[R.O. 2008 § 215.210]
A.
A person commits the offense of peace disturbance
if:
1.
He/she unreasonably and knowingly
disturbs or alarms another person or persons by:
a.
Loud noise;
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;
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;
d.
Fighting; or
e.
Creating a noxious and offensive
odor.
[R.O. 2008 § 215.215]
[R.O. 2008 § 215.220]
A.
PRIVATE PROPERTY
PROPERTY OF ANOTHER
PUBLIC PLACE
For the purposes of Sections 215.210 and 215.215, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
B.
If a building or structure is divided into
separately occupied units, such units are separate premises.
[R.O. 2008 § 215.223; Ord. No. 5838 § 1, 12-13-2012]
A.
Every citizen may freely speak, write and
publish the person's sentiments on all subjects, being responsible
for the abuse of the right, but no person shall knowingly picket or
engage in other protest activities, nor shall any association or corporation
knowingly cause picketing or other protest activities to occur, within
three hundred (300) feet of any residence, cemetery, funeral home,
church, synagogue, or other establishment or location during or within
one (1) hour before or one (1) hour after any actual funeral or burial
service at that place.
B.
As used in this Section, "other protest
activities" means any action that is disruptive or undertaken to disrupt
or disturb a funeral or burial service.
C.
As used in this Section, "funeral" and "burial" services mean 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 (300) foot zone that is established under Subsection (A) above.
[1]
Editor's Note: Ord. No. 5492 § 1,
adopted August 27, 2009, repealed Section 215.223, Funeral Protests
Prohibited, When—Funeral Defined, in its entirety. Subsequently,
Ord. No. 5838 § 1, adopted December 13, 2012, enacted the
new provisions set out herein.
[R.O. 2008 § 215.225]
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 criminal
laws of this State or of the United States with force or violence.
[R.O. 2008 § 215.230]
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 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 laws with force
or violence.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.235]
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.
[R.O. 2008 § 215.237; R.O. 2007
§ 215.340; Ord. No. 3914 §§ 1
– 19, 7-20-1999; Ord. No. 5713 § 1, 6-23-2011]
A.
The City of O'Fallon, Missouri, recognizes
that the right and privilege to participate in or to attend sporting
events is favored by public policy, legislation and court decisions.
B.
The public policy is to encourage family-oriented
activities and open-air amusements, tourism, economic and general
welfare.
C.
Sporting events and surrounding activities,
bands, fireworks and parades are beneficial to the residents of the
City of O'Fallon and surrounding areas.
D.
Residents of cities are subject to variable
levels of noise from trains, diesel vehicles and highway traffic,
etc., and as the City grows more, new noises have to be expected and
accommodated so long as they are not unreasonably loud.
E.
The City recognizes that sporting events
conducted near or even adjoining private residential property are
not a nuisance per se; nevertheless, the time or manner of conducting
such events may make the noise level a nuisance in fact outside the
stadium or field area.
F.
It shall be a violation of this Section
for any person to make, continue or cause to be made or continued
any excessive, unnecessary or unusually loud noise or any noise which
either annoys, disturbs, injures or endangers the comfort, health,
peace or safety of others within the limits of the City. Noises which
are the result of legally operating businesses engaged in their normal
operations are to be subject to the objective noise level limits listed
in this Section.
G.
The following acts, among others, when
created by activities which are not normal, or approved business activity
which are governed by the objective noise standards, may be declared
to be loud, disturbing and unnecessary noises in violation of the
provisions of this Section, but said enumeration shall not be deemed
to be exclusive, namely:
1.
Horns, Signaling Devices, Etc. The
sound of any horn or signaling device on any automobile, motorcycle,
streetcar or other vehicle on any street or public place of the City,
except as a warning or danger signal, the creation by means of any
such signaling device of any unreasonable period of time. The use
of any signaling device except tone operated by hand or electricity
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.
Loud Speakers, Amplifiers For Advertising.
The use, operation or permitting to be played, used or operated 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 from the public streets for the purpose
of commercial advertising or attracting the attention of the public
to any building or structure that is determined to be excessive based
upon the criteria set out in this Section.
3.
Yelling, Shouting, Etc. Prolonged
yelling, shouting, hooting or whistling on the public streets, particularly
between the hours of 10:30 P.M. and 7:00 A.M. or at any time or place
so as to annoy or disturb the quiet, comfort or repose of persons
of reasonable sensitivity in any office, dwelling, hotel or other
type of residence, or of any persons in the vicinity.
