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HomeMy WebLinkAboutOrdinance 3926 ORDINANCE NO. 3926 AN ORDINANCE REPEALING §96.04 OF THE CODE OF FAYETTEVILLE AND SUBSTITUTING A NEW §96.04 LIMITING NOISE LEVELS WITHIN LAND USE CATEGORIES, ESTABLISHING NOISE LEVELS FOR TRANSIENT AND CONSTRUCTION SOUNDS AND PROVIDING FOR RELATED MATTER AND ADDING §96.05(D) TO THE CODE OF FAYETTEVILLE PROHIBITING OPERATION OF ANY SOUND AMPLIFICATION DEVISE WITHIN A VEHICLE PLAINLY AUDIBLE AT A DISTANCE OF 30 FEET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . Section 96.04 of the Code of Fayetteville is hereby repealed and the following is hereby substituted in its place: §96.04 LIMITATIONS BY LAND USE CATEGORY .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 within the use districts in Table 1 below which exceeds the maximum noise levels as set forth in Table 1 as measured at any point on the boundary of the property from which the sound or noise is emanating. A complaint under this section must be brought by a property owner or leaseholder affected by excessive noise on their property . Use Districts Time Maximum Noise Levels All Residential Zones 11 :00 PM to 7:00 AM 55 dB(A) 7 :00 AM to 11 :00 PM 60 dB(A) All Commercial Zones 7 :00 AM to 11 :00 PM 75 dB(A) 11 :00 PM to 7 :00 AM 70 dB(A) All Industrial Zones 11 :00 PM to 7 :00 AM 75 dB(A) 7 :00 AM to 11 :00 PM 80 dB(A) All measurements shall be taken with a sound level meter in its fast or peak level setting. Page 2 Ordinance No. 3 9 2 6 B . District Boundaries. When a noise source can be identified and its noise measured in more than one use district, the noise level limits of the most restrictive use district shall apply at that district boundary. C. Commercial Source. Notwithstanding the zoning classification of the underlying parcel, restaurants, night clubs, private clubs, auditoriums, dance halls, and rehearsal studios are defined as commercial sound sources existing in commercial zones for the purposes of this ordinance. D. Transient Source. For a transient sound emanating in any land use category, the peak noise level shall not exceed 20 decibels above the limit set in Table 1 above. E. Construction. Construction projects shall be subject to the limitations specified for industrial zones for the period of time allowed by the building permit. Section 2. If any part of this ordinance or the application of the same to any person or set of circumstances, is for any reason held to be void or invalid, the validity of the remaining parts of this ordinance or its application to other persons or sets of circumstances shall not be affected thereby. Section 3 . §96.05(D) is hereby added to the Code of Fayetteville: §96.05 Motor Vehicle and Motorcycle Sound Limit. D. Operating or causing to operated any sound amplification devise from within a vehicle so that the sound is plainly audible at a distance of thirty feet (30) feet or more from the vehicle whether in a street, a highway, an alley, parking lot or driveway, whether public or private property is prohibited and declared to be a noise disturbance in violation of this ordinance. PASSED AND APPROVED this 3rd day of October 1995 . APPROV 'D: By : red Hanna, Mayor ATTEST: By: Traci Paul, City Clerk ORDINANCE NO. 3926. AN ORDINANCE REPEALING §96O�.QI; THE CODE ':OF, • L`. 1. � �.111 S.! `>. '' z''. '+ . ; '-� 1 FWI�TTEVILLE AND SUBSTI-1 TUTING A NEW §96.04 LIMIT- ING NOISE LEVELS WITHIN ' STATE OF ARKANSAS rLA`ND USE CATEGORIES, ES- TABLISHING NOISELEVELS ss. FOR TRANSIENT AND CON- County of Washington STRUCTION SOUNDS AND ' PROVIDING FOR RELATED MATTER AND ADDING I, hereby cer- 696.05(13) TO_LHE CODE OF FAYETTEVILLE PROHIBITING tify that I am the pub her of E NOR EST ARKANSAS TIMES, a daily OPERATION OF ANY SOUND D. Transient Source. For a newspaper having a second class ailing privilege, and being not less than four pages of AMPLIFICATION DEVISE transient sound emanating in five columns each, published at a fixed place of business and at a fixed (daily) intervals j WITHIN A VEHICLE PLAINLY pea,land use e l category, the continuous) in the Cit of Fayetteville, Count of Washington, Arkansas for more than AUDIBLE AT A DISTANCE OF peak noise level shall not Y Y Y Y g X 30 FEET. exceed 20 decibels above the a period of twelve months, circulated and distributed from an established place of business BE IT ORDAINED BY THE limit set in Table 1 above. to subscribers and readers generally of all classes in the City and County for adefinite price CITY COUNCIL OF THE E. Construction. Construction for each copy, or a fixed price per annum, which price was fixed at what is considered the CITY OF FAYETTEVILLE, projects shall be subject to value of the publication, based upon the news value and service value it contains, that at ARKANSAS: the limitations specified for industrial zones for the period least fifty percent of the subscribers thereto have paid cash for their subscriptions to the Section. 