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ORDINANCE NO . d (0 7 llI�GTGy , OJ
C (ff�//f G<<�GIV ry Q
AN ORDINANCE AMENDING SECTION 13 - 8 . 1 OF THE FAYE7`TbrgF JR RK.
CODE OF ORDINANCES TO CLARIFY THE PROHIBITION AGAINST
UNREASONABLE OR EXCESSIVE NOISE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 , That Sec . 13 - 8 . 1 of the Fayetteville Code
of Ordinances is hereby amended to read as follows :
Sec . 13- 8 . 1 Unreasonable or excessive noise prohibited .
( a ) No person shall unreasonably make , continue ,
or cause to be made or continued , any noise disturbance .
( b ) The provisions of this section shall not
apply to ( 1 ) non-commercial public speaking and public
assembly activities conducted on any public space or
public right-of-way ( 2 ) the emission of sound for the
purpose of alerting persons to the existence of an
emergency , ( 3 ) the emission of sound in the performance
of emergency work ( 4 ) the movement of aircraft which is
in all respects conducted in accordance with , or pursuant
C1 to , applicable federal laws or regulations , ( 5 ) the use
_ 1 of bells or chimes in conjunction with places of
religious worship , and ( 6 ) the intentional sounding or
permitting the sounding of any fire , burglar , or civil
defense alarm , siren , whistle or similar stationary or
emergency signaling device , for emergency purposes or
for testing , provided such testing uses only the minimum
cycle test time .
(c )_ No person shall operate or cause to be operated
on private property any source of sound in such a
manner as to create a sound level which exceeds the
limit set for the receiving land use catagory in Table
I below when measured at or within the property boundary
of the receiving land use .
TABLE I
Receiving Land Use
Category Time Sound Level Limit
R- I , R- 2 , R- 3 , R- 0 7 : 00 A . M . - 11 : 00 P . M . 65 dB
and F 11 : 00 P . M . - 7 : 00 A . M . 60 dB
C- 1 , C- 2 , C- 3 7 : 00 A . M . - 11 : 00 P . M . 70 dB
and C- 4 11 : 00 P . M . - 7 : 00 A . M . 65 dB
I- 1 , I- 2 , A- 1 7 : 00 A . M . - 11 : 00 P . M . 80 dB
and P- 1 11 : 00 P . M . - 7 : 00 A . M . 80 dB
For a transient sound source emanating any receiving
land use category , the peak noise level shall not
exceed 15 dB above the limit set in Table I above .
MICROFILMED
®1029 781
- 2 -
( d ) No person shall operate or cause to be operated
a public or private motor vehicle or motorcycle on a
public right-of-way or private property at any time and
in such a manner that the sound level emitted by the
motor vehicle or motorcycle exceeds the level set forth
in Table II below .
TABLE II
Motor Vehicle and Motorcycle Sound Limit
(Measured at 25 feet from the near side
of the nearest lane monitored )
Sound Level In dB
SPEED LIMIT SPEED LIMIT STATIONARY
VEHICLE CLASS 35 MPH OR LESS OVER 35 MPH RUN-UP
Motor carrier vehicle
engaged in interstate 92 96 94
commerce of GVWR or
GCWR of 10 , 000 lbs .
or more
Any other motor vehicle
or any combination of 78 78 78
vehicles towed by any
such motor vehicle
Motorcycles 78 78 78
( e ) No person shall operate or cause to be operated
any motor vehicle or motorcycle not equipped with a
muffler or other sound dissipative device in good
working order and in constant operation .
(_f ) No person shall sound any horn or other
auditory signaling device on or in any motor vehicle on
any public right-of-way or public place , except as a
warning of danger .
(g ) The City Manager shall have the authority to
issue a permit , upon a showing of undue hardship , for a
variance from the provisions of this section upon a
showing by the applicant that :
Cl )_ Additional time is necessary for the applicant
to alter or modify his activity or operation to
comply with this section ; or
(_21 The activity , operation , or noise source will
be of a temporary duration and cannot be done in a
manner that would comply with this section ; and
(31 No reasonable alternative is available to the
applicant .
An application for a variance permit shall be in
writing on a form prescribed by the City Manager . In
issuing a variance permits the City Manager may impose
reasonable conditions or requirements necessary to
minimize adverse affects upon the surrounding neighborhood .
� � ?� 782
3 -
( h ) The violation of any provision of this Section
shall be punished by a fine of not more than $ 500 . 00 or
double that sum for each repetition of such violation .
If the violation is , in its nature , continuous in
respect to time , the penalty for allowing the continuation
thereof shall not exceed $ 250 . 00 for each day that the
same is unlawfully continued .
