Making, creating or permitting any steady or intermittent loud, unusual,
disturbing or unnecessary noise(s), including, but not limited to,
the playing of any radio, music player such as a "boom box," tape
cassette, disc player, television, audio system or musical instrument
in violation of the following standard: any sound at a volume exceeding
seventy (70) decibels at any point on the lot line of the lot on which
the noise is generated, and closest to the point of annoyance, shall
be deemed a "loud, unusual, disturbing or unnecessary noise." Nothing
herein shall be construed to prohibit an otherwise lawful public concert
or public performance. For the purpose of prosecution, it shall be
presumed that the playing of any radio, music player such as a "boom
box," tape cassette, disc player, television, audio system or musical
instrument is disturbing to the peace of another person if played:
(i) at a volume exceeding seventy (70) decibels anywhere within a
multiple dwelling or structure (including, but not limited to, a duplex,
condominium, apartment or office) other than inside where the noise
is generated; or (ii) at a volume in a vehicle plainly audible to
persons more than fifty (50) feet away from the source of the noise.
Sound measurements shall be made with an accurate sound-level meter.
Exceptions may be made at such times as specifically permitted
by the City Manager, in writing, on a case-by-case basis taking into
consideration the nature, volume and duration of the proposed activity,
the times involved and likelihood of disturbing the peaceful enjoyment
of other properties.
This Subsection shall not apply to the following which are exempted
from noise level limits:
(1)
The operation of construction devices, with sound control devices
equivalent to or better than the original equipment, used in construction
activities as follows:
Between the hours of 7:00 a.m. and Sunset on weekdays (excluding
national holidays); or
Between the hours of 8:00 a.m. and Sunset on Saturdays, Sundays,
and national holidays.
(2)
The repair, maintenance or construction of public facilities
of the State, County or municipal governments, or such public or quasi-public
municipal corporations as may be established under the Constitution
or laws of the State of Missouri;
(3)
Emergency work to repair or maintain private utility facilities;
(4)
Emergency work to repair equipment or facilities damaged or
rendered inoperable as a direct result of unavoidable upset conditions,
providing such occurrence is reported to the Director of Public Works
within twenty-four (24) hours after the occurrence;
(5)
The operation of motor vehicles on a vehicular way with such
control devices equivalent to or better than the original equipment;
(6)
The necessary operation of emergency signal devices;
(7)
Electric distribution transformers;
(8)
The operation of lawn care maintenance equipment with sound
control devices equivalent or better than the original equipment from
7:00 a.m. until Sunset; or
(9)
Special events (such as Night Out) as approved by City Council
on a case-by-case basis; or