[R.O. 1997 § 217.010; Ord. No. 1465 § 1, 1-14-2008]
This Chapter shall be cited as the
"Noise Control Code" and is promulgated to address such pressure levels
of sound or noise that are in excess of the limits provided in this
Code and have been determined to be a major source of environmental
pollution that represents a threat to the serenity and quality of
life and has an adverse physiological and psychological effect on
human beings, thus contributing to an economic loss to the community.
[R.O. 1997 § 217.020; Ord. No. 1465 § 1, 1-14-2008]
For purposes of this Chapter, the
following words and phrases are herein defined:
A weighted sound pressure level as measured with the A-weighting
network of a sound level meter. The unit of measurement is dB(A).
Any farm used in the production or processing for commercial
or similar purposes of agricultural products.
[Ord. No. 2264, 5-22-2017]
Products which are propagated, grown and/or harvested in
the City, including, but not limited to, crops, bees, honey, fish
or other aquacultural product, livestock, a livestock product, a forestry
product, and poultry or a poultry product, either in its natural or
processed state.
[Ord. No. 2264, 5-22-2017]
The A-weighted sound pressure level of all the encompassing
noise associated with a given environment, being usually a composite
of sounds from many sources.
The American National Standards Institute or its successor
bodies.
The controlled propagation, growth and harvest of fish, shellfish
or other aquatic organisms for commercial purposes.
[Ord. No. 2264, 5-22-2017]
The Appeal Board established by St. Louis County Code Section
612.070, 1974, as amended.
The line of demarcation which separates the real property
owned by one person from that owned by another person.
Any activity, which exists on or is applied to land or structures on the land, wherein goods, services or commodities are provided, exchanged or purchased and sold at wholesale or retail. The commercial land use category shall include facilities for the repair or servicing of new and used automobiles, trucks, trailers, construction equipment, agricultural equipment and boats and public or private utility facilities that are collectively located within all "C" Commercial Districts of the City of Wildwood Zoning Ordinance (Chapter 415 of the City Code).
Any or all activity necessary or incidental to the erection,
demolition, assembling, repairing, altering, installing or equipping
of public or private buildings, private or public parks, premises,
utility lines and private or public highways, roads or streets, including
land clearing, grading, excavating and filling.
Any device used in construction, including, but not limited
to, any air compressor, pile driver, manual tool, bulldozer, pneumatic
hammer, steam shovel, derrick, crane, steam or electric hoist.
A sound emitted by one (1) or more pieces of machinery or
equipment for more than sixty (60) consecutive minutes, unless such
machinery or equipment is used during planting or harvesting crops.
[Ord. No. 2264, 5-22-2017]
7:00 A.M. to 7:00 P.M., prevailing local time.
Any equipment or mechanism that is intended to produce or
which actually produces sound when installed, used or operated.
The Director of the Department of Community Health and Medical
Care, his/her duly authorized agents and the Director of Planning
and Parks of the City of Wildwood, Missouri, and his/her duly authorized
agents, including officers of the St. Louis County Police Department.
A noise measured on a one-third (1/3) octave band analyzer,
which is ten (10) decibels greater than each of the adjacent one-third
(1/3) octave bands.
Any gong, siren, whistle or any air horn or similar device,
when used on any vehicle designated as an emergency vehicle by ordinance
or by Missouri Statute or used in connection with an emergency warning
system or used in connection with a warning system intended to produce
a sound signal upon unauthorized entrance by a person into a building
or motor vehicle.
Work necessary to restore property to a safe condition following
a public calamity or work required to protect person or property from
an imminent exposure to danger.
A parcel of land used for growing or raising agricultural
products, including related structures thereon.
[Ord. No. 2264, 5-22-2017]
Any activity, which exists on or is applied to land or structures on the land, which pertains to the mining or extraction of raw materials from the earth and the processing thereof, salvage yards, junk yards, steel mills, foundries, smelters, automobile, truck construction equipment or agricultural equipment assembly plants, sulfur plants, rubber reclamation plants, cement plants, sanitary landfills, railroad switching yards, metal fabrication plants and chemical processing plants that are collectively located within all "M" Industrial Districts of the City of Wildwood Zoning Ordinance (Chapter 415 of the City Code).
