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Home My WebLink AboutOrdinance 6305 4'F AYEr \ 0 v 9RK4NSPS 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6305 File Number: 2020-0262 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE-RELATED BUSINESSES WHEREAS, § 96.05 of the City Code, which is limited to noise related to motor vehicles and motorcycles, provides that "operating or causing to operate any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 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 chapter"; and WHEREAS, the City Code authorizes other means of conveyance to occupy the City streets, such as pedicabs and horse drawn carriages,which could also emanate noise that could disturb residents and businesses but that are not considered motor vehicles;and WHEREAS, extending the prohibition on excessive sound amplification to all vehicle-related businesses regulated under Chapter 117 of the Fayetteville City Code will help ensure the peace, health, and safety of Fayetteville residents particularly within the residential districts in which these vehicle-related businesses may operate. 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 § 96.02 by enacting a new subsection(E)as shown below: Page 1 Printed 6/10/2020 Ordinance: 6305 File Number: 2020-0262 (E) Operating or causing to operate any sound amplification device on or from within any means of conveyance that is regulated by Chapter 117 Vehicle Related Businesses, whether motorized or not, so that the sound is plainly audible at a distance of 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 chapter." PASSED and APPROVED on 6/4/2020 Approv/, Attest: ``��G�ER K I,.............. 7ü7 :c;• F •v i £, 1iL a/ rit - 'r•am+'+= Lion Id .rdan, or Kara Paxton, CityClerk Treasurer • FAYEnEV/LCE :�: '•9s'9rg....................• Page 2 Printed 6/10/2020 F F e. • j n -1�,``W DEPARTMENTAL CORRESPONDENCE;,,AYETT, + OFFICE OF THE RKANSP CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal TO: City Clerk-Treasurer Kara Paxton FROM: Blake Pennington, Assistant City Attorn DATE: June 8, 2020 RE: Ordinance 6305 - Reconsideration and Re-Passage Ordinance 6305 was passed by the City Council on May 5, 2020, with amendments that had been requested by Council Member Sarah Marsh. Based on the timeline provided by the City Code, the ordinance would have gone into effect on June 6, 2020; however, at the next meeting on May 19, 2020, and pursuant to the City Council Rules of Order & Procedure, Council Member Sonia Gutierrez moved to reconsider the ordinance. The motion to reconsider passed so the ordinance came back to the City Council for further discussion. At the end of their discussion, the City Council voted to table the item until the next meeting. At the June 4, 2020 City Council meeting, the ordinance was amended to remove the language that had been added by Council Member Marsh. This version of the ordinance, which was the original draft prepared by our office, was then approved. The previous ordinance that was sent to Municode has been superseded by the language that was approved at the June 4, 2020 meeting. I would suggest printing off a new signature copy with the corrected text file, marking an"X" through the previous version, and placing the corrected version on top. I also recommend keeping the ordinance number the same and directing Municode to replace the version of Ordinance 6305 with the version that was passed on June 4, 2020. FAY` y City of Fayetteville, Arkansas 113 West Mountain Street 3/, { Fayetteville,AR 72701 (479)575-8323 / Text File "5 File Number: 2020-0262 Agenda Date:6/2/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 3 AMEND§96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND §96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE-RELATED BUSINESSES WHEREAS, § 96.05 of the City Code, which is limited to noise related to motor vehicles and motorcycles, provides that "operating or causing to operate any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 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 chapter";and WHEREAS, the City Code authorizes other means of conveyance to occupy the City streets, such as pedicabs and horse drawn carriages, which could also emanate noise that could disturb residents and businesses but that are not considered motor vehicles;and WHEREAS, extending the prohibition on excessive sound amplification to all vehicle-related businesses regulated under Chapter 117 of the Fayetteville City Code will help ensure the peace, health, and safety of Fayetteville residents particularly within the residential districts in which these vehicle-related businesses may operate. 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 § 96.02 by enacting a new subsection(E)as shown below: "(E) Operating or causing to operate any sound amplification device on or from within any means of conveyance that is regulated by Chapter 117 Vehicle Related Businesses,whether motorized or not,so that the sound is plainly audible at a distance of 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 chapter." City of Fayetteville,Arkansas Page/ Printed on 6/10/2020 FFAYE e l �C ARC ED ..