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Home My WebLink AboutOrdinance 3724 CO C^ T ORDINANCE NO. 3724 n c r cn rn r � m AN ORDINANCE AMENDING CHAPTER 96, NOISE o z CONTROL, SECTION 96.04, LIMITATIONS BY LAND USE CATEGORY, SUBSECTION (A), TO MAKE LIABLE PERSONS m z m THAT PERMIT, CONTRACT, OR ALLOW TO BE OPERATED n ON PREMISES EXCESSIVE SOUND, TO PROVIDE THAT n ~ THE SOURCE OF EXCESSIVE SOUND BE INDENTIFIABLE, co AND TO REDUCE THE SOUND LEVEL LIMITS IN R- 1 , R-29 R-31 R-0 AND R- 1 .5 ZONING DISTRICTS . BE IT ORDAINED BY THE COUNCIL 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 That Chapter 96, Noise Control, Section 96.04, Limitations by Land Use Category, Subsection (A), shall be repealed and the following inserted in its stead: Chapter 96: Noise Control §96.04 Limitations by Land Use Category (A) No person shall operate or cause to be operated, or permit, contract or allow to be operated on premises on public or private property any identifiable 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 any point within the complainant's property or leasehold boundary. TABLE 1 Receiving Land Use Time Sound Level Category Limit R- 12 R-21 R-37 R-0 and R- 1 .5 Sunday thru Thursday 7 :00 a.m. - 10:00 p. m. 55dB 10:00 p. m. - 7 :00 a. m. 50dB Friday thru Saturday 7 :00 a.m. - 11 :00 p. m. 55dB 11 :00 p.m. - 7:00 a.m. 50dB C- 1 , C-2, C-3 , and C-4 7 :00 a. m. - 11 :00 p. m. 70dB 11 :00 p. m. - 7 :00 a. m. 65dB 1-1 , I-2, A- 1 and P- 1 7:00 a.m. - 11 :00 p. m. 80dB 11 :00 p.m. - 7 :00 a. m. 80dB 93 55298 Page 2 Ordinance No. 3724 September 21 , 1993 Section The City Council hereby determines that the immediate enactment of this noise control ordinance is necessary to protect our citizenry from currently existing unreasonable and excessive noise; that such noise is detrimental to the quiet and orderly enjoyment of the property of our citizens and detrimental to the public health, safety and welfare. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety and welfare shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 21st day of Sc=rnber , 1993 . APPROVED: By: /i�� F •ed Hanna, Mayor ATTEST: By: Sherry 1Y. Thomas, City Clerk r t{iiP I • ^9 VicVV ; Vo �yIfS ' • . . . .. . 93 55299 CERTIFICATE OF RECORD State of Arkenses City of Fagettevilie SS L Sherry Thomas, City Clerk and Ex- ®fficio recorder for the Cit of Fay,i:`eyille, do hereby certify that t rite arra)Ked or fo egging is of record in my of3i .ce and the same annears ii Ordinance & Resolution book X � , r ti page__ � � Witness nay l;an - and seal t tea/ x day of 19 7-3 2d ✓ caiy Ctor. :: 4 10. a� su 3u Y ..'.7 i.T E � c . : a :a d Cook arra . C 104,3va harountf cot any ita..o :..3 ,i;:. _: tho coal of told I hmo h:rounp Court on t;.o e3to I�:.i;calad h6rooa ` -d tin coal of old Cc .1. ..cated horaom 6Jmaf:o:hecya - Grcult Uak and A!. .. .r Gr.l and • Exoffi ` Recorder Ex-oil...io Gocorder by by ORDINANCE- NO. 3724 Section 2. The City Council AN ORDINARCE AMEND- hereby determines that the ING .CHAPTER 96, NOISE immediate enactment of STATE of ARKANSAS CONTROL. SECTION 96.04, this noise control ordinance LIMITATIONS BY LAND is necessary to protect our Ss. USE CATEGORY, SUBSEC- citizenry from currently ex- County of Washington TION (11. TO MAKE LIABLE (sting unreasonable and ex- PERSONS THAT PERMIT, cessive noise; that such CONTRACT, OR ALLOW noise is detrimental to the p I(� I TO BE OPERATED ON quiet and orderly enjoyment vx Y ,[ ) I42 .. I }- ra PREMISES