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Home My WebLink AboutOrdinance 3624 t •V1111 V...1ROL 2'. •a •MJL' y(J ORDINANCE NO , 3624 AN ORDINANCE AMENDING CHAPTER 96 , NOISE CONTROL , SECTION 96 . 04 , LIMITATIONS BY LAND USE CATEGORY , SUBSECTION ( A ) , TO PROVIDE THAT A COMPLAINT UNDER THIS SECTION MUST BE BROUGHT BY A PROPERTY OWNER OR LEASEHOLDER AND THE DECIBEL LEVEL SHALL BE MEASURED FROM WITHIN THE COMPLAINANT ' S PROPERTY OR LEASEHOLD BOUNDARY . WHEREFORE , it is the intent of the Board of Directors of the City of Fayetteville to protect the citizens from unreasonable or excessive noise while in their homes and/or on their property . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 , That Chapter 96 , Noise Control , Section 96 . 04 , Limitations by Land Use Category , Subsection ( A ) , shall be repealed and the following inserted in its stead : Chapter 96 : Noise Control § 96 . 04 Limitations by Land Use Category ( A ) No person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set for the receiving land use category in Table I below . A complaint under this section must be brought by a property owner or leaseholder and the decibel level shall be measured from within the complainant ' s property or leasehold boundary . TABLE 1 Receiving Land Use Time Sound Level Category , • , . - Limit R- 1 , R- 2 , R- 31 R-O and F 7 : 00 a . m. - 11 : 00ip . m . • -.•. 65dB 11 : 00 p . m . - . 71•: 00., a :.m :: 60dB C- 11 C- 21 C- 3 , and C- 4 7 : 00 a . m . - 11 : 00 p . m . 70dB 11 : 00 P . m . - , 7 : 00 a . m . 65dB I- 11 I - 21 A-1 and P- 1 7 : 00 a . m . - 11 : 00 P . m . 80dB 11 : 00 p . m . - 7 : 00 a . m . 80dB 1 CERTIFICA i E OF RECORD Stale of Arhersos ( SS City of F.ayaltevMo I, Sherry Thomas, City Clerk and Ez- eiricio recorder for the City of Fn ellp%rtife, do hereby certify that the ann+xed or foregoing is of record in my office and the some appears in Ordinance & Resolution bookxv at page 6S Witness my and and :eA tn _day of 0 Cler and Ea�Ott'lclonReeoraac y Page 2 Ordinance No , 3624 PASSED AND APPROVED , this 4th day of August , 1992 . APP BY Mayor ATTEST : By : Ci Clerk 1 � STATE of ARKANSAS l J} as. • County of Washington ORDINANCE NO. 3524 ' AN ORDINANCE AMEND- I, '�l N I V t 1 \/y' hereby certify that I wG CHAPTER 96, NOISE ', am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper CONTROL. SECTION 96.04. having a second class mailing privilege. and being not less than our es of five a LIMITATIONS BY LAND B B Pn B B fpages USE CATEGORY. SUBSEC- . columns each, published at a fixed place of business and at a fixed (daily) intervals ; TION (A): TO PROVIDE continuouslyin the Ci of Fayetteville, Colin of Washington, Arkansas for more THAT ''A COMPLAINT City Y County B n• UNDER THIS SECTION than a period of twelve months, circulated and distributed from an established place - MUST BE. BROUGHT BY A of business to subscribers and readers generally of all classes in the City and County PROPERTY OWNER OR .LEASEHOLDER AND THE for a definite price for each copy, or a fixed price per annum, which price was fixed DECIBEL LEVEL SHALL BE at what is considered the value of the publication, based upon the news value and ser- MEASURED FROM WITHIN vice value it contains, that at least fifty cent of the subscribers thereto have aid THE COMPLAINANT ' S tY Pcr P PROPERTY OR LEASE- cash for their subscriptions to the newspaper or its agents or through recognized news HOLD BOUNDARY. dealers over aiod of a least six months, and that the said news publishes an WHEREFORE, it is the in- Pcr P6P6T tent of the Board of Dirao- average of more than forty percent news matter. tors of the City of Fayette- viae to protect the citizens r X- I further certify that the legal notice hereto attached in the matter of from unreasonable or az- Y B cessive noise while in their — I homes and/or on their o/. property- t lJ . _Y IAA A _l NOW, THEREFORE, BE IT / ORDAINED B Y THE published in the regular daily issue of said newspaper for BOARD OF DIRECTORS was OF THE - CT' OF FAYET- consecutive insertions as follows: TEVILLE, ARKANSAS: Section 7. That Chapter 96, Noise Control, Section The first insertion on the day of 1 LCIA ,( .n 19 96.04, Limitations by Land Use Category. Subsection the second insertion on the da of 19 (A). shall be repealed and Y the following inserted in Its stead: the third insertion on the da of 19 Chapter 96: Noise Control Y §96.04 Limitations by Land use Category and the fourth insertion on the day of 19 ' (A) No person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which ex- Pu isher / General Manager ceeds the limits set for the receiving land use category in Table I below. A com- plaint under this section - Sworn to and subscribed before me on this day of must be brought by a prop- erty owner or leaseholder l and the decibel Ishall measured from within the the complainant's property or leasehold boundary. TABLE 1 Receiving I-and Use Categ- ory, Time. Sound Level Not Public Limit: R-1 , R-2, R.9, R O and F, 7:00 am-11 :00pm, 65dB; ' 11 :00pm-7:00am. 60d8. My Commission Expires: C-1 , C-2. C-3. and C-4, 7 :00am-11 :00pm, 70d B; Q — /� / —//1 11 :00pm-7:00am, 65dB. / r t � ! 1- 1 , 1-2. A-1 , and P- 1 . 17 :00am- 11 :00pm, 80d8; 11 :00pm-7:008M. 80d B. PASSED AND of A this 4th day of August. Fees for Printing $ 1992. B APPROVED: BY: Fred S. vorsanger � Cosi of Proof $ ATTEST: Mayor 4�q';Dp clot ''By: Sherry L. Thomas Total $ 06 ' 'City Clerk