\RK4NSP� 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6305 File Number: 2: 0-0262 AMEND § 96.02 UNREA ONABLE OR EXCESSIVE NOISE PRO BITED: AN ORDINANCE TO AMEN D • 96.02 UNREASONABLE O' XCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND T CITY'S NOISE REGU • TIONS TO ALL VEHICLE-RELATED BUSINESSES WHEREAS, § 96.05 of the City Code, which is • ited to noise related to motor vehicles and motorcycles, provides that "operating or caus • to •'crate any sound amplification device from within a vehicle so that the sound is plainly audible at : •istance of 30 feet or more from the vehicle whether in a street, a highway, an alley, parking lot or • iv- ay, whether public or private property is prohibited and declared to be a noise disturbance in violati%n of this hapter"; and WHEREAS, the City Code authorizes • er means of con - ance to occupy the City streets, such as pedicabs and horse drawn carriages, ich could also emana , noise that could disturb residents and businesses but that are not considered otor vehicles; and WHEREAS, extending the pro •ition on excessive sound amplification o all vehicle-related businesses regulated under Chapter 117 • the Fayetteville City Code will help ensure t - peace, health, and safety of Fayetteville residents partic. arly within the residential districts in which these vehicle-related businesses may operate. NOW, THEREF 1 'E, BE IT ORDAINED BY THE CITY COUNCIL OF •E CITY OF FAYETTEVIL , ARKANSAS: Section 1: T at the City Council of the City of Fayetteville, Arkansas hereby amends §96.02 by e acting a new subs- tion(E)as shown below: Page 1 Printed on 5/6/20 Ordinance: 6305 File Number: 2020-0262 "(E)Operating or causing to operate any sound amplification device on or from within any means of conve ance that is regulated by Chapter 117 Vehicle Related Businesses, whether motorized or not, or any bicycle, so that the sound is plainly audible at a distance of 30 feet or more fro he vehicle or b cle whether in a street, highway, alley, parking lot or driveway, whether public • private property, or on . city trail, is prohibited and declared to be a noise disturbance in violation o this chapter." PASSED and APPRI ED on 5/5/2020 (c .Approv:1: Attest: f / RF�i,�LE eri;--771 - . Lioneld J. dan, :yor Kara P: ton, City Clerk Treasure '. - • y• ANs Page 2 Printed on 5/6/20 FAYFr f City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 u�•. _4.; + (479)575-8323 il �� • Text File 9RKq N� File Number: 2020-0262 Agenda Date:5/5/2020 Version: 1 Status: Passed In Co ol:City Council Meeting File Type: Ordinance Agenda N ber:B. 3 AMEND§96.0 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXC 'TIONS TO EXTEND THE CITY'S NOISE • GULATIONS TO ALL VEHICLE-RELATED BUSI SSES WHEREAS, § 96.05 of the City C••e, which is limited to noise re :ted to motor vehicles and motorcycles, provides that "operating or causing to •aerate any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 30 -et or more from the icle whether in a street, a highway, an alley, parking lot or driveway, whether public or pr ate property is • ohibited and declared to be a noise disturbance in violation of this chapter";and WHEREAS, the City Code authorizes other mean- of conveyance to occupy the City streets, such as pedicabs and horse drawn carriages, which coul• al : emanate noise that could disturb residents and businesses but that are not considered motor vehicle and WHEREAS, extending the prohibition on excessive sound am ification to all vehicle-related businesses regulated under Chapter 117 of the Faye,eville City Code will help -nsure the peace, health, and safety_ of Fayetteville residents particularly withi• the residential districts in whic' these vehicle-related businesses may operate. NOW, THEREFORE, B' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,AR • SAS: Section 1: That th- City Council of the City of Fayetteville, Arkansas hereby amends § 963 by enacting a new subsection(E as shown below: "(E) Operatint •r causing to operate any sound amplification device on or from within any means of conveyance at is regulated by Chapter 117 Vehicle Related Businesses,whether motorized or not,or from any ;tcycle,so that the sound is plainly audible at a distance of 30 feet or more from the vehicle or bicycle wheth- in a street,highway,alley,parking lot or driveway,whether public or private property,or on a city trail, is prohibited and declared to be a noise disturbance in violation of this chapter." City of Fayetteville,Arkansas Page 1 Printed on 5/6/2020 City of Fayetteville Staff Review Form 2020-0262 Legistar File ID 4/7/2020 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Blake Pennington 3/18/2020 CITY ATTORNEY(021) Submitted By Submitted Date Division/Department Action Recommendation: AN ORDINANCE TO AMEND§ 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE-RELATED BUSINESSES Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 5 _ V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: .4166A DEPARTMENTAL CORRESPONDENCE ( 4 , w OFFICE OF THE CITY ATTORNEY kit Williams City •Attorney Blake Pennington issi.0 t �t Citr:itton,ei. TO: Mayor Jordan Jodi Backer City Council Rim/twat FROM: Blake Pennington, Assistant City Attor -' DATE: March 18, 2020 RE: Amendment to Noise Ordinance Police Chief Reynolds notified our office that, based on the state's definition of motor vehicle, the City's 30-foot noise ordinance, which is found at§ 96.05 of the City Code, would not apply to pedal carriages. To address this concern, we recommend amending § 96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to address noise emanating from other vehicle-related businesses that are governed by Chapter 117 Vehicle- Related Businesses of the City Code. The practical effect of this would be a noise restriction on: • Article VII - Nonmotorized Passenger Transport Vehicles - horse drawn carriages or similar vehicles pulled by horses or livestock • Article VIII - Lights of the Ozarks - specifically the horse drawn carriages used at Lights of the Ozarks • Article IX - Pedicabs • Article X - Pedal Carriages (if approved by the City Council) RECEIVED NORTHWEST ARKANYS JUN 01 2020 Iemocrat l Vaze to CITY OF FAME:-' ,,+.