A noise containing excursions usually of no more than one
(1) second, the A-weighted sound pressure level of which exceeds the
ambient noise level by more than twenty (20) dB(A), when measured
by the fast meter characteristic of a sound level meter.
Any activity, which exists on or is applied to land or structures on the land, wherein the activities of manufacturing, fabrication, processing or assembly are utilized to produce a semi-finished or finished product. The light industrial land use category shall include the warehousing, storing and distributing of semi-finished or finished products that are collectively located within all "M" Industrial Districts of the City of Wildwood Zoning Ordinance (Chapter 415 of the City Code).
Any self-propelled vehicle not operated exclusively on rails.
7:00 P.M. to 7:00 A.M., prevailing local time.
Any sound that is or may be harmful or injurious to the health,
safety or welfare of any individual; or of such a volume, frequency
and/or intensity that it unreasonably interferes with the enjoyment
of life, quiet, comfort or outdoor recreation of an individual of
ordinary sensitivity and habits; or endangers or injures real or personal
property or the conduct of business.
The minimum vibrational motion necessary to cause awareness
of the existence of the vibration by direct means, including, but
not limited to, sensation by touch or visual observations. Any vibration
which produces more than five-tenths (0.5) inch/second root mean square
vertical velocity shall be deemed sufficient to cause the awareness
of the existence of the vibration by direct means.
Any continuous sixty (60) minute period during which observations
of stationary noise sources are made and measurements of noise levels
are taken.
Any human being, firm, association organization, partnership,
business, trust, corporation, company, contractor, supplier, installer,
user, owner or operator and shall include any municipal corporation
or its officers or employees.
Any activity, which exists on or is applied to land or structures on the land, wherein persons occupy single-family or multiple-family dwellings or other structures containing units with facilities which are used or are intended to be used for living or sleeping and which may include facilities for cooking and eating. The residential land use category shall include schools, churches, hospitals, libraries, public or private parks and other similar land uses that are collectively located within the "NU" Non-Urban Residence District and all "R" Residential Districts of the City of Wildwood Zoning Ordinance (Chapter 415 of the City Code).
An audible oscillation of pressure in air.
Any instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
pressure levels in a specified manner which complies with Type 2 or
better standards established in the ANSI S1.4-1971 "Specification
for Sound Level Meters."
Twenty (20) times the logarithm to the base ten (10) of the
ratio of the root mean square pressure of a sound to the standard
reference pressure which is twenty (20) micropascals. The unit of
measurement is the decibel (dB).
Any equipment or machine for the production, reproduction
or amplification of speech, music or other sound, including, but not
limited to, radios, televisions, phonographs, tape players, musical
instruments, compact disc or tape cassette players, walkie-talkies,
CD radios or synthesizers.
Any equipment, motor vehicle, aircraft or facility, fixed
or movable, capable of emitting audible sound.
A paved or unpaved area used by motor vehicles including,
but not limited to, roads, streets, highways, alleys, access ways
(both public or private) and parking lots.
A spatial oscillation of displacement, velocity or acceleration
in a solid material.
[R.O. 1997 § 217.030; Ord. No. 1465 § 1, 1-14-2008]
In order to enhance the public health
and prevent the entrance of noise pollution and excessive vibration
into the atmosphere and environment of St. Louis County (and the City
of Wildwood, Missouri) which will tend to interfere with the health
and welfare of the citizens of St. Louis County (and the City of Wildwood,
Missouri), the provisions of this Code shall be in effect in all unincorporated
parts of St. Louis County and in all cities, towns and villages within
the corporate limits of St. Louis County, except in those cities,
towns and villages with a population of seventy-five thousand (75,000)
or over having an organized Health Department and which have adopted
and are enforcing ordinances and resolutions pertaining to noise pollution
and the generation of vibrations which have established standards
that are no less stringent than the provisions set forth in this Chapter.
