As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
A.
A person commits the offense of peace disturbance if he or she:
1.
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise; or
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances which are likely to produce
an immediate violent response from a reasonable recipient; or
c.
Threatening to commit a felonious act against any person under
circumstances which are likely to cause a reasonable person to fear
that such threat may be carried out; or
d.
Fighting; or
e.
Creating a noxious and offensive odor.
[Ord. No. 317, 4-5-1999]
It shall be unlawful for any person within the City to urinate
or defecate in or upon any street, park, or any public place open
to the public or private place open to public view, other than in
the restroom facilities provided for such activity.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the ordinances of the City or
the criminal laws of this State or of the United States with force
or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the ordinances of the City or the criminal
laws of this State or of the United States with force or violence
and thereafter, while still so assembled, does violate any of said
ordinances or laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
A.
For purposes of this Section, "house of worship" means any church,
synagogue, mosque, other building or structure, or public or private
place used for religious worship, religious instruction, or other
religious purpose.
B.
A person commits the offense of disrupting a house of worship if
such person:
1.
Intentionally and unreasonably disturbs, interrupts, or disquiets
any house of worship by using profane discourse, rude or indecent
behavior, or making noise either within the house of worship or so
near it as to disturb the order and solemnity of the worship services;
or
2.
Intentionally injures, intimidates, or interferes with or attempts
to injure, intimidate, or interfere with any person lawfully exercising
the right of religious freedom in or outside of a house of worship
or seeking access to a house of worship, whether by force, threat,
or physical obstruction.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of unlawful funeral protest if he or
she pickets or engages in other protest activities within three hundred
(300) feet of any residence, cemetery, funeral home, church, synagogue
or other establishment during or within one (1) hour before or one
(1) hour after the conducting of any actual funeral or burial service
at that place.
B.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
A.
It
shall be unlawful for any person to make, continue or cause to be
made or continued any unreasonably loud, unnecessary or unusual noise
or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person within
the limits of the City (collectively "unnecessary noises"). The following
acts are declared to be unnecessary noises, but such enumeration shall
not be deemed to be exclusive:
1.
Horns, signaling devices, etc. The prolonged sounding
of any horn, whistle or signaling device on any automobile, motorcycle,
or other vehicle on any street or public place of the City, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time; the use
of any horn, whistle or other device operated by engine exhaust; and
the use of any such signaling device when traffic is for any reason
held up.
2.
Machines and devices. The using, operating or permitting
to be played, used or operated of any radio, tape player, compact
disc player, digital audio device, loudspeaker, stereo, television,
boom box, musical instrument or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of reasonable persons in the immediate neighborhood or
at any time with louder volume than is reasonably necessary for convenient
hearing for the person who is in the room, vehicle or chamber in which
such machine or device is operated and who is a voluntary listener
thereto. The operation of any such machine or device between the hours
of 10:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible
at a distance of fifty (50) feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this Section. For purposes of this Section, "plainly audible" shall mean that the sound can be clearly perceived by the auditory
senses, the exact words and phrases need not be discernible, and reverberations
of bass are included.
3.
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
4.
Yelling, shouting, etc. Sustained or prolonged yelling,
shouting, hooting, whistling or boisterous singing on the public streets,
particularly between the hours of 10:00 P.M. and 7:00 A.M. weekdays
or 10:30 P.M. and 7:00 P.M. weekends and holidays or at any time or
place so as to annoy or disturb the quiet, comfort or repose of reasonable
persons in any office, in any dwelling, hotel or other type of residence;
or of any persons in the vicinity.
5.
The keeping of any animal or bird which by causing frequent or long
continued noise shall disturb the comfort or repose of reasonable
persons in the vicinity.
6.
Exhausts. The discharge into the open air of the
exhaust of any internal combustion engine, motorboat, motorcycle or
motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
7.