4.
Animals, Birds, Etc. The keeping
of any animal or bird on residential premises that causes frequent
or long continued noise which disturbs the comfort or repose of any
persons in the vicinity.
5.
Schools, Courts, Churches, Hospitals.
The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while the same are
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
in such streets indicating that the same is a school, hospital or
court street.
6.
Engines And Equipment, Etc. Allowing
vehicle or equipment engines to rev up or idle for prolonged periods
or at times or locations which can reasonably be expected to annoy
or disturb the quiet, comfort or repose of persons of reasonable sensitivity
in nearby areas.
H.
Enforcement Factors. In the enforcement
of standards established in this Section, an Enforcement Officer may
be required to exercise judgment in determining if a particular noise
is sufficiently loud or otherwise so offensive that it would unreasonably
disturb other persons in the vicinity. When making such determinations,
the Enforcement Officer shall consider the following factors:
1.
The intensity (sound pressure level)
of the noise.
2.
Whether the nature of the noise is
usual or unusual.
3.
Whether the origin of the noise is
natural or manmade.
4.
The volume and intensity of the background
noise, if any.
5.
The proximity of the noise in residential
sleeping facilities during the sleeping hours of 10:30 P.M. to 7:00
A.M.
6.
The nature and zoning of the area
within which the noise emanates.
7.
The time of the day or night along
with the day of week and time of year the noise occurs.
8.
The duration of the noise.
9.
Whether the noise is recurrent, intermittent
or constant.
I.
A-WEIGHTED SOUND LEVEL
DECIBEL (dB)
EMERGENCY WORK
HOLIDAY
MUFFLER
NOISE
OUTDOOR AMPLIFIED SOUND
PERSON
SLOW RESPONSE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND RECEPTOR
SOUND SOURCE
TIME WEIGHED AVERAGE
Definitions. All words used in this Section
not defined below shall be in conformance with applicable publication
of the American National Standards Institute (ANSI) or its successor
body for the purpose of this Section. The following words and phrases
are defined and shall be construed as defined below unless it shall
be apparent from the context that a difference meaning is intended.
The sound pressure level in decibels as measured on a sound
level meter using an A-weighting network. The level so read is designated
dBA.
A unity for describing the amplitude of sound, equal to twenty
(20) times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is twenty (20)
micronewtons per square meter.
A work performed for the purpose of preventing or alleviating
physical trauma or property damage threatened or caused by an existing
or imminent peril. Emergency work may also be declared by the City
as outlined above.
For the purposes of this Section, the following days will
be recognized as holidays for the purpose of granting permits to exceed
maximum sound level: Memorial Day, Independence Day, Labor Day and
December thirty-first (31st).
An apparatus consisting of a series of chambers or baffle
plates designed for the purpose of transmitting gases while significantly
reducing sound emanating from such apparatus.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound using sound equipment, whose source is outside
or whose source is inside and the sound propagates to the outside
through open doors or windows or other openings in the building.
Any individual, association, partnership or corporation and
includes any officer, employee, department, agency or instrumentality
of the United States, the State of Missouri, or any political subdivisions
thereof.
Metering function to be used in measurement of sound for
determination of enforcement of the objective noise level limits stated
within this Section.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression, and rarefaction of that medium resulting in
air pressure variations perceptible by the human ear. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The unweighted ("flat") or weighted sound pressure level
obtained by the use of a sound level meter and frequency weighting
network, such A, B or C as specified in the American National Standards
Institute specifications for sound level meters (ANSI S1.4). If the
frequency weighting employed is not indicated, the A-weighting shall
apply.
An ANSI standard S1.4 Type 0, I or II class instrument which
includes a microphone, amplifier, RMS detector, integrator or time
average, output meter and weighting network used to measure sound
pressure levels.
Twenty (20) times the logarithms to the base 10 of the ratio
of the roof mean squared (RMS) sound pressure to the reference pressure
of twenty (20) micronewtons per square meter.
The location or property boundary receiving noise from a
sound source.
The location of property boundary from which a sound emanates.
For the purposes of enforcement of the allowable noise level
limits in this Section, sound level measurements shall be average
when possible and appropriate over a fifteen-minute period, using
a sound level meter which includes an ANSI standard integration feature.
The proper designation for sound level measurements made using this
technique is dBA LEQ (Equivalent Level).
J.
Classification Of Use Occupancies. Use
occupancies shall be as follows:
1.