[R.O. 1997 § 217.040; Ord. No. 1465 § 1, 1-14-2008]
Unless otherwise specified herein
or specified in regulations promulgated by the Director under this
Code, the acoustical terminology, the reference pressure, instrument
specifications and calibrations and methods for measurement of sound
pressure levels shall be in conformance with the definitions and provisions
contained in the documents designated as ANSI S1.1-1971, S.4-1971,
S1.11-1966 (R 1971) and S1.13-1971, of which one (1) copy of each
document is filed in the office of the Administrative Director of
St. Louis County, Missouri.
[R.O. 1997 § 217.050; Ord. No. 1465 § 1, 1-14-2008; Ord. No. 2264, 5-22-2017]
A.
No person shall make, cause to be made, continue, operate or permit to be operated any stationary noise source which emits noise in such a manner that the level of the noise emitted, when measured at any point outside the boundary of the property upon which the stationary noise source is located using the slow meter characteristic and the A-weighting network of the sound level meter, exceeds the levels set forth in Table I below or exceeds the limit set forth in Section 217.050(F). A noise measured or registered in the manner provided herein from any source at a level which is in excess of the dB(A) established for the time period and land uses listed in this Section is hereby declared to be excessive, unusually loud and a nuisance under the City of Wildwood Code Chapter 215, Nuisances, and is unlawful. When the noise emitted is measured upon property which is located in a different land use category than the property upon which the stationary noise source is located, the levels applicable to the property where the noise emitted is measured shall be used to determine if a violation exists. If more than one (1) use exists on the property where the noise emitted is measured such that more than one (1) land use category would be applicable to the property, then the levels set forth in the least restrictive applicable land use category of Table I shall be used to determine if a violation exists.
B.
No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound level emitted exceeds the limits set forth in Table I, except in areas otherwise designated for such activity. Notwithstanding the standard sixty (60) minute period of measurement, incidents of this described nature will be considered under a period of measurement of no fewer than fifteen (15) minutes or no greater than thirty (30) minutes for the purposes of establishing whether the activity exceeds the limits set forth in Table I, but shall be determined based upon the most restrictive sound threshold for that particular use category (residential, commercial and/or industrial). The operation of any motor vehicles or motorcycles of this nature, which exceeds the limits set forth in Table I, shall be required to obtain a conditional use permit from the City of Wildwood in accordance with Section 415.500, Conditional Use Permit Procedure, for continued operation.
C.
If the stationary noise source emits noise
containing a discrete tone, the permissible levels shall be five (5)
dB lower than the applicable levels of Table I.
D.
If the stationary noise source emits impulsive noise, the levels of Table I shall be lowered by five (5) dB. A violation of this Code shall exist if the level of the impulsive noise emitted exceeds the applicable levels of Table I, as modified by this Subsection, when the measurement is made using the fast meter characteristic and the A-weighting network of the sound level meter or if the level of the impulsive noise emitted exceeds the limit set forth in Section 217.050(F).
F.
If the ambient noise level exceeds the
level of the noise emitted from the stationary noise source for one
(1) or more periods of time during the period of measurement, then
for any such period of time the level of the noise emitted from the
stationary noise source shall be deemed to be lower than the level
which is permitted for sixty (60) minutes during the period of measurement
in the applicable land use category and for the applicable time of
day.
G.
If, during the period of measurement, noise
shall be emitted from a stationary noise source for periods of time
at two (2) or more different levels, a violation of this Code shall
exist if the sum of the following fractions C1/T1 + C2/T2 + . . .
Cn/Tn exceeds the unit number 1. For purposes of this calculation,
Cn shall equal the actual time period that noise is emitted at each
measured noise level and Tn shall equal the period of time that noise
is permitted under Table I to be emitted at each measured noise level.
Provided, however, if:
1.
The ambient noise level exceeds the
level of noise emitted from the stationary noise source for one (1)
or more periods of time during the period of measurement; or
|
TABLE I
| |
|---|---|
|
A. Residential Land Use Category
| |
|
Daytime Hours
| |
|
Tn*
|
[dB(A)]**
|
|
60
|
55 or less
|
|
30
|
56—58
|
|
15
|
59—61
|
|
8
|
62—64
|
|
4
|
65—67
|
|
2
|
68—70
|
|
0
|
71 or greater
|
2.