EXCESSIVE of the property of our citi- t r lA .aly here certify that I SOUND , TO -PROVIDE lens and detrimental to the erg the publisher of THE I@DRTHWEST ARKANSAS TIMES, a daily newspaper THAT THE SOURCE OF EX- ptdblic health, safety and having a second class mailing privilege, and being not less than four pages of five CESSIVE SOUND BE IDEN. WZllere . Therefore, 8 an TIFIABLE. AND TO RE- emergency is hereby dee- colt mins each, published at a fixed piece of business and at a fixed (daily) intervals DUCE THE SOUND LEVEL lared to exist and this ordi- continuously in the City of Fayetteville, Comfy of Washington, Arkansas for more LIMITS IN R-1 , R-2. R-3, tante being necessary for ion a Period of twelve months, circulated and distributed from an established lace R-0 AND R-1 .5 'ZONING the public health, safety per p DISTRICTS. and welfare shall be in fun of business to subscribers and readers generally of all classes in the City and County BE IT ORDAINED BY THE force and effect from an af- for a definite price for each CITY COUNCIL •OF THE ter its passage and pri copy, or a fixed price per annum, which price was fixed CITY OF FAYETTEvaLE, approval. at what is considered the value of the publication, based upon the news value and ser- ARKANSAS: PASSED AND APPROVED Section 1 . That Chapter 98, this 17th day of Septem• vice value it contains, that at least fifty percent of the subscribers thereto have paid Noise, Control , Section bar, 1993. cash for their subscriptions to the newspaper or its agents or through recognized news 96.04, Limitations by Land Approved: dealers over a period of a least six months; and that the said newspaper publishes an Use Category, Subsection By: Fred Hanna. Mayor (A). $halt be repealed and ATTEST: average of more than forty percent news matter. the following Inserted In its Sherry L. Thomas. City stead: Clerk I further certifythat the legal notice hereto attached in the matter of Chapter 96: Noise Control g by tlon Use Category ,rte _ 1 , , b . - ,- p , '" -3 - ail by Land Use Category L�F�/b`�' u� � (A) No person shall operate or cause to be opemtatl, or permit, contract or allow to was published in the regular daily issue of said newspaper for be operated on premises consecutive insertions as follows: on public or private property (-1 any identifiable source of sound in such a manner as The first insertion on the � day of 1 `Kl to create a sound level which exceeds the limits set for the receiving land the second insertion on the day of 19 use category in Table 1 be- _ low. A complaint under this the third insertion on ithe . . da of 19 section must be brought by y a property owner or lease- holder and the decibel level and the fourth insertion on the da 19 s2: hall be measured from any point within the complain- ant's property of leasehold boundary. TABLE 1 Receiving Land Use - Publisher / General Manager Category: R-1 , R-2, R•3, R-O and . /] R•t.5 Swom to� a/nd�subsclribed beftire m(c oon•7tthhis Z% day of Time: 19 Sunday thrix Thursday. 7:00a.m. - 10:00 p.m., Sound Level Limit 55dB Public 10:00 p.m. - 7:00 a.m., 50dB Friday thru Saturday My Commissio/nn Expires: 7:00 a.m. - 11 :00 P-rrt-• % �o 55dB 11 :00 p.m. - 7:00 a.m., SOdb V R E C rS I V y D V C-1, C-2, C-3 AND C-4 Fees for Printing $ J 7:00 a.m. - 11 :00 p.m., OC i 0 5 1993 70dB — 11 :00 p.m. - 7:00 a.m., Cost of Proof $ 65d8a6 FINANCE DEPT, 1-1. 1.2. A-1 AND P-1 Tom] S /�� 7:00 a.m. - 11 :00 p.m., 80dB 11 :00 p.m. - 7:00 a.m.. 80dB