[CC 1983 §19-120]
A.
NOISY OR DIVERSIONARY ACTIVITY
PUBLIC BUILDING
1.
2.
3.
4.
5.
Definitions. As used in this Section, the following words
shall have the meaning set out herein:
Such noise or diversionary activity which actually disrupts
the normal activity within a public building, or such noise or diversionary
activity which is imminently about to disrupt and will unreasonably
interfere or be incompatible with the normal activity within a public
building.
Is any of the following:
A school or any institution of learning.
A church or any similar building normally serving as a place
of assembly for members of a common belief, creed or doctrine.
A hospital or any other building for the treatment of the sick.
A courthouse while the same is in use.
Any government administration building while the same is in
use.
B.
Prohibited. It shall be unlawful for any person to willfully
and knowingly engage in noisy or diversionary activity within or adjacent
to any public building. A person shall be guilty of engaging in noisy
or diversionary activity within or adjacent to a public building whenever
any Police Officer or other Law Enforcement Officer shall order such
person to cease such activity and disperse and such person fails or
refuses to obey such order.
[Ord. No. 2007-13 §1, 8-20-2007]
A.
No
person shall play, use, operate or permit to be played, used or operated,
any radio, tape recorder, cassette player or other machine or device
for reproducing sound, if it is located in or on any of the following:
1.
Any public property, including any public street, highway, building,
sidewalk, park or thoroughfare; or
B.
No
person shall operate or cause to be operated within the City any sound
amplification equipment which is plainly audible from any public property,
the language amplified by which is obscene.
D.
If
any person operating a motor vehicle is witnessed to have violated
the provisions of this Section and the identity of the operator of
the motor vehicle is not otherwise apparent, it shall be a rebuttable
presumption that the person in whose name such vehicle is registered
committed the violation. In the event that charges are filed against
multiple owners of a motor vehicle, only one (1) of the owners may
be convicted and court costs may be assessed against only one (1)
of the owners. If the vehicle which is involved in the violation is
registered in the name of a rental or leasing company and the vehicle
is rented or leased to another person at the time of the violation,
the rental or leasing company may rebut the presumption by providing
the Peace Officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. No prosecuting
authority may bring any legal proceedings against a rental or leasing
company under this Section unless prior written notice of the violation
has been given to that rental or leasing company by registered mail
at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within
fifteen (15) days of receipt of such notice.
E.
Enforcement.
1.
Powers of arrest or citation. Any authorized Police
Officer shall issue a citation for any violation under this Section,
except they may arrest for instances when:
F.
Penalty. Any person, firm or corporation violating any provision
of this Section shall be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) for each offense, and
a separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[CC 1983 §19-121]
A.
Prohibited, Exceptions. It shall be unlawful for any person
to make, continue or cause to be made or continued any loud or unusual
noise or any noise which would unreasonably either disturb, injure
or endanger the comfort, repose, health, peace or safety of persons
of normal and ordinary sensibilities, or which would unreasonably
interfere with the comfort and enjoyment of private property, within
the limits of the City. The provisions of this Section shall not be
applicable or enforced in relation to:
1.
Any vehicle owned by the City while engaged in necessary public business.
2.
Excavations or repair of streets by or on behalf of the City, County
or State at night when public welfare and convenience render it impossible
or impractical to perform such work during the day.
3.
The reasonable use of amplifiers or loudspeakers in the course of
religious services or assemblies and public addresses which are non-commercial
in nature.
4.
Parades or other similar processions or demonstrations conducted
by the forces of the United States Army or Navy, the military forces
of this State, or the forces of the Police and Fire Departments of
this City.
5.
Parades or other similar processions or demonstrations conducted by persons, groups or organizations other than those enumerated in Subsection (A)(4) herein when such parade or procession is conducted in accordance with a permit issued by the Chief of Police.
6.
a.
Any vehicle operated as an ambulance, or a vehicle operated by the
State Highway Patrol, Police or Fire Department, Sheriff, Constable
or Deputy Sheriff, Traffic Officer or coroner.
b.
Any vehicle or equipment operated by any member of any organized
fire or ambulance association, whether paid or volunteer.
c.
Any wrecker, or tow truck or a vehicle owned and operated by a public
utility or public service corporation.
d.
The provisions of this Section shall be inapplicable in relation to a vehicle referred to in Subsection (A)(6)(a, b, and c) only when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
B.