The level of the noise emitted from
the stationary noise source is lower than the level of noise which
is permitted in Table I for sixty (60) minutes during the period of
measurement in the applicable land use category and for the applicable
time of day for one (1) or more periods of time during the period
of measurement, then for the purpose of the calculation set forth
in this Subsection, for each such period of time, the term Cn shall
be deemed to be zero (0) and the fraction Cn/Tn shall be zero (0).
|
Nighttime Hours
| |
|---|---|
|
Tn*
|
[dB(A)]**
|
|
60
|
50 or less
|
|
30
|
51—53
|
|
15
|
54—56
|
|
8
|
57—59
|
|
4
|
60—62
|
|
2
|
63—65
|
|
0
|
66 or greater
|
|
*
|
Total duration of time noise to be
emitted from noise source during period of measurement (minutes).
|
|
**
|
A-weighted sound pressure level.
|
|
B. Commercial Land Use Category
| |
|---|---|
|
Daytime Hours
| |
|
Tn*
|
[dB(A)]**
|
|
60
|
65 or less
|
|
30
|
66—68
|
|
15
|
69—71
|
|
8
|
72—74
|
|
4
|
75—77
|
|
2
|
78—80
|
|
0
|
81 or greater
|
|
Nighttime Hours
| |
|---|---|
|
Tn*
|
[dB(A)]**
|
|
60
|
60 or less
|
|
30
|
61—63
|
|
15
|
64—66
|
|
8
|
67—69
|
|
4
|
70—72
|
|
2
|
73—75
|
|
0
|
76 or greater
|
|
*
|
Total duration of time noise to be
emitted from noise source during period of measurement (minutes).
|
|
**
|
A-weighted sound pressure level.
|
|
C. Light Industrial Land Use Category
| |
|---|---|
|
All Hours
| |
|
Tn*
|
[dB(A)]**
|
|
60
|
70 or less
|
|
30
|
71—73
|
|
15
|
74—76
|
|
8
|
77—79
|
|
4
|
80—82
|
|
2
|
83—85
|
|
0
|
86 or greater
|
|
*
|
Total duration of time noise to be
emitted from noise source during period of measurement (minutes).
|
|
**
|
A-weighted sound pressure level.
|
|
D. Heavy Industrial Land Use Category
| |
|---|---|
|
All Hours
| |
|
Tn*
|
[dB(A)]**
|
|
60
|
80 or less
|
|
30
|
81—83
|
|
15
|
84—86
|
|
8
|
87—89
|
|
4
|
90—92
|
|
2
|
93—95
|
|
0
|
96 or greater
|
|
*
|
Total duration of time noise to be
emitted from noise source during period of measurement (minutes).
|
|
**
|
A-weighted sound pressure level.
|
H.
No machinery or equipment used as part
of an agricultural operation shall emit a continuous sound that results
in an increase in the noise level above the ambient noise level at
all boundary lines of the lot on which the machinery or equipment
is located.
I.
For the purposes of this Section, a noise
not in violation of the parameters specified above constitutes a noise
disturbance in violation of this Section when, in the reasonable discretion
of St. Louis County Police Officers, public health officials or Code
Enforcement Officers, the noise constitutes an unreasonable interference
with enjoyment of life, quiet, comfort or outdoor recreation of an
individual or individuals of ordinary sensitivity or habits who are
present at the time the noise is made.
[R.O. 1997 § 217.060; Ord. No. 1465 § 1, 1-14-2008]
No person shall cause or allow any
operation, nor engage in any activity, causing vibrations to be generated,
which are greater than the perception threshold at any point outside
of the boundary of the property, where the source of the vibrations
is located; provided however, vibrations caused by blasting operations
conducted in accordance with the requirements of St. Louis County
Code Chapter 711, 1974, as amended, The Explosives Code, shall not
be subject to the provisions of this Section.
[R.O. 1997 § 217.070; Ord. No. 1465 § 1, 1-14-2008]
A.
To the extent provided in this Section,
the provisions of this Chapter shall not apply to:
1.
