Lawn mowing before the sun rises? Landscape companies leaf blowing with headlamps in the middle of the night? Industrial machinery running constantly in your back yard? Nothing is illegal about it!

Truth is Boise city has no laws about running machinery anytime of the day and no limits on the amount of noise it creates. Maybe a long time ago this was fine. As Boise City grows we need to insure that people can rest and enjoy the peacefulness of their own dwellings, therefore I'm starting a petition to change Boise Noise Control code to include machinery.

According to Boise city Tittle 5 Chapter 7 Noise Control, "The purpose of this chapter is the protection of the health, safety and welfare of the citizens of the City. It is determined that sound can and does constitute a hazard to the health, safety, welfare and quality of life of residents of the City. The Mayor and Council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter the policy of this City to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare or quality of life of the citizens of the City, and this chapter shall be liberally construed to effectuate that purpose. (1952 Code § 6-20-01)” However the code falls short in realizing that noise can also be created by other means than lound amplification devices. Is industrial noise as much a hazard to the health, safety, welfare, and quality of life of the residents of this great city of ours, as any other noise? Is a loud stereo just as unwelcome as a leaf blower at 4 A.M.?

We would like to propose a change to Boise Municipal Code 5 Noise, that in the definitions section 5-7-2 “ Loud amplification device” to also include “equipment and machinery”.

And modifying the NOISE PROHIBITIONS,

5-7-3 C: It shall be unlawful for any person or business to make, cause, or allow loud or offensive noise by means of voice, musical instrument, horn, radio, machinery, automobile, loud speaker, other sound amplifying equipment, domesticated animals, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. Loud or offensive noise is that which is plainly audible within any residence or business, other than the source of the sound or that exceeds (50) decibels at the closest property line between the hours of 10pm and 7AM.

8-7-3 D: It shall be unlawful for any person or business to operate any permanently mounted machinery in an area of residential zoning or adjacent to a residential zoning area that exceeds (50) decibels as measured at a point closet to the property line of the source. Including but not limited to: Air conditioning and Heating equipment, Ventilator, Furnaces, Exhaust fans, Compressors, Pumps, Punch Presses, or any other machine equipment, or device.

Since equipment and machinery debilitate over time, there is no “Grandfather clause”.

Notes:

Modifications taken in part from the ADA County Noise Ordinance

Loud amplification device, is not a spelling error. Both the A.D.A. County Noise code and Boise city Noise cite it this way.

You can read complete Boise City Noise Code at:

https://codelibrary.amlegal.com/codes/boiseid/latest/boise_id/0-0-0-5555

You can read the ADA County Noise Ordinance (Ord. 331, 6-3-1997 ) at:

https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=19277