment, the use of which is attended by loud or unusual noise.

(h)

No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler in good working order and in constant operation. No person shall remove or render inoperative or cause to be removed or rendered inoperative any muffler or sound-dissipating device on a motor vehicle or motorcycle other than for the purpose of maintenance, repair or replacement.

(i)

It shall be unlawful to load or unload a delivery truck at any shopping center between the hours of 10:00 p.m. and 7:00 a.m. within 300 feet of a residential, noise-sensitive area, or public space if the sound level limit at the boundary of these areas exceeds the sound level limit set forth in subsection (e) of this section. It shall also be unlawful to operate a refrigeration unit on any truck within 300 feet of any residential unit within the parish during said time period.

(j)

It shall be unlawful to load or unload a bulk waste container (bulk containers normally used with mechanical collection equipment, or dumpster) between the hours of 10:00 p.m. and 7:00 a.m. within 300 feet of a residential, noise-sensitive area, or public space if the sound level limit at the boundary of these areas exceeds the sound level limit set forth in subsection (e) of this section.

(k)

It shall be unlawful for any person to create or cause noise within the city limits which shall be of such a level to obstruct the reasonable or comfortable existence of fellow human beings. The maximum noise levels, as established by the Environmental Protection Agency, shall be controlling in determining whether a violation of this subsection has occurred. In residential areas, the level as established by the EPA guidelines, 45 dB(A) at night and 55 dB(A) daytime, shall be the maximum noise level allowed. Anything above this level shall be deemed to be in violation of this subsection.

(Code 1976, §§ 15:70, 15:100(e); Ord. No. 713, §§ 1—4, 3-9-1970; Ord. No. 876, § 1, 8-9-1982; Ord. No. 912, § 1, 5-12-1986; Ord. No. 1052, 10-9-1995; Ord. No. 1089, 3-9-1998)