1. Purpose
1.1. This Rule A.16 pertains to the expected conduct of all persons within Big Canoe regarding the production of excessive noise or lighting. It shall be against this Rule for any person to use or operate any electronic device which produces or amplifies sound or engage in personal conduct of an excessively loud nature or use of external lighting so as to unreasonably disturb the peace, quiet, comfort or repose of any person in his or her home or dwelling, or in any public area or place of public accessibility.
2. Definitions
2.1. A-weighted sound level. The sound pressure level in decibels (dB) as measured on a sound level meter using the A-weighing network, the most commonly used standard for measuring sound pressure levels.
2.2. Ambient noise. The total of all sound normally associated with a particular location or environmental surrounding.
2.3. Decibel or dB. The commonly accepted unit for measuring the relative intensity of a sound. The human ear can detect a 3 dB change in continuous sound and a 10 dB change is perceived as a doubling or halving of loudness.
2.4. Emergency Vehicle. Any ambulance, med-evac aircraft, fire engine, Public Safety vehicle, Sheriff’s Department vehicle, state patrol vehicle, or other authorized emergency vehicle in the performance of official duty.
2.5. Frequency. One of the identifying characteristics of sound. The number of cycles per second imparted into the air by a vibrating body.
2.6. Evening hours. That portion of the day beginning at 7:01 PM and ending at 10:00 PM, except for the POA Clubhouse which ends at 11:00PM.
2.7. Nighttime hours. That portion of each day beginning at 10:01 PM and ending at 6:59 AM, except for the POA Clubhouse which begins at 11:00 PM.
2.8. Nuisance lighting. Lighting directed across property lines, colored lighting, or lighting that exceeds the standards set forth in the Architectural and Environmental Control Standards.
3. Rules
3.1. During Evening hours, it shall be an infraction of this Rule A.16 for anyone to operate an electronic device or other source exceeding 60 decibels (dB) measured fifty feet from the source as measured by a sound level meter on the A-weighted scale. Such sound measurements will include impulse (peak) sound as well as continuous (steady-state). Notwithstanding these levels, if in the judgment of the investigating POA employee, the production of sound at certain frequencies, either high or low, is disturbing to the peace, quiet, or repose of any person, this shall be judged a prohibited act.
3.2. During Nighttime hours, any sound that exceeds the ambient noise level by 3dB at a distance of 50 feet is prohibited.
3.3. During any period of time, it shall be a violation of these rules for anyone to play a vehicle audio system at a level exceeding the ambient background noise by 3 dB at a distance of 50 feet from the vehicle.
3.4. During any period of time, it shall be a violation of these rules to operate any vehicle or equipment having an internal combustion engine with a malfunctioning, non-functioning, missing or disabled muffler or with a muffler that Public Safety has determined in its discretion emits excessive noise.
3.5. On Sundays it shall be a violation of these rules for anyone to generate sound out of doors at a level exceeding the ambient background noise by 3 dB at a distance of 50 feet from the source.
3.6. During any period of time, it shall be a violation of these rules for any person to use or operate any electronic device which produces or amplifies sound or engage in personal conduct of an excessively loud nature so as to unreasonably disturb the peace, quiet, comfort or repose of any person in his or her home or dwelling, or in any public area or place of public accessibility.
3.7. During any period of time, it shall be a violation of these rules for exterior lighting to be directed onto neighboring properties.
4. Outdoor Events
4.1. It shall be the obligation of the person or persons holding any public or private outdoor event that will utilize electronic amplifying equipment or loud musical instruments 1) to provide the entertainer with a copy of these regulations and 2) to notify Public Safety of the beginning time for the event.
4.2. Big Canoe Public Safety will within thirty (30) minutes of the beginning of such event monitor the sound levels for compliance. Should levels at that time or later be outside the ranges specified above, Public Safety will so indicate to the person(s) in charge and will issue a written warning that they must comply. It is the sole responsibility of the event coordinator or rental party to contact Public Safety dispatch to schedule a sound check prior to the start of the outdoor music/noise.
4.3. All POA approved events at POA-owned facilities are exempt from this Rule A.16, however all noise in excess of 3dB at a distance of 50 feet shall cease by 11:00 PM at the POA Clubhouse and by 10:00 PM at all other POA-owned facilities.
5. Enforcement
5.1. Big Canoe Public Safety shall enforce these Rules and Regulations. Violations of this Rule A.16 by Property Owners, Tenants, or Guests will subject the Property Owners to sanctions in accordance with Rule A.1, “General Enforcement Procedures”.
5.2. Non-compliance after having been issued a warning will carry a fine of $250 to be assessed to the responsible Property Owner, commercial establishment or contracting party as appropriate. If for the same incident Public Safety must make a third visit to the same location due to a continuing violation of Rule A.16, then Public Safety may have the discretion to declare such violation belligerent and a violation of a serious nature pursuant to Rule A.2.
