[Ord. No. 7128 §1(22-44), 8-3-2009]
For the purpose of this Article, the following items have the
meaning ascribed to them as hereinafter defined, unless where otherwise
expressly stated or where the context clearly defines a different
meaning.
A district that has been assigned a zoning designation of C or M in accordance with Chapter 405 of this Code.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, buildings, utilities
or similar property.
Fifteen (15) or more minutes.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or properly damage threatened or caused by an
emergency.
One (1) or more times in every thirty-minute period for at
least four (4) out of five (5) successive periods.
Every vehicle which operates on land, other than a motorcycle.
Any vessel which operates in or on water, propelled by machinery
whether or not such machinery is the principal source of propulsion.
Such a vessel would include, but is not limited to boats, barges,
amphibious craft, water ski towing devices and hovercraft.
Every motor vehicle designed to travel on not more than three
(3) wheels in contact with the ground, except any such vehicle as
may be included within the term tractor as a piece of farm machinery.
A device for abating the sound of escaping gases of an internal
combustion engine, or for abating sound transmitted in a duct, chase,
pipe or other opening.
Any sound which annoys or disturbs a reasonable person or
which causes or tends to cause an adverse psychological or physiological
effect on humans.
Any sound which:
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a State or any political subdivision of a State.
Any self-propelled airborne, waterborne, or land borne plane,
vessel, or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property, buildings or structures thereon which
are owned or controlled by a governmental entity.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
A district that has been assigned a zoning designation of district RS or RA in accordance with Chapter 405 of this Code.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium and is the
objective cause of hearing. The description of sound may include any
characteristic of such sound, including duration level and frequency.
Any day Monday through Friday which is not a legal holiday.
[Ord. No. 7128 §1(22-45), 8-3-2009]
A.
In General. No person shall make, continue, or cause to
be made or continued, or allow anyone or anything under his/her control
to make or cause any noise disturbance. Non-commercial public speaking
and public assembly activities conducted on any public space or public
right-of-way and otherwise complying with this Code of Ordinances
shall be exempt from the operation of this Section. The following
acts, among others not herein listed, and the causing thereof, are
declared to be in violation of this Article, but said enumeration
shall not be deemed to be exclusive, namely:
1.
Operating, playing or permitting the operation or playing of any
radio, television, phonograph, jukebox, drum, musical instrument,
sound amplifier, or similar device which produces, reproduces, or
amplifies sound:
a.
Between the hours of 11:00 P.M. and 6:00 A.M. the following day,
or at any other time, in such a manner as to create a noise disturbance
across a real property boundary at fifty (50) feet except for activities
open to the public and for which a special event permit has been issued
by the City and subject to the terms of the permit. Any event organized
or for which a permit has been issued by the Parks and Recreation
Department shall be considered a permitted special event for the purposes
of this Section;
b.
In such a manner as to create a noise disturbance at fifty (50) feet
from such device, when operated in or on a motor vehicle on a public
right-of-way or public space, or in a boat on public waters; or
c.
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
2.
Owning, possessing or harboring any animal or bird which frequently
or for continued duration, howls, barks, meows, squawks or makes other
sounds which create noise disturbance across a residential real property
boundary at fifty (50) feet.
3.
Operating or permitting the operation of any tools or equipment used
in a commercial enterprise, construction, drilling or demolition work
between the hours of 11:00 P.M. and 6:00 A.M. the following day, seven
(7) days a week, such that the sound therefrom creates a noise disturbance
across a residential real property boundary at fifty (50) feet, except
for emergency work of public service utilities.
4.
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle
or motorboat in such manner as to cause a noise disturbance across
a residential real property boundary at fifty (50) feet.
5.
Operating or permitting the operation of powered model vehicles so
as to create a noise disturbance across a residential real property
boundary at fifty (50) feet or in a public space between the hours
of 11:00 P.M. and 6:00 A.M. the following day.
6.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snow blower or similar
device used outdoors in residential areas between the hours of 11:00
P.M. and 6:00 A.M. the following day so as to cause a noise disturbance
across a residential real property boundary at fifty (50) feet.
7.
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle for a prolonged, unnecessary and unreasonable
period of time, except as a danger warning.
8.
Yelling, shouting, hooting, whistling or singing on any public street,
particularly between the hours of 11:00 P.M. and 6:00 A.M., or at
any time or place so as to annoy, disturb the quiet, comfort or repose
of persons in any office, or in any dwelling, hotel or other type
of residence, or of any persons in the vicinity.
9.
The unreasonable and unnecessary and prolonged blowing of any steam
whistle.