( i ) ( 1 ) In lieu of issuing a notice of violation ,
a noise control officer responsible for enforcement of
any provision of this section may issue an order requiring
abatement of any source of sound alleged to be in
violation of this section within a reasonable time
period . An abatement order shall not be issued when the
noise control officer has reason to believe that there
will not be compliance with said order .
( 2 ) A violation of any provision of this
section shall be cause for a notice of violation to be
issued by the noise control officer .
( j ) Definitions :
Decibel ( dB ) : A unit for measuring the volume of a
sound , equal to twenty ( 20 ) times the logarithm to the
base ten of the ratio of the pressure of the sound
measured to the referenced pressure , which is twenty
( 20 ) micropascals ( 20 micronewtons per square meter ) .
Emergency : Any occurrence or set of circumstances
involving actual or imminent physical trauma or property
damage which demands immediate action .
Emergency Work . Any work performed for the purpose of
preventing or alleviating the physical trauma or property
damage threatened or caused by an emergency .
Noise Control Officer : A municipal official designated
by the City Manager as having responsibility for enforcement
of this section .
Gross Vehicle Weight Rating ( GVWR ) : The value specified
by the manufacturer as the recommended maximum loaded
weight of a single motor vehicle . In cases where
trailers and tractors are separable , the gross combination
weight rating CGCWR ) which is the valued specified by
the manufacturer as the recommended maximum loaded
weight of the combination vehicle , shall be used .
Motor Carrier Vehicle Engaged in Interstate Commerce :
Any vehicle for which regulations apply pursuant to
Sec . 18 of the Federal Noise Control Act of 1972 ( PL92 -
5741 , as amended , pertaining to motor carriers engaged
in interstate commerce .
Noise : Any sound which annoys or disturbs humans or
wh cih causes or tends to cause an adverse psychological
or physiological effect on humans .
Noise Disturbance : Any sound which ( a ) endangers or
injures the safety or health of humans or animals , or
CbL annoys or disturbs a reasonable person of normal
sensitivities or ( c ). endangers or injures personal or
real property .
®10- 99 783
4 -
Public Right-of -Way . Any street , avenue , boulevard ,
highway , sidewalk or alley or similar place which is
owned or controlled by a governmental entity .
Public Space : Any real property or structures thereon
which are owned or controlled by a governmental entity .
Sound Level : The weighted sound pressure level obtained
by the use of a sound level meter and frequency waiting
network , such as A . B , or C as specified in the American
National Standards Institute ' s specifications for sound
level meters . If the frequency weighting employed is
not indicated , the A-weighting shall apply .
Sound Level Meter : An instrument which includes a
microphone , amplifier , RMS detector , integrator or time
averager , or output meter , and weighting network used
to measure sound pressure levels .
Sound Pressure Level : Twenty ( 20 ) times the logarithm
to the base ten of the ratio of the RMS sound pressure
to reere�ce pressure of twenty ( 20 ) micropascals ( 20
x 10 N/m ) .
Transient Sound Source : Noise , the source of which is
lawn equipment , an implement of husbandry , a domestic
power tool , or the repairing , rebuilding , modifying , or
testing any motor vehicle or motorcycle .
( k ) Sound level measurements shall be made with a
sound level meter type II or better using the " A "
weighted scale in conformance with the standards promulgated
by the American National Standards Institute .
Section 2 . If any provision of this Ordinance is held
to be unconstitutional or otherwise invalid by any Court of
competent jurisdiction , the remaining provisions of the
Ordinance shall not be invalidated .
Section 3 . That all ordinances or parts thereof in
conflict herewith are hereby repealed .
Section 4 . The Board of Directors hereby determines
that t eikng of unreasonable and excessive noise is a
condition which exists within the City ; that such noise is
detrimental to the public welfare ; and that the passage of
this Ordinance 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 welfare
shall be in full force and effect from and after its passage
and approval .
PASSED AND APPROVED this day of
1980 .
APPROVED :
LW
MAY /
� .. S AT,TESt '
f, m
° • CITY%. C,L1ZRK
' X1029 784
CERTIFICATE OF RECORD
State of Arkansas SS
City of Fayetteville
I, Vivian Koettel, City Clerk and Ex-Officio
racord-er for the City of Fayetteville, do here-
E: :;y certify that the aareKc I or foregoing i3
ffer: and the same ap•
rd record in my o
pears in Ordinance & Resolution book
Xfit page—_�--j_. Witness my
an44 day of
hand�nld�nh t 190
CERTIFICATE OF RECORD Cit' Clerk and EvOUW0
STATE OF ARKANSAS ) , . ,. .