Enumeration Of Acts. The following acts, among others, are
declared to be loud, disturbing and unreasonable noises in violation
of this Section but such enumeration shall not be deemed to be exclusive:
1.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or in any public place in the City except as a danger
warning; the creation of any unreasonably loud or harsh sound by means
of any such signaling device and the sounding of any such device for
an unreasonable period of time; the use of any signaling device, except
a police whistle or one operated by hand or electricity; the use of
any horn, whistle or other device when traffic is held up for any
reason.
2.
Radios, televisions, phonographs, etc. Using, operating,
playing or permitting to be used, operated, or played any radio receiving
set, musical instrument, phonograph or other machine or device for
the producing or reproducing of sound between the hours of 11:00 P.M.
and 7:00 A.M. in such a manner as to be plainly audible at a distance
of one hundred (100) feet from the building, structure, vehicle or
area in which it is located.
3.
Loudspeakers, amplifiers, etc., for advertising. Using, operating, playing or permitting to be used, operated or played
any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is broadcast upon the public streets for the purpose
of commercial advertising or attracting the attention of the public
to any commercial building, structure or establishment, or to any
commercial demonstration or display.
4.
Yelling, shouting, loud conversation, etc. Yelling,
shouting, whistling, singing, crying out or unreasonably and excessively
loud conversation between the hours of 11:00 P.M. and 7:00 A.M. in
such a manner as to render such noise plainly audible at a distance
of one hundred (100) feet from the building, structure, vehicle or
area in which the individuals participating in such conduct are located.
5.
Steam whistle or horn. The blowing of any train
whistle, steam whistle or horn attached to any stationary boiler,
locomotive or similar device, except to give notice of the time to
begin or stop work or as a warning of fire or danger or upon the request
of proper City authorities.
6.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle except through a muffler or similar device
which will effectively deaden, suppress and muffle loud or explosive
noises therefrom.
7.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
8.
Loading, unloading, opening boxes. The creation
of any unreasonably loud and excessive noise in connection with loading
or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers.
9.
Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of the exterior
portion of any building or structure other than between the hours
of 7:00 A.M. and 8:00 P.M., except on urgent necessity in the interest
of public health and safety, and then only with a permit from the
Code Enforcement Officer, which permit may be granted for a period
not to exceed three (3) days while the emergency continues, and which
permit may be renewed by the Mayor and City Council for periods of
three (3) days or less while the emergency continues. If the Mayor
and City Council determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or structure or the excavation of streets and highways
from 8:00 P.M. to 7:00 A.M. upon application made at the time the
permit for the work is applied for or during the progress of the work.
10.
Hawkers, peddlers, etc. The shouting and crying
of peddlers, hawkers and vendors which disturb the peace, comfort,
quiet and repose of the neighboring inhabitants.
11.
Noises to attract attention. The use of any drum
or other instrument or device for the purpose of attracting attention
to any commercial show or performance, shop or sale by creation of
noise.
12.
Transportation of metal rails, etc. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such street or other public places.
13.
Pile drivers, hammers, etc. The operation from 8:00
P.M. to 7:00 A.M. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric noise or other appliance, the use of which
is attended by loud or unusual noise without a special permit from
the Mayor and Council.
14.
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, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler or similar device which will effectively deaden, suppress
and muffle loud or explosive noises therefrom.
15.
Motor vehicle repair. The doing of any activity
in the course of repairing or altering a motor vehicle or repairing
or altering a motor vehicle or equipment thereof, between the hours
of 10:00 P.M. and 7:00 A.M. in such a manner as to render noise therefrom
plainly audible at a distance of one hundred (100) feet from the building,
structure or area in which the individual or individuals participating
in such activity are located.
16.
Sound trucks. The use of mechanical loudspeakers
or amplifiers on trucks or other moving or standing vehicles for advertising
or other commercial purposes; the use of sound trucks for non-commercial
purposes between the hours of 8:00 P.M. and 7:00 A.M. in such a manner
as to render the noise therefrom plainly audible at a distance of
one hundred (100) feet from the point at which such vehicle is operating
or standing.
C.
Declared Nuisance. As an additional remedy, the operation
or maintenance of any device, instrument, vehicle or machinery in
violation of any provision of this Section, and which causes distress,
discomfort or injury to reasonable persons of normal and ordinary
sensibilities or which endangers the comfort, repose, health or peace
of residents in the area, shall be deemed and is declared to be a
public nuisance and may be subject to abatement by a restraining order
or injunction issued by a court of competent jurisdiction.
