HomeMy WebLinkAboutOrdinance 6305 4'F AYEr \
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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,..............
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£, 1iL a/ rit - 'r•am+'+=
Lion Id .rdan, or Kara Paxton, CityClerk Treasurer • FAYEnEV/LCE :�:
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Page 2 Printed 6/10/2020
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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
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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