HomeMy WebLinkAboutOrdinance 2580 Lj
ORDINANCE NO . aS80 U-9 . *� `> � .t2
G AN ' ORDINANCE AMENDING CHAPTER 13 OF THE FAYETTEVILLE CODE, OF
ORDINANCES TO REGULATE THE MAKING , CREATION , OR ALLOWI -Q)F-y`l: aJ I i' lAAki" .
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EXCESSIVE , UNNECESSARY OR UNUSUALLY LOUD SOUNDS IN THE�CF-UTp ,C� `IiY,
Whereas , the making , creation or allowing of excessive ,
unnecessary , or unusually loud sounds within the limits of
the City of Fayetteville is a condition which has existed
for some time and the extent and volume of such sounds is
increasing ; and
Whereas , the making , creation or mtainenance of such
excessive unnecessary , unnatural or unusually loud sounds
which are prolonged , unusual and unnatural in their time , place
and use affect and are a detriment to public health , comfort ,
convenience , safety , welfare , and prosperity of the residents
of the City of Fayetteville ; and
Whereas , the necessity in the public interest for the
provisions and prohibitions hereinafter contained and enacted
is declared as a matter of legislative determination and public
policy , and it is further declared that the provisions and
prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of securing and promoting the public health ,
comfort , convenience , safety , welfare and prosperity and the
peace and quiet of the City of Fayetteville and its inhabitants .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Chapter 13 of the Fayetteville Code of
Ordinances is hereby modified by adding Section 13 - 8 . 1 to read
as follows :
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Sec . 13 - 8 . 1 Unreasonable or excessive noise prohibited . M10,OFILMFD. ��
DATEFEB
REEL_
( a) It shall be unlawful for any person to make ,
continue , cause , or allow to be made any excessive , unneces -
sary or unusually loud sound or any sound which either annoys ,
disturbs , injures or endangers the comfort , repose , health ,
peace or safety of others , within the limits of the City of
Fayetteville .
(b ) Sounds Prohibited - Unnecessary Sound Standard . The
following acts , among others , are declared to be loud , disturbing
and unnecessary sounds in violation of this ordinance , but said
enumeration shall not be deemed to be exclusive , namely :
(1 ) Horns , Signaling Devices , etc . The sounding of
any horn or signaling device on any automobile , motorcycle , street
car or other vehicle on any street or public place of the city ,
except as a danger warning ; the creation by means of any such
signaling device on any unreasonably loud or harsh sound ; and
the sounding of any such device for any unnecessary and unreasonable
period of time .
( 2 ) Radios , Phonographs , etc . The using , operating ,
or permitting to be played , used or operated any radio receiving
set , musical instrument , phonograph , loudspeaker , or sound
amplifier , or other machine or device for the producing or
reproducing of sound in such manner as to disturb the peace ,
quiet , and comfort of neighboring inhabitants . The operation
of , any such set , instrument , phonograph machine or device on
Fridays and Saturdays between midnight and six a . m , the
following day , and on all other days between 11 : 00 p . m .
and six a . m . the following day , in such a manner as to be plainly
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audible at distance of fifty ( 50 ) feet from the source or from
the property line whichever is further shall be prima facie
evidence of violation of this section .
( 3 ) Animals , Birds , etc . The keeping of any animal
which by causing frequent or long continued sound shall disturb
the comfort or repose of any person .
( 4 ) Steam Whistles . The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work or as a warning
of fire or danger , or upon request of proper authorities .
( 5 ) Exhausts . The discharge into the open air of the
exhaust of any engine , stationary or mobile , except through a
muffler or other device which will effectively prevent loud or
explosive sounds therefrom .
( 6 ) Defect in Vehicle or Load . 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 such sound .
( 7 ) Loading , Unloading , Opening Boxes . The creation of loud
and excessive sound in connection with loading or unloading any
vehicle or the opening and destruction of bales , boxes , crates and
containers .
( 8 ) Construction or Repairing of Buildings . The erection
( including excavation) , demolition , alteration or repair of any
building other than between the hours of six a . m . and eight p . m . ,
except in case of urgent necessity in the interests of public health
and safety , and then only with a permit as set forth hereinafter .
(9 ) Schools , Courts , Churches , Hospitals . atip �
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of any excessive sound adjacent to any school , institution of
learning , church or court , while in use , or adjacent to any
hospital , which unreasonably interferes with the workings of
such institution , or which disturbs or unduly annoys patients
in the hospital , provided conspicuous signs are displayed indicating
that the same is a school , . ins.titution of learning , hospital , or
court .