-Lc -'"` CITY CLkk{�0��'GE AFFIDAVIT OF PUBLICATION ARCHIVED I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation,that from my own personal knowledge and reference to the files of said publication,the advertisement of: Ordinance:6305 means of conveyance that is File Number: 2020-0262 regulated by Chapter 117 Vehicle Cityof Fayetteville AMEND§96.02 Related Businesses,whether y UNREASONABLE OR motorized or Ord 6305 EXCESSIVE NOISE not,or from any bicycle,so that the PROHIBITED: sound is plainly audible at a distance AN ORDINANCE TO AMEND§ of 30 feet or more from the vehicle 96.02 UNREASONABLE OR or bicycle whether in a street, Was inserted in the Regular Edition on: EXCESSIVE NOISE highway,alley,parking lot or gPROHIBITED;EXCEPTIONS TO driveway,whether public or private May 17,2020 EXTEND THE CITY'S NOISE property,or on a city trail,is REGULATIONS TO ALL prohibited and declared to be a noise VEHICLE-RELATED disturbance in violation of this Publication Charges: $155.04 BUSINESSES chapter." WHEREAS,§96.05 of the City PASSED and APPROVED on Code,which is limited to noise 5/5/2020 related to motor vehicles and Approved: motorcycles,provides that Lioneld Jordan,Mayor 6_•_{}, S "operating or causing to operate Attest: �' any sound amplification device Kara Paxton,City Clerk Treasurer Brittany Smith from within a vehicle so that the 75269951 May 17,2020 sound is plainly audible at a distance of 30 feet or more from the Subscribed and sworn to before me vehicle whether in a street,a This O day oft, 2020. highway,an alley,parking lot or .1 1 n 1 J c i z u 7 u t' driveway,whether public or private �•�V/v�l property is prohibited and declared to be a noise disturbance in w i (J,, 4n _ to��WIII violation of this chapter";and C� ,I�� WHEREAS,the City Code y�ice/ha conveyaes nce to ro mcupys of het ' �C u n conveyance to occupy the City /rlC/ streets,such as pedicabs and horse Notary Public drawn carriages,which could also !VW ()ACC My Commission Expires: agIV—A5 emanate noise that could disturb residents ot and businesses but that V ' 1( M arc not considered motor vehicles; �v-/`. and S WHEREAS,extending the 'I� r /^�� n/� E'-(PG a2112 prohibition on excessive sound W C(/� O"�it-fk G�(NFP,A(p(�(#12 2025 amplification to all vehicle-related • �0(�10�QhCu2s1 \\I businesses regulated under Chapter I I ^ZQ , i..4F;.,,, M� P\ycs m9'�on 117 of the Fayetteville City Code V , ,,�•,. FX v�`y� will help ensure the peace,health, 9. 1'- and safety of Fayetteville residents A/ts Cows n '-,,i,:: j; particularly within the residential districts in which these vehicle- related may operate. e .+ i,‘Is -NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: **NOTE** Please do not pay from Affidavit Section I:That the City Council of Invoice will be sent. the City of Fayetteville,Arkansas hereby amends§96.02 by enacting a new subsection(E)as shown below: "(E)Operating or causing to operate any sound amplification device on or from within any NORTHWEST ARKAWS4S amocrat VW azQtte P.C. 30Y, 116077, EAYETTEVILLE, AR 72702. 479-442.1700 - FA)( 479 095-1118 • \ WyV.!NWADG.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of- Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6305 Was inserted in the Regular Edition on: June 14, 2020 Publication Charges: $150.48 Brittany Smith Subscribed and sworn to before me This /% day ofto,2 , 2020. Notary Public �Z� My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. `• CATHERINE STAGGS # 12402772 ��,A � MY COM14MISSIpN EXPIRES: February 2N, 242b d , -�;, VJashmgton county Ordinance: 6305 File Number: 2020-0262 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY's NOISE REGULATIONS TO ALL VEHICLE - RELATED BUSINESSES WHEREAS, § 96.05 of the City Code, which is limited to noise related to motor vehicles and motorcycles, provides that "operating or causing to operate any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 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 chapter"; and WHEREAS, the City Code authorizes other means of conveyance to occupy the City streets, such as pedicabs and horse drawn carriages, which could also emanate noise that could disturb residents and businesses but that are not considered motor vehicles; and WHEREAS, extending the prohibition on excessive sound amplification to all vehicle -related businesses regulated under Chapter 117 of the Fayetteville City Code will help ensure the peace, health, and safety of Fayetteville residents particularly within the residential districts in which these vehicle -related businesses may operate. 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 § 96.02 by enacting a new subsection (E) as shown below: "(E) Operating or causing to operate any sound amplification device on or from within any means of conveyance that is regulated by Chapter 117 Vehicle Related Businesses, whether motorized or not, so that the sound is plainly audible at a distance of 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 chapter." PASSED and APPROVED on 6/42020 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75283273 June 14, 2020