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HomeMy WebLinkAboutOrdinance 4052 ORDINANCE NOA0 22 AN ORDINANCE AMENDING CHAPTER 96, §96.02, UNREASONABLE NOISE PROHIBITED; EXCEPTIONS, TO PROHIBIT MUSIC AND OTHER SIMILAR SOUNDS BETWEEN THE HOURS OF 1 :00 A.M. AND 8 :00 A.M. WHEREAS, unreasonable and excessive sound is a serious hazard to the public health, welfare and safety and the quality of life of the citizens of Fayetteville and; WHEREAS, the citizens of Fayetteville have a right to and should be ensured an environment free from excessive sound that may jeopardize their health, or welfare, or safety, or degrade their quality of life and; WHEREAS, the playing of music, radio, and television often with bass reverberations is especially harmful to those citizens desiring to sleep during normal sleeping hours and; WHEREAS, the City has had numerous complaints from citizens desiring to sleep during normal sleeping hours but are unable to do so due to the playing of outdoor music and/or amplified sound and; WHEREAS, it is the policy of the City to prevent excessive sound which may jeopardize the health, safety or welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . Chapter 96; §96.02, Unreasonable or Excessive Noise Prohibited; exceptions of the Code of Fayetteville is hereby amended by deleting §96.02 in its entirety and substituting the following: §96.02. Unreasonable or Excessive Noise Prohibited; exceptions (A) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to make, or continue or cause or permit to be made or continued, any noise disturbance. (B) The provisions of this section shall not apply to: (1 ) The emission of sound for the purpose of alerting persons to the existence of an emergency; (2) The emission of sound in the performance of emergency work; Page 2 Ordinance No . 4052 (3) The movement of aircraft which is in all respects conducted in accordance with, or pursuant to applicable federal laws or regulations; (4) The use of bells or chimes in conjunction with places of religious worship; and (5) 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) For the purpose of this section, the use of an amplification devise, radio, television, phonograph, drum, musical instrument or similar devise which produces, reproduces, or amplifies sound shall be deemed annoying or disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public if the sound is produced between the hours of 1 :00 a.m. and 8:00 a.m., and is plainly audible a distance of 150 feet or more from the source of the sound. (1 ) Plainly audible means any sound produced as set forth above which clearly can be heard at a distance of 150 or more feet. The measurement standard shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernable and bass reverberations are included. (2) This provision shall not apply to athletic or school related events. PASSED AND APPROVED this _2nd— day of Scptember 1997. . • - APPROVED: f ' ) . By: +' < red Hanna, Mayor Y ATTEST• By: Traci* Paul, City Clerk ORDINANCE NO. 4052 (C) For the purpose of this sec- �/ © ✓� AN ORDINANCE AMENDING devise,eradio, televisiouse ol an n amplification NOCHAPTER 96 OISE PRO- I graph, drum, musical instru- O mens or similar devise which STATE OF ARKANSAS ` y S Z EXCEPTIONS, TO PROHIBIT produces, reproduces, or ampli- PROHIT MUSIC AND OTE- figs sound shall be deemed an- SIMILAR SOUNDS BE- noyi TW ng or disturbing to a per- SS. SIMILAR THE HOURS OF 1 :00 son, reasonably calculated to A.M. AND 8:00 A.M. disturb the peace and unrea. County of Washington WHEREAS, unreasonable antl sonabl offensive and injurious excessive sound is a serious to the public if the sound is pro- U� hazard to the public health, wel- ducetl between the hours of I, RANDALL COPE, hereby certify that I am the publisher of THE fare and safety and the quality 1 � a.m. and 6:00 a.m., and is of life of the citizens of Fayette- plainly audible a distance of NORTHWEST ARKANSAS TIMES, a daily newspaper having a second villa and; 150 feet or more from the class mailing privilege, and being not less than four a source al me sound. 9 P g g es of five pages WHEREAS, the citizens of (1) Plainly audible means any columns each, published at a fixed place of business and at fixed (daily) Fayetteville have a right to antl sound produced as set forth intervals continuously in the City of Fayetteville, County of Washington, should be ensured an environ- above which clearly can be mens free from excessive heard at a distance of t5o or Arkansas for more than a period of twelve months, circulated and sound that may jeopardize their more feet. The measurement distributed from an established lace of business to subscribers and health, welfare, or solely, or tle- standard shall be by the audito- P grade their quality of lite and; ry senses, based on direct line readers generally of all classes in the City and County for a definite price WHEREAS, the playing of mu. of sight. Word or phrases need for each copy, or a fixed price per annum, which price was fixed at what sic, radio, and television often notbe discernable and bass re- IS considered the value Of the publication, based upon the news value with bass reverberations is es. verberations are indloAed--� pecially harmful to.those citi- (2) This provision shall net ap- and service value it contains, that at least tiff percent of the subscribers zens desiring to sleep during ply to, athletic or school related y normal sleeping ours and; events. thereto have paid for their subscriptions to the newspaper or its agents WHEREAS, the City has had PASSED AND APPROVED , Or through recognized news dealers Over a period Of at least six months numerous complaintS'from citi. this 2nd day of September, and that the said newspaper publishes an average of more than forty zens desiring to slgep during 1997, normal sleeping hours but are percent news matter. unable to do so due to the play. APPROVED: ing of outdoor music and/or am- plified sound and; By: Frod.Hanna, Mayor WHEREAS, it is the policy of ATTEST I further certify that the legal notice attached in the matter of the City hi prevent excessive �� ^ � ) /� l/1 the he which safety of o welfare f By: Traci Paul, City Clerk 1 1 IIJi�Jl /(71`J the health, safety or welfare of - - ILs CIIIZBns. I NOW, THEREFORE, BE IT was published in the regular daily issue of said newspaper for ORDAINED BY THE CITY consecutive insertions as follows: COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: — Q The first insertion on the da of 19 u Section 1 Chapter 96; , y Unreasonable or Excessive Noise Prohibited exceptions of the Code of Fayetteville is here. the Second Insertion on the day of 19 by amended by deleting §96.02 in its entirety and substituting, the following: the third insertion on the day of 19 §96.02 Unreasonable or Ex- cessive Noise Prohibited; ex- and the fourth insertion on the day of 19 ceptions (A) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be un- lawful for any person to make, or continue or cause or permit Ublisher eneral Manager to be made or continued any noise disturbance. (B) The provisions of this sec. tion shall net apply to: Sworn to and subscribed before, me on this day of (1 ) The emission of sound for V1 ,�y v1,: q^ �� the purpose of alter persons to rr--���YYYIA, 7(./ 'N 1. 19 UU the existence of an emergency; (2) The emission ofsound in the of emergency work;The m (0) The movement of aircraft which is in all respects conduct- ed in accordance with. or pur- S' Catherine Sall r Notary PUbIIC suant to applicable federal laws r or regulations; My Commission Expir ' (4) The use of bells or chimes ton WBshin Count in conjunction with places of re- $ y I ligmus worship; and , My Commission Expires 02/27/0�-3 ' / (5) The intentional sounding or calccc<cQccccccccc<c(colt((<C(N permitting the sounding of any Fees for Printing $ fire, burglar or civil defense g ... .•.• •..•.-•.-I•... .-...-•.... ... ... .. ... ...• alarm, siren, whistle or similar stationary or emergency signal. ing device, for emergency pur. Cost Of Proof...... . ...................... .. ............ ..........$ poses or for testing, provided / such testing uses only the mini- // __a VN mum cycle test time. Total.... .......... ...... .... ... .. .. ...... .... .. ............... .. .... ..$ f io(