The operation of construction devices,
with sound control devices equivalent to or better than the original
equipment, used in construction and manufacturing activities during
daytime hours.
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 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 operation of railway equipment
and vehicles operated exclusively on rails.
7.
The in-flight operation of aircraft,
including the pre-takeoff run-up of aircraft engines; provided, however,
with the exception of the pre-takeoff run-up of aircraft engines,
the provisions of this Chapter shall apply to the run-up of aircraft
engines, mounted or unmounted, for maintenance or test purposes during
nighttime hours.
8.
The necessary operation of emergency
signal devices.
9.
Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line. In addition, electric power distribution transformers shall not be subject to the provisions of Section 217.050(B).
10.
The operation of lawn care maintenance
equipment, with sound control devices equivalent to or better than
original equipment from 7:00 A.M., prevailing local time to sunset.
11.
Up to six (6) turkey/meet shoots
per group or entity between January 1 and May 31 of each year and
eight (8) turkey/meet shoots per group or entity between June 1 and
December 31 of each year, so long as:
a.
A minimum of six (6) weeks is allowed
to pass between the end of one (1) series and the start of a second
series by the same group or entity; and
b.
The turkey/meet show is authorized
by the issuance of an amusement permit by the St. Louis County Department
of Public Works or the City of Wildwood.
12.
Consumer grade emergency generators,
when electrical outages caused by weather conditions or natural occurrences
warrant their operation. However, the installation of these generators
shall include appropriate noise mitigation requirements, such as walls,
mufflers and other sound dampening technologies, to be approved by
the City of Wildwood's Department of Planning at the time of their
permitting.
13.
The general use of lawn and tree
maintenance equipment in conjunction with residential or agricultural
properties.
[R.O. 1997 § 217.080; Ord. No. 1465 § 1, 1-14-2008]
A.
Whenever the Director determines that a
violation of any provision of this Code exists, as defined as an unreasonable
interference with enjoyment of life, quiet, comfort or outdoor recreation
of an individual or individuals of ordinary sensitivity or habits
who are present at the time the noise is made, he/she shall issue
a written notification to the person responsible for the alleged violation.
The notification shall set forth the nature of the violation and shall
direct that the violation must be abated within the time period specified
by the Director, which time period shall not exceed sixty (60) days
from the date the notice is sent; provided, however, if the violation
cannot be abated within the time period specified by the Director,
the Director may extend the time period for compliance for a reasonable
period of time upon submission of an acceptable abatement plan by
the person responsible for the violation. In determining whether the
abatement plan is acceptable, the Director's consideration shall include,
but shall not be limited to:
[R.O. 1997 § 217.090; Ord. No. 1465 § 1, 1-14-2008]
A.
In addition to any other duties imposed
by law or County ordinance, the duties of the Board shall include,
but shall not be limited to, the following:
1.
Review appeals from orders of the
Director or from any other actions or determinations of the Director
hereunder for which provision is made for appeal.
2.
Grant, deny or revoke variance applications.
3.
File an annual report with the County
Council reviewing the activities of the Board together with recommendations
concerning fees, variance applications, enforcement and procedures.
[R.O. 1997 § 217.100; Ord. No. 1465 § 1, 1-14-2008]
A.
Any person aggrieved by any decision, ruling
or order of the Director may appeal to the Board. Appeals shall be
taken within ten (10) days of the time the parties have been notified
in writing of the Director's decision and the appeal shall act as
a stay of the decision. Such notice of appeal shall be filed in writing
with the Director and directed to the Board specifying the grounds
therefor and the relief prayed for. The Director shall forthwith transmit
to the Board of papers constituting the record upon which the decision,
ruling or order appealed from is taken. The Board, upon hearing such
appeal, shall either affirm, modify or set aside the decision, ruling
or order, but no action of the Board may be at variance with any of
the provisions of this Code or any other ordinance of St. Louis County.
Any final decision of the Board may be appealed by either party to
the Circuit Court under provisions of the Missouri Administrative
Procedure Act, Chapter 536, RSMo.
B.
