The URL can be used to link to this page

Home My WebLink AboutOrdinance 5059 ORDINANCE NO. 5059 AN ORDINANCE TO AMEND §96.05 MOTOR VEHICLE AND MOTORCYCLE SOUND LIMIT BY ADDING A NEW SUBSECTION (E) TO PROHIBIT EXCESSIVE ENGINE REVVING WHEREAS, unnecessary rapid throttle advance (revving) 'of a car or motorcycle engine can annoy or disturb a reasonable person of normal sensitivity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §96.05 Motor Vehicle and Motorcycle Sound Limit by enacting a new subsection (E) as follows: "(E) No person shall operate or cause to be operated a motor vehicle or motorcycle by rapidly advancing its throttle (revving) such that a noise disturbance occurs." zA, Cj.\SY 0 ° •LAc�3 PASSED and APPROVED this 18a' day of September, 2007. c ; FAYETTEVILLE • :;ys.9,QKANSP. 2 APPROVE ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer AGENDA REQUEST 7�k' S ' 4cvv\ Wkz l,�IoP z"u' �7 FOR: COUNCIL MEETING OF AUGUST 7, 2007 FROM: �X9vtAnGt L M �' GREG TABOR, POLICE CHIEF ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend 696.05 Motor Vehicle And Motorcycle Sound Limit By Adding A New Subsection (E) To Prohibit Excessive Engine Revving APPROVED FOR AGENDA: Police Ch' Date City Attome Date z � Mayor Date �r�xto ..8/7A97 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody and members of the City Council FROM: Chief Greg Tabor DATE: July 11 , 2007 SUBJECT: Amendment of Noise Ordinance Chapter 96 Recommendation : City Council amends Noise Ordinance Chapter 96 to simplify enforcement in relation to excessive noise from motor vehicles and motorcycles. Background: Currently, Ordinance 96.05 requires officers to obtain noise level readings to determine if the noise is in violation as listed in Ordinance 96.05 Table H. This section does not specifically address excessive noise created by rapid throttle advancement (revving an engine). Discussion : The Fayetteville Police Department would like the amendment made to this a ordinance to become more efficient in enforcement. The current noise ordinance does not specifically address rapid engine advancement (revving) which has become a complaint with citizens in recent years. In summary this amendment would make violation determination and enforcement much simpler. Budget Impact: There would be no budget impact in this amendment. FAVETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTALCORRESPONDENCE MEMORANDUM TO: Kit Williams Vol FROM: Captain Kenny DATE: July 19, 2007 SUBJECT: City Noise Ordinance Chapter 96 The Fayetteville Police Department would like to request an amendment be made to Fayetteville City Ordinance Chapter 96 concerning noise from motor vehicles. Noise from motor vehicles and motorcycles is currently addressed in Fayetteville City Ordinance 96.05 Table II. The current ordinance does not specifically address rapid throttle advancement, which has become a complaint in recent years. We would like to see the following terminology or similar added to some portion of Chapter 96: "It shall be prohibited to permit or cause excessive noise by rapid throttle advance (revving) of an internal combustion engine resulting in increased noise from the engine". Thank you for your consideration in helping us make this amendment. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER. ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council Chief Tabor Captain Yates FROM : Kit Williams, City Attorney DATE : July 20, 2007 RE : Proposed Noise Ordinance amendment to prohibit loudly revving an engine The police have requested that we simplify enforcement of the Noise Ordinance by permitting the arrest and prosecution of persons loudly revving their cars or motorcycles without having to prove a decibel level by use of a noise meter. I, therefore, have crafted subsection (E) to §96. 05 Motor Vehicle And Motorcycle Sound Limit. My proposal uses existing definitions within the Code of "noise disturbance" to describe the conduct which the police seek to prohibit. " Stationary Run-up" above 78 dB measured 25 feet from the motor vehicle is already banned by § 96.05 . Unfortunately, this requires an officer trained for and using one of our noise meters at the right distance for the right length of time which is very difficult to achieve in the real world . This new subsection is more subjective, but mirrors the current prohibition in §96.02 against a "noise disturbance" which is defined in §96.01 . I will leave it to Captain Kenny Yates (his memo is attached) or Chief Tabor to explain why the Police Department asked for this change in the . law. f ORDINANCE NO. AN ORDINANCE TO AMEND §96.05 MOTOR VEHICLE AND MOTORCYCLE SOUND LIMIT BY ADDING A NEW SUBSECTION (E) TO PROHIBIT EXCESSIVE ENGINE REVVING s WHEREAS, unnecessary rapid throttle advance (revving) of a,car or motorcycle engine can annoy or disturb a reasonable person of normal sensitivity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §96.05 Motor Vehicle and Motorcycle Sound Limit by enacting a new subsection (E) as follows: "(E) No person shall operate or cause to be operated a motor vehicle or motorcycle by rapidly advancing its throttle (revving) such that a noise disturbance occurs. " PASSED and APPROVED this 4°i day of September, 2007, APPROVED: ATTEST: By: By: DAN COODY, Mayor r SONDRA E. SMITH, City Clerk/Treasurer r (9.24.07 Clarice Pearman - Ord. 5059 Page 1 From: Clarice Pearman To: Risley, Tracey Date: 9.24.07 3:55 PM Subject: Ord. 5059 Attachments: 5059 Amend 96.05 Sound limits.pdf CC: Audit Asst. Chief Risely: Attached is a copy of the above ordinance passed by City Council, September 18, 2007. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice SEP 2 8 2001 TT�� F FAy�Ey� Arkmas Demo!~i"dt 7F(Oazilae �' GiY O�sOFFIt • Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton , do solemnly swear that I am the Legal Clerk . of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of City of Fayetteville: Ordinance No. 5059 Was inserted in the Regular Editions on : September 26 , 2007 Publication Charge : $52 . 75 Subscribed and sworn to before me This%day of , 2007. iF .--�,. a--�: .,' „_.p,��;..y--...CFTHY.J. WILES ' Notary Piililic - 9'.T 't.€ BentonCounry �: =;,;gKXd �" My Commission Expires AT 20 , 2014 My Commission Expires : 2 � 2o � 2e� )**NOTE** Please do not pay from Affidavit. Invoice will be sent. LWednesI September -26,-2007 j ORDINANCE NO. 8099 �z ? AN ORDINANCE TO AMEND §99.05 MOTOR VEHI- • I j CLE AND NEWMOTORCYCLE SUBSECTION SOUND LIMIT By ADDING A NEW SUBSECTION (E)1T0 PROHIBIT IXCESSIVE ENGINE REWING ARKANSAS WHEREAS, unnecessary rapid throttle advance e j f (revving) M a car or motorcycle engine can annoy or disturb a reasonable person of normal sensitivity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF, FAYETTEVILLE, ARKANSAS: SBdtiOn 1: 'Thai the City Council of the City of Fayetteville, Arkansas hereby amends §96.05 Motor - Vehicle and Motorcycle Sound Limit by enacting a new subsection (E) as fotlows: 1 '(E) No person shall operate or cause to be operated a motor vehicle or motorcycle by rapidly advancing ifs throttle (revving) such that a noise disturbance occurs.- A ' '— - i PASSED "d APPROVED this 18th day of September, 2002 L - I APPROVED: ATTEST: B DAN COODY, Mayor SONORA E. SMITH, City CIerMlDsaeumr .Tz.