Washington County SS.
I, Alma L. Kollrneyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or effore.
goin in tru lent was filed for recordin my o fice on thor4day
of 19at�at o'�o clock1, and the same is
duly recorded inA49A record
— atpage/
�
day of
Witness my hand and seat thi _1g�0
Circuit Clerk and
Fx fficio Record
1 papuW Clark
ORDINANCE NO. AN
AN ORDINANCE AMENDING SECTION 1381 OF PHI
FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY
THE PROHIBITION AGAINST UNREASONABLE OR EI :I.. mf to Ox• rery:tomvd plesnurr, anuli is [went t20i mtcroll
CE IVE NOISE. I micronewtons per square meter)
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF Emergemv: Anv Occurrence or set of ern:instances involving a.'
FA YETTEVILLE, ARKANSAS rmnunent physical trauma or property damage which demands am:
Section l That Sec. 138.1 at the Fayetteville Code of Ordinances is heretic action.
amenAedloreadasfollows Emergency lat An) work performed for the purpose of preveo'.
Ser. 138.1 Unreaerwble or excessive noise prohiblat al levia hng the physical trauma or property damage threa temd or 111sM hi aI.
a . No person shall unreasonably make, continue, or cause to be made or se eraenay.
r coninued aa-vmouedalurbance. NoisrCrmlrW (Mic" Amunicipal official designated by the Ci!y Mafageras
rbI The provalms of this section shall not apply to (II non-commercial full 'tag I espinssibility for enforcement of this section.
Public speaking and public assembly activitiesconducted on any publicspa.a e.f Cmss Vehicle Neight Rating (GY%RI: The value specdfed by .the
Public righlaf-way 12) the emission of sold for the manufacturer as the recommended maximum loaded weight of a single motor
W the exis4nee Of an emergencv, (3) the emission ofsound in the rperformance
v location
In cases trig trailer and tractors are separable, the gross
of ted in
wank accordance the mmvemmt of aircraft which is in all resls'eL= cion bvianor. %eight rating oG('KR. wbich is the slue spmifisd by the n:.,
[lunged in heusewith, h pursuant to, a licabfe 'rarer is One re omreended maximum loaded weight of the combination
pp federal lawsgi reRu1a- shah lie used g
turns, o v Ne rax of bells or chimes in rnnjunction with places of religious won
ship, and (60 the intentional sounding or permitting the sounding of any bre. Motor Carrier Vehicle Engaged in In4rsatt Commerce: Any velli
burglar, or civil defense alarm. siren whisilewsimliarstatimaryoremergen which regulations apply pursuant tri gaol the Federal Noise Conuw.
=rgnaling device, for emergency purposes or for testing, provided such flr21 PLIN 574), as amended. Pertaining to motor carriers engaged in unci
eating uses only the minimum cycle lest time commerce.
ocI No person shall operate or cause to lir operated on innate property an. Noise: Any sound which anneys or dishtrbs humans Or which causes a nerds
source of .wand in such a manner as to create a small leve' which exn Ms the tocauseen aciversepsycholoaical orphysblogical effect an humans.
limit set fu the rerwtvmg land use category in Table I Wow when measured aI Noise Dhturba al Any sound which nal endorser, ..r o:i.vos Inn
health of humans or animals. or Iba annoys or h
arwilhm the Property bounden of tbdresin ing land use. normal sensitivities or Tali endangers or injures Is
Public Right-M-It ay: Any street avenue real oils f,n ray, z
TABLE Ivoy i l. . y
Renin int Land Car u!Puoar Space:
which isowned or controlled byaem which
a cooly.
l'afegan- Praline Space: Any real Property or sWCWres' thereon which are awned For
controlletl by a governments! entity.
R-I , R 2, H 9. nine Sound level Limit Sound Level: The weighted sound pressure level level obtained by tie us.
Rai and 7A'fit_ 11 P_M. fil sound level meter and frequency waiting network, such as A. B, For C as sp.
IC-2. (' :f D P.M. - 7A.M. Wl ,n the American National Standards Institute's specifications for sualt,
and - 7 A.M. � 11 P.M 70 dB meter. If the frequency weighting employed is not indicated. the A-isr_
I I I2 rIIP.M -
. . AI 7A.A1. 65 dB shell ripply.
snot k1
7A M. - Il P.M. WdB Sound Level Metec An instrument which includes a microphone.
11 P.M. 7A.M. godly RMS detector, integrator or time averager, or output melee. au'
I"+r a transient sound scarce emanating any receiving land tore.category network used to measure sound pressure levels.