Residential Use. All premises containing
habitually-occupied sleeping quarters. However, premises containing
transient commercial sleeping quarters are considered commercial use.
Hospitals, nursing homes, schools, libraries, fraternity and sorority
houses and charges are considered residential uses.
2.
Public Nuisance. An offense against
the public order by any act which annoys, injures, endangers, renders
insecure, interferes with or obstructs the rights or property of the
whole community or neighborhood or of any considerable number of persons,
even though extent of the annoyance, injury or damage may be unequal
or may vary in its effect on individuals.
3.
Commercial. All premises where sales,
professional or other commercial activity is legally permitted, except
that residentially zoned properties with lawful home occupations are
considered residential.
4.
Industrial. All premises where goods
or wares are made, warehoused or stored or where manufacturing is
legally permitted.
5.
Agricultural. All premises which
are bona fide farms, golf courses, or which are characterized by farming
activities as the primary use of the premises.
6.
Recreational/Athletic/Amusement/Outdoor
Activity. All premises which are designated as indoor and outdoor
entertainment and/or recreational activities.
K.
Measurement Methodology. This Section describes
acceptable methods of techniques for the measurement and reporting
of noise for the purpose of determining compliance with the allowable
noise levels listed above.
1.
Measurement Location. Measurement
of sound must be made at the front building line on the property of
the noise receptor.
2.
Calibration. All sound level measuring
devices must be calibrated by a certified agency or the City.
3.
Sound level measurement shall be
made with a sound level meter using the A-weighting scale set on "slow"
response.
4.
Sound level meters shall be at least
Type II meeting American National Standard Institute (ANSI S1.4-1983
requirements). Persons using the sound levels shall be trained in
sound level measurement and the operation of sound level measurement
equipment.
5.
Measurement Procedures. The following
procedures must be followed to obtain representative sound level measurements.
a.
Measurement location must be at least
three (3) feet above the ground and not more than ten (10) feet above
ground.
b.
Measurement shall be taken in location
on receptor property with line of sight to the noise source if possible.
c.
Measurements made in sustained winds
over ten (10) knots may be subject to review and considered not valid.
Precipitation or other sounds which result in a difference of less
than ten (10) dBA between the background or ambient noise level and
the noise source being measured may also invalidate measurements.
d.
Measurements must be made with the
sound level meters set for "A" weighting and "slow" response.
e.
Measurements are to be made when
possible and appropriate to the noise source over a fifteen-minute
period with the sound level meter in the "averaging" or Leq mode.
Measurements should be made over a continuous period, unless a transient
event which is easily identified, such as an aircraft overflight,
occurs. In this case, the averaging period may be paused for the duration
of the transient event and the measurement restarted when the transient
event sound level is ten (10) dBA below the noise source being measured.
6.
Date Documentation. A record of all
sound level measurements must be completed and signed by the person
marking the measurements. The record sheet should include:
a.
Date.
b.
Time of measurement.
c.
Location (street address if possible).
d.
Noise source.
e.
Wind speed and direction (measured,
estimate or from airport or weather service records).
f.
Temperature (if readily available).
g.
Humidity (if readily available).
h.
Make, model and serial number of
sound level meter, date of last certification/calibration.
i.
Field calibration results.
j.
Ambient (background) noise level.
k.
Name of complainant (if available).
L.
In addition to the subjective standards
established above, 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.
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
|
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.
|
M.
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.
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-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 O'Fallon,
so long as such sound remains within the parameters of this Section.
7.
All noises coming from the normal
and legal operations 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 City Council, 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 to 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.
N.
Special Use Districts, Overlay Zones. When
approved by the City Council, 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 the zoning
district only and shall not serve as an overall modification to the
noise level limits throughout the City.
O.
Annexed Or Rezoned Property. Annexed property
that has been granted a non-residential zoning or is currently operating
as a commercial or amusement use shall have twelve (12) months to
comply with the allowable noise level limits listed above. 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, applicant or owner shall demonstrate, whether
through field testing or by use of the Shell Isolation Rating system,
that planned or existing housing provides thirty-five (35) dBA of
attenuation from outside to inside the building.
P.
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.
Q.
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 nuisance, stating the existence of the nuisance
and requesting its abatement in the time specified in this Section.
R.
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.
S.
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 O'Fallon
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; and if he/she finds that adequate corrective
measures will not be employed to abate the noise level.
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 O'Fallon 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). Each day of such violation
shall constitute a separate violation.