1. Section §96.04 of of time allowed by the build- newspaper or its agents or through recognized news dealers over a period of at least six the Code of Fayetteville is ing permit. hereby repealed and the fol months; and that the said newspaperpublishes an average of more than forty percent news lowing is hereby substituted in Section 2. If any part of this matter. its place: ordinance or the application of the same to any person or 696.04 LIMITATIONS BY set of circumstances. is for I further certif that the legal notice hereto attached in the matter of LAND USE CATEGORY. any reason held to be void or invalid, the validityof the re- ��j 4�lLffOCJ A. No person shall operate or maining parts of this ordi- CCLL(! cause to be operated, or per- nance or its application to mit, contract or allow to b- cumstences shall not be af- other persons sets of cif- operated on premises on pub- was published in the regular daily issue of said newspaper for lic or private property any -fected thereby. consecutive insertions as follows: identifiable source of sound in such a manner as to create Section 3. §96.05(D) is �{' a sound level within the use hereby added to the Code of The fust insertion on the U f/ day of 19 �� districts in Table 1 below Fayetteville: . which exceeds the maximum noise levels as set forth in §96.05 'Motor Vehicle the second insertion on the day of 19 Table 1 as measured at any and Motorcycle Sound point on the boundary of the Limit. , property from which the sound the third insertion on the day of 19 or noise is emanating. A com- D. Operating or causing to op. plaint under this section must -stated any sound amplifica- be brought by a property own- tion devise from within a vehi. and the fourth insertion on the day of 19 er or leaseholder affected by cle so that the sound is plain- excessive noise on their prop- ly audible at a distance of . erty. thirty feet (30) feet or more from the highway, whether in . 'I / Use Districts;Time: All 1 :00 PIA street, a hig hway, an alley. tial Zones. Time: 11 :00 PM parking lot or driveway, wheth- _ to 7:00 AM. Maximum er public or private,property is 1 � C,iPublisher Ge ane er t Noise Levels: 55 dB(A). prohibited and declared to be Ii� V 0 1 �5 B Time! 7:00 AM to 11 :00 PM. a noise disturbance. in viola- 1 V Maximum Noise Levels: tion of this ordinance. Us60 e F(� 4�GE DEPT, Use ones. Time: All00 AM t - PASSED AND AP• ) `Pial Zones. Time: 7:00 AM to PROVED this 3rd day of Oc- R11 :00 PM. Maximum Noise tober. 1995. evels: 75 dB(A). Time: 11 :00 PM to 7:00 AM. Maxi• APPROVED: . mum Noise Levels: 70 By: Fred Hanna, Mayor dB(A). Use Districts: All Industrial ATTEST: ' Zones. Time: 11 :00 PM to By: Traci Paul, City Clerk 7:00 AM. Maximum Noise I Levels: 75 dB(A). Time: 7:00 AM to 11 :00 PM. Maxi. mum Noise Levels: 80 Sworn to and subscribed before me on this day of dB(A). All measurements shall be r I r_L���%�• w " V 19_'� taken with a sound level meter —� in its fast or peak level set- ting. B. District Boundaries. When ' a noise source can be identi- ' Notary Public tied and its noise measured in , I more than one use district, the noise level limits of the most My Commission Expires: restrictive use district shall' 7 I✓ apply at that district bound- I Lary. , I fCtCC(<CGCCCCCC<CCCUUucCCu cCCCCSC C. Commercial Source. Not- 1 rC withstanding the zoning clas- ^ t WiPfna '4Cc 0"'C" silication of the underlying I I 8 1 r10;8t)' pu�(iC, 51 0DYACIff1I1sS5 ;< parcel, restaurants. nigM� Fees for Printing S f }jgTltOn COU1i 1( clubs. private clubs, auditori- 1 y ums, dance halls, and re-'. Cost of Proof $ r My Commission Expires 07/25/05 �( hoarser studios are defined es commercial sound sources Total $ ««««�����������������������««( existing incommercial zones for the purpose of this ordi- nance.