:hr
"ll, ,(,are level shall not exceed :51 above the limit set in Table I above. Sound Pressure Level: Twenty r till times the logarithm to 1. son the
n peor shat] operate or cause to be operated a public or pre want d the RATS sound nc
pressure to referee pressure o, I,%
hielr m motorcycle on a Public right-0I-way or private properly at am- micropawals 120x 10141 Nzmt21 f.
n su I IF a inanner that 'he sound level emitted by the motor vehicle or Transient Slid Soul Noise, the source of which is lawn equipment, an
Ce exec ds the Iecel set forth in Table II below. implement of husbandry, a domestic power tool, or the repairing. rebuilding.
TABLE 11 modifying, or testing any motor vehicle or motorcycle.
Mmnr VeMclr and Moareyde Sound Limaf AT Seed level measurements shall lir made with a sound level meter type
lm % erM at 25 feet from the nearside H or better using the "A" weighted scale in conformance with the ssanflards
.:f the tuna rest lane monitored i promulgated by the American National Standards Institute,
BOYnd !Rvel In dB Section 2. If say provlslon of this Ordinance is held to be un accUliiRpal M
SPEED LIMIT SPEED LIMIT STATIONARY otherv. lsr invalid by any Court of competent furadiction, the remsamg
tl lu '.. I eI far 3"PHORI.ESS Of'FRM .%IPH provisions of ihe0rdtnance shall not be invalidated.
)I RUN.EP SrMior. 3 That all ordinances; or parts thereof in conflict herewith a" herehv
= '.e �le g2repealed. -
.1 i, i w R or % 9a Section (. The Board of Directors hereby determines that the making of
n i ' 01I1.1 unma,onable and excessive noise is a caMigion which exists within. the City,
Quit such noise is detrimental to the public welfare, and that the passage Of this
4. . .then nll .o- iehrcle Irrdinanee Is necessary to pruhlbit the making of such noise. Thevefore, an
oniboa'ron of s 78
I'mergeuev Is hereby declared to exist and this Ordinance Ming necessary for
sed h•, an , 7a the Public Ill shall be in full force and effect from am after its passage and
such inn .+oi ¢. approval
Moto-, -les 78 PASSED AND APPROO, ED ibis 9th day of November, 151D.
APPROVED.
No pot e ap;F operate In cause to ot operated any motiv v device in .John Tadd
o-ol " ie not nmrppM with a muffler or other sound dissipative devil in
tial kens onnvmd minden) operiation MAYOR
Vo µnon shall sound ;up horn or otter auditory signaling device on or i IlisF K:ad:el
in an . "'()for 11da vehlrle ..n ,mv public righbof-way of while place. ex t n
warn K d Jurgen rep n a y"IIS I111iK
' hv (la; 5lanagrr shall have the authority 10 issue a permit. upon -
show ra If undue hardship, for a variance from the pruvisionr of this section
ulli % •v uheapplirant t!at
unit,
time a n as nersssfur the applicant to al4a
r
.bps :,(if% vIF,perzhor tocomplY with thissection, or .
e:ro'ruy opo Ion. Far noise source will beat a tem.
h.' . n
xinrr ,tor port Laid cannot the m•e Thoin a manner that would
empty . rah :b_. ¢, r as- and
I •,o -, eonai leaPernahve is avaiable rO the applicant
' . juaToon Lm IF e anance permit shall be in %rating on a form prescribed
by '1 . I !1,1 Fla iter in issuing a variance Permit the Cil; Manager may
imp')' ars soca lilt rand r Imu oar requirements mosessary to mam maze Adverse
affe� turns -urroundrngnr•rghWrhesd.
I The cola ti on of an, prw,isun of this Seet ion shall be pini shed by a fine
Of or re than S:aaeti h
i to rat last that sum fur each repon of such SalfarIf TI
is an Its nature continual in respect to time. the penalty lar
ally.. uK the nmimUTINan thereto shut' not exceed 1254 OFF for each day Dat the
cam. r- unlawfully' cootmuedi.
In hear of issuu:K a unfair of violation, a ionise cralrW„of(iaer
resp. I 'e fel enlon¢•mrnf of anal Precool of this section may issue an order
reqs^ at ahateor ng of any source of sound alleged to he in violation a this
seell I i . r'hrn It Tea smal le lime Pascal An aha gement order shall not be :
Swed
whr• the nssv control officer has reason to believe that there will not e
rompluenre car Ili said order be
i vro]all of anv provisional this section shall because fora armee a
viola r IOo Qo he awed by the noise cant rol officer.
i Definrfionr