Construction. The erection, excavating, demolition, alteration or repair of any building other than between the hours as defined in Chapter 500 of this Code, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Commissioner should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 P.M. and 7:00 A.M., and if the Commissioner shall further determine that loss or hardship would result to any party in interest, the Commissioner may grant permission for such work to be done between the hours of 6:00 P.M. and 7:00 A.M., upon application being made at the time the permit for the work is approved or during the progress of the work. Work by or for the City shall be exempt from these provisions because it is deemed to be for the public health, safety and welfare.
8.
Schools, courts, churches, hospitals. The creation
of any unreasonable or excessive noise on any street adjacent to any
school, institution of learning, church or court while the same is
in use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed
indicating that the same is a school, hospital or court site.
9.
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
10.
Pile drivers, hammers, etc. The operation between
the hours of 6:00 P.M. and 7:00 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unreasonable noise.
11.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, or
of an electric motor, unless the noise from such blower or fan is
muffled and such engine is equipped with a muffler device sufficient
to deaden such noise.
B.
It
shall be presumed that the allowable noise level limits have been
violated whenever any noise or sound is projected from one property
in the City onto another if such sound, measured at the front building
line on the property receiving the sound, exceeds the following decibel
standards at a location appropriate to determine the level of disturbance.
It shall be the responsibility of the alleged violator to provide
data using an ASTM standard, as determined by the City, that the noise
level meets the allowable levels as defined by this Code.
|
|
Objective Noise Standards — Allowable Levels
| ||
|---|---|---|---|
|
|
In residentially zoned districts:
| ||
|
|
7:00 A.M. to 10:30 P.M.
|
55 dB
| |
|
|
10:30 P.M. to 7:00 A.M.
|
50 dB (weekdays)
| |
|
|
10:30 P.M. to 7:00 A.M.
|
50 dB (weekends and holidays)
| |
|
|
In commercially zoned districts:
| ||
|
|
7:00 A.M. to Midnight
|
65 dB
| |
|
|
Midnight to 7:00 A.M.
|
60 dB
| |
|
|
In industrially zoned districts:
| ||
|
|
7:00 A.M. to Midnight
|
70 dB
| |
|
|
Midnight to 7:00 A.M.
|
65 dB
| |
|
|
Multi-family structures shall have the same noise limits between
units as for single-family or detached dwellings, as measured at any
point in the interior of the sound receptor residential unit with
windows closed.
| ||
C.
Exceptions. The following are exempt from the provisions
above:
1.
Crowd sounds emanating from scheduled outdoor athletic events and/or
festivals, concerts and activities operating under permit from the
City or school district.
2.
Noise of safety signals, warning devices, emergency pressure relief
valves.
3.
All church bells, church chimes, either actual or electronic, or
artificial sound reproduction system intended to sound like church
bells or chimes operated between the hours of 6:00 A.M. and 10:30
P.M.
4.
Noise resulting from any authorized emergency vehicle.
5.
Noise resulting from parades, lawful picketing or other public demonstrations
protected by the U.S. Constitution or Federal law for which a local
permit has been granted by the City, provided such activity is of
a temporary duration lasting no longer than two (2) hours during any
twenty-four (24) hour period. Regulation of noise emanating from activities
under permit shall be according to the conditions and limits stated
in this Section and according to any additional conditions stated
on the permit.
6.
Unamplified and amplified sound at public affairs conducted, sponsored
or sanctioned by the City of Foristell, so long as such sound remains
within the parameters of this Section.
7.
All noises coming from the normal and legal operation of properly
equipped aircraft.
8.
Noise from noisemakers on holidays and fireworks on holidays or at
times allowed under a pyrotechnics permit.
9.
Noise from trains and associated railroad rolling stock when operated
in a proper manner.
10.
Emergency work, as defined above.
11.
Special event permits. When approved by the Board
of Aldermen, the City Administrator or his/her designated representative
may issue special event permits for events such as, but not limited
to, concerts, festivals, parades and athletic events to permit reasonable
and limited exceptions to the provisions of this Section. Any special
event permit issued shall contain specific provisions as to the activities
which will be conducted and dates and times during which the provisions
of this Section are to be suspended. Specific sources of the noise
which may exceed the established sound limits shall be identified,
with projected or estimated noise levels, and special conditions may
be established in the permit which will minimize the noise impact
of the special event on the community.