Fifty dollars ($50.00) shall accompany
each notice of appeal, which shall be paid to the Director for deposit
with the County Treasurer.
C.
Notice of a hearing held under this Section shall be given by the Director to the petitioner in writing at least seven (7) days prior to the date the hearing is set. Service of the notice shall be in accordance with Section 217.120 of this Code.
D.
When the Board schedules a matter for hearing
under this Section, each party to the proceeding may file written
arguments and may appear at the hearing in person or by representative,
with or without counsel and may make oral arguments, offer testimony
or cross examine witnesses or take any combination of such actions.
E.
The County Council may subpoena and compel
the attendance of such witnesses, as the Director or the party filing
the appeal may designate and may require for examination the production
of any books, papers or records relating to the matter under investigation
at the hearing.
F.
All hearings held under this Section shall
be held before a majority of all members of the Board and any final
order or decision or other final action by the Board shall be approved
by at least a majority of the Board's members hearing the matter.
G.
The decision of the Board shall be in writing, served and filed within fifteen (15) days after hearing and shall contain a brief statement of facts found to be true, the determination of the issues presented and the order of the Board. A copy of the decision shall be served by the Director on the petitioner and to every person who has appeared as a party in person or by counsel at the hearing. Service shall be in accordance with Section 217.120 of this Code.
H.
Upon application by the petitioner, at
least five (5) days prior to the date of the hearing held under this
Section, the Chairman or any two (2) members of the Board may grant
a continuance of the hearing. A continuance may be granted without
a meeting of the Board and without prior notice.
I.
A summary record of the hearing held under
this Section shall be kept by the Director and shall be made available
to any party to the proceeding. Any party to the hearing may at his/her
expense take and record a verbatim record of the proceedings.
J.
The decision of the Board shall be effective
ten (10) days after service on the petitioner, unless otherwise provided
by the Board.
[R.O. 1997 § 217.110; Ord. No. 1465 § 1, 1-14-2008]
A.
The Board may grant individual variances
beyond the sound pressure levels or vibration level limitations prescribed
in this Code whenever it finds, upon presentation of adequate proof,
that compliance with any provision of this Code will result in an
arbitrary and unreasonable taking of property or in the practical
closing and elimination of any lawful business, occupation or activity,
in either case without sufficient corresponding benefit or advantage
to the people; except that no variance shall be granted where the
effect of the variance will permit the continuance of a health hazard;
and except, also that any variance so granted shall not be construed
as to relieve the person who received the variance from any liability
imposed by other law for the commission or maintenance of a nuisance.
B.
In determining under what conditions and
to what extent a variance may be granted, the Board shall exercise
a wide discretion in weighing the equities involved and the advantages
and disadvantages to the applicant and to those affected by the noise
and vibrations emitted by the applicant.
C.
Variances shall be granted for such periods
of time and under such terms and conditions as shall be specified
by the Board in its order. The variance may be extended by affirmative
action of the Board.
D.
Any person seeking a variance shall do
so by filing a petition for variance with the Director. The Director
shall promptly investigate the petition and make a written recommendation
to the Board as to the disposition thereof. Upon receiving the recommendation
of the Director, the Board shall hold a public hearing in accordance
with the procedures set forth in this Section.
E.
Notice Of Public Hearing.
1.
Notice of public hearing shall be given by the Director to the petitioner in writing at least thirty (30) days prior to the date the hearing is set. Service of the notice shall be made in accordance with Section 217.120 of this Code.
2.
Notice of public hearing shall also be given by public advertisements setting forth the date, time and place of hearing. The Director shall include in such notice the name of the petitioner for the variance, the location of the premises for which the variance is sought, a brief description of the variance requested and the recommendation of the Director. The notice shall be published in a newspaper of general circulation in St. Louis County. Such publication shall take place for two (2) days within a four (4) day period and the second day of publication shall be at least thirty (30) days prior to the date the hearing is set. The cost of publication shall be borne by the petitioner and shall be in addition to any charges imposed upon the petitioner under Subsection (O) herein.
3.
The Director shall send a copy of
the notice of public hearing to all persons who are not parties to
the proceeding, who have filed a written request for notification
with the Director.