10.
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 other device which will effectively prevent
loud or explosive noises therefrom.
11.
The erection (including excavation), demolition, alteration or repair
of any building in any residential district other than between the
hours of 7:00 A.M. and 10:00 P.M. on weekdays except in case of urgent
necessity in the interest of public health and safety, and then only
with a permit from the building inspector, which permit may be granted
for a period not to exceed thirty (30) days while the emergency continues.
If the building inspector 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
within the hours of 10:00 P.M. and 7:00 A.M., and if he/she shall
further determine that loss or inconvenience would result to any party
in interest, he/she may grant permission for such work to be done
within the hours of 10:00 P.M. and 7:00 A.M. upon application being
made at the time the permit for the work is awarded or during progress
of the work.
12.
The use or operation upon any street, alley or public place of sound
truck amplifier or loud speaking device of any kind, except as provided
in Chapter III of this Code.
13.
The use of any musical instrument, loud speaker or other noise-making
device for the purpose of attracting attention to any performance,
show or sale or display of merchandise or for any other purpose between
the hours of 9:00 P.M. and 8:00 A.M., except parades authorized by
permit from the City Manager.
14.
Any off-road vehicle, as defined in Section 304.001, RSMo., driven
or operated off the paved surface of any public street so as to cause
a noise disturbance.
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This Subsection shall not apply to vehicles used for governmental
purposes, vehicles used as personal golf carts while being used on
a golf course, or vehicles used on a permitted racetrack.
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B.
Enforcement. Enforcement of this Article will include the individual responsible for any such device emitting sound in violation of Subsection (A) above including the driver of a motor vehicle, or the first (1st) registered owner of the vehicle, the owner of record or a resident of a residence, or apartment, the proprietor of a business or the person who is in physical control of any such device.
C.
Rebuttal Presumption. If any vehicle is witnessed to have violated the provisions of Subsections (A)(1)(b), (A)(7), (A)(10) or (A)(12) of this Section and the identity of the operator 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 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.
[Ord. No. 7128 §1(22-46), 8-3-2009]
A.
The following acts are declared exempted from the operation of Sections 210.2510 and 210.2520, namely:
1.
The operation of emergency and police vehicles responding to calls
for service, and the operation of emergency equipment thereto;
2.
The conduct of any police, military, City administration, or emergency
services exercise, simulation or framing;
3.
The conduct of any parade, march, carnival, circus, show, fair, festival,
bazaar or special event having obtained the required licenses and
permits, subject to the terms of those licenses and permits, and otherwise
complying with the provisions of this Code. Any event organized or
for which a permit has been issued by the Parks and Recreation Department
shall be considered a permitted special event for the purposes of
this Section.
4.
This Article shall not apply to religious services, rodeos, noise
emitted by machinery during its normal operation or noise emitted
under similar circumstances, Poplar Bluff R-1 School District activities,
activities associated with business or commercial locations in an
appropriately zoned district where the activities are inside the structure.
[Ord. No. 7128 §1(22-47), 8-3-2009]
A.
The Poplar Bluff Police Department shall have the authority to seize as evidence any device which produces, reproduces, or amplifies sound, or which is operated, permitted to operate, played or used by any person to violate Sections 210.2510 and 210.2520. However, for the first (1st) offense under this Section, a warning shall only be issued by the Law Enforcement Officer, and the Law Enforcement Officer shall give the offending party notice of the violation and the fact that if a second (2nd) offense occurs, the device causing the excessive noise may be seized as evidence.
B.
A
Police Officer may seize any motor vehicle, boat, truck, bicycle or
any other device and have same towed and stored at the owner's expense
in accordance with Poplar Bluff Police Department policy regarding
a custodial arrest.
[Ord. No. 7128 §1(22-48), 8-3-2009]
Any individual, business and organization may apply for a permit
that will allow for an outside event where noise generated may otherwise
be in violation of this Article. The office of the City Manager or
his/her designee in his or her discretion may issue such permit. Such
permit shall identify the applicant and duration of the event.
[Ord. No. 7128 §1(22-49), 8-3-2009]
No person shall play or cause to be played any musical instrument
or device producing musical sound between the hours of 1:30 A.M. and
6:00 A.M.; provided that this Section shall not apply to musical instruments
being played in churches or as part of regular church entertainment,
social entertainment in private homes, entertainments in public buildings
where an admission fee is charged therefor or in any enclosed structure
located at a greater distance than two hundred (200) feet from any
dwelling, hotel, hospital, nursing home or sanitarium.