( 10 ) Metal Rails , Pillars , Columns and the transportation
thereof . The transportation of rails , pillars or columns of iron ,
steel or other material , over and along streets and other public
places upon carts , trays , cars , trucks , or in any other manner
so loaded as to cause loud sounds or as to disturb the peace and
quiet of such streets , or other public places .
( 11 ) Pile Drivers , Hammers , etc . The operation between
the hours of ten ( 10 ) p . m , and six ( 6 ) a . m . of any pile driver ,
steam shovel , pneumatic hammer , derrick , steam or electric hoist ,
chain saw , lawn mower , or tool , or other appliance , the use of which
is attended by loud or unusual sound .
( 12 ) Blowers . The operation of any blower or power fan
or any internal combustion engine , the operation of which causes
sound due to the explosion of operating gases or fluids , unless
the noises from such blower or fan are muffled and such engine is
equipped with a muffler device sufficient to deaden such noise
to a reasonable level .
( c ) Issuance of Variance Permits The City Man4ger , or his
designee , shall evaluate all applications for a varian t
requirements of this section and may grant a variance subject to
reasonable terms , conditions , and requirements to achieve compliance
with this section . Each variance shall set forth in detail the
approved method of achieving compliance and a time schedule for
its accomplishment . In determining the reasonableness of
the terms , conditions and requirements of a variance , the City
Manager or his designee shall consider the magnitude of nuisance
caused by the offensive noise , the uses of property within the
area of imfringement by the noise , the time factors involved ,
economic factors , and the general public interest and welfare .
(d ) Appeals . Any individual who claims he / she will be
adversely affected by sound as the result of the grant of a
variance or any individual whose application for a
variance is disapproved may appeal in writing to the Board of
Directors . Said appeal shall be filed with the City Clerk within
fifteen ( 15 ) days from the date of the decision of the City Manager
and shall state all facts relied upon by the appellant to support
his /her claims . Upon the filing of said appeal , the Board of
Directors shall schedule a hearing at the next regular Board meeting .
Notice of said hearing may be given by publication in a newspaper
of general circulation in the City . Based upon the evidence
presented at such hearing , the Board of Directors may sustain ,
modify , or rescind the decision of the City Manager .
SECTION 2 . Separability . It is the intention of the Board
of Directors of the City of Fayetteville that each provision of
this ordinance shall be deemed independent of all other provisions
herein , and it is further the intention that if any provisions of
this ordinance be declared to be invalid , that all other
provisions hereof shall remain valid and enforceable RMI 07 JJ
SECTION 3 . Emergency . The Board of Directors hereby determines
the making of unreasonable , excessive , unnecessary or unusually
loud noises is a condition which exists within the City ; that
such noise is detrimental to the public health and welfare ;
all
and that the passage of this ordiance is necessary to prohibit
the making of such noise . Therefore , an emergency is hereby
declared to exist and this ordinance being necessary for the
public health and welfare shall be in full force and effect
from and after its passage and approval .
PASSED AND APPROVED this 41 day of
19Zf.
APPROVED :
MAYOR
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Vol C. CLERK
COON " Ile
CERTIFICATE OF RECORD
Stntc of Arkansas SS
City of 'r aycttwi!le
CERTIFICATE OF RECORD { Aof Ft R.et h';od!oc!;, City Clerk and By-
1,
OF ARKANSAS ) Q{f1C10 recUTdCl• fu: ti1C t•'ty Of FayC::eVi1lC,
SS. do her'by ecrt:iy tilnt t11C nna::•c;{ or forc-
wsl;inC;cr County 1.. ett113
I , ^. •it.. Kp�roi •ti Circuit Clerk and Ex.Officio Recorder for ;moi, r, i, of re' xr)r-i .1•td t•
•vn-i,'q ,ton Co. ,n Co hereby certify th3: .he annexed or tore �� -;; Ordi ,a:1r_e
oo fly:
.,.>. u nt was fledyyfgqor recofP-' .,y office on they o day , t l 1 ,. 17L.,e �iu'X—/—' • • iinCGs t:1Y
� 191st -9 o' 4 A4.1, and the same is V �4L � (��"�
p�—�F�f� '�/ . .1y of
I,i . n�nrded iR .__L`li et—record _ -0 atpage gay Inan:! an-i S::a t,.iS---^---
wkness my hand and seal this day of 19�
Circuit C erk and
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Ex-Officio Recorded Cit • Clerlc and Ex-Offi.ia :teco.der
Br OD ate.
Deputy Clerk
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