D.
Special Use Districts, Overlay Zones. When approved by the
Board of Aldermen, the objective, allowable noise limits may be modified
or amended to reflect the specialized or unique nature of the land
use being allowed. Such modifications or amendments to the allowable
noise level limits shall be in force for that zoning district only
and shall not serve as an overall modification to the noise level
limits throughout the City.
E.
Annexed Or Rezoned Property. In the event that a transient
lodging or residential zoning is being requested adjacent to or within
one thousand (1,000) feet of an existing commercial or industrial
zone, the applicant or owner of the proposed residential district
shall demonstrate, whether through field testing or by use of the
Shell Isolation Rating System, that the planned residential area provides
thirty-five (35) dBA of reduction from outside to inside the proposed
building(s).
F.
The
City Administrator or his/her designated representative may temporarily
waive the requirements of this Section to permit work of an emergency
nature necessary to restore property to a safe condition following
a public calamity or work required to protect persons or property
from imminent exposure to danger or work by public or private utilities
when restoring utility service.
G.
Whenever
any public nuisance, as defined in this Section, is determined to
exist, the City Administrator or the City Administrator's designate
shall cause to be served a notice in writing upon the person permitting,
causing, maintaining, allowing to remain, or creating the noise nuisance,
stating the existence of the nuisance and requesting its abatement
within the time specified in this Section.
H.
Under
the authority of an administrative search warrant signed by the Municipal
Judge, the City Administrator or his/her designate may enter at any
reasonable time, with reasonable notice, into or upon any private
or public property for the purpose of inspection and investigating
any condition or equipment which the City Administrator or his/her
designate shall have reasonable cause to believe to be causing a violation
of this Section. The City Administrator or his/her designate may inspect
at any reasonable time and in a reasonable manner with reasonable
notice any sound-emitting equipment. No person shall refuse entry
nor obstruct, delay, prevent or in any way interfere with the City
Administrator or his/her designate while carrying out an inspection,
or in the performance of his/her duties.
I.
Violations And Penalties.
1.
If the alleged violator denies responsibility for the noise level
problem or if the City Administrator or his/her designate is not able
to amicably abate the noise level problem, he/she shall issue a notice
to the person responsible for such noise level problem which shall
specifically state the facts of the violation and the provisions of
this noise level problem Section violated; and he/she shall require
such person to answer the allegations contained in such notice at
a hearing before the City Administrator or his/her designate to be
held not less than seven (7) days after the date of such notice.
2.
If the respondent to such notice of violation desires to offer evidence
at the hearing, he/she shall file a written answer thereto with the
City Administrator or his/her designate not less than two (2) days
before the hearing at the Foristell City Hall, setting forth a summary
of the facts and evidence to be presented at the hearing, in default
whereof the facts stated in the notice of violation shall be deemed
by the City Administrator or his/her designate to be true.
3.
After due consideration of all matters at the hearing, or upon the
default in appearance of the alleged violator, and if he/she finds
that adequate corrective measures will not be employed to abate the
noise level, the City Administrator or his/her designate shall make
such determinations and issue such orders as are appropriate and commensurate
with the provisions of this Section, and he/she shall forthwith give
notice thereof in writing to the alleged violator.
4.
The City Administrator or his/her designate, upon determination of
a violation of this Section after such hearing is conducted, may proceed
to sign a complaint form at the Police Department of the City, and
should the City Prosecutor decide to proceed with such signed complaint,
a summons will be issued which is returnable in the Foristell Municipal
Court.
5.
Any person determined to be in violation of any provision of this
Section shall, upon conviction, be assessed a fine of up to five hundred
dollars ($500.00). Except as otherwise provided by State Statute or
Supreme Court guidelines. Each day of such violation shall constitute
a separate violation.