F.
The Director shall maintain a copy of the
recommendation at the offices of the Department of Community Health
and Medical Care and said recommendation shall be available for public
inspection.
G.
The County Council may subpoena and compel
the attendance of such witnesses as the Director or the party requesting
the variance may designate and may require for examination the production
of any books, papers or records relating to the matter under investigation
at the hearing.
H.
All hearings shall be held before a majority
of all the members of the Board and any final order or decision or
other final action by the Board shall be approved by at least a majority
of the members of the Board hearing the matter.
I.
At any public hearing, the Board shall
maintain a record of the name and address of each witness appearing
and all testimony taken before the Board shall be under oath and recorded
stenographically. Copies of the transcript so recorded may be obtained
by any member of the public or any party to the hearing upon payment
of the usual charges therefor.
J.
Upon application by the petitioner, at least five (5) days prior to the date of the hearing, the Chairman or any two (2) members of the Board may grant a continuance of the hearing. A continuance may be granted without a meeting of the Board and without prior notice. Notice of a public hearing for which a continuance has been granted shall be given in accordance with the provisions of Subsection (E).
K.
At any public hearing held by the Board,
the burden of proof shall be on the person petitioning for the variance.
Each party to the proceeding may appear at the hearing in person or
by representative, with or without counsel, and may make oral arguments,
offer testimony or cross-examine witnesses or take any combination
of such actions. In addition, any party to the proceeding or any person
who may be directly affected by the subject matter thereof may submit,
within seven (7) days subsequent to the hearings, written arguments
setting forth their views.
L.
The decision of the Board shall be in writing and filed within twenty-one (21) days after hearing and shall contain a brief statement of facts found to be true, the determination of the issues presented and the order of the Board. The decision of the Board shall be effective ten (10) days after service on the petitioner, unless otherwise provided by the Board. The decision shall include a certification that the public hearing was held in accordance with the notice requirements of Subsection (E). Any final decision of the Board may be appealed by either party to the Circuit Court under provisions of the Missouri Administrative Procedure Act, Chapter 536, RSMo.
M.
A copy of the decision shall be served by the Director on the petitioner and to every person who has appeared as a party in person or by counsel at the hearing. Service shall be in accordance with Section 217.120 of this Code. In addition, any person making written request therefor shall be sent a copy of the decision of the Board.
N.
Upon failure to comply with the terms and
conditions of any variances specified by the Board, the variance may
be revoked or modified by the Board, after a public hearing held in
accordance with the provisions set forth in this Section. Notice shall
be served upon the person to whom the variance was granted and all
persons who have filed with the Director a written request for notification.
O.
One hundred fifty dollars ($150.00) shall
accompany each request for variance, which shall be paid to the Director
for deposit with the County Treasurer.
[R.O. 1997 § 217.120; Ord. No. 1465 § 1, 1-14-2008]
A.
Service of any written notice required
by this Code shall be made in person or by registered or certified
mail directed to the petitioner, his/her agent or attorney of record
at the last known address, such service to be effective upon the date
of service shown on the postal return receipt in the event of service
by registered or certified mail.
B.
Service of any written notice required
by this Code to be made on the Board of Directors shall be by registered
or certified mail addressed to the Director of the Division of Environmental
Protection, 111 South Meramec, Clayton, Missouri 63105.
[R.O. 1997 § 217.130; Ord. No. 1465 § 1, 1-14-2008]
Information concerning secret processes
or production levels which may be required, ascertained or discovered
by the Director shall not be disclosed by the Director, except that
the information may be disclosed by the Director if he/she is subpoenaed
for the information or if in the course of a court proceeding or hearing
the information is relevant to the proceeding or hearing.
[R.O. 1997 § 217.140; Ord. No. 1465 § 1, 1-14-2008]
Any person who knowingly discloses any secret process or production level in violation of the provisions of Section 217.130 shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a term of one (1) year or by both such fine and imprisonment. Each disclosure shall constitute a separate offense.
[R.O. 1997 § 217.150; Ord. No. 1465 § 1, 1-14-2008]
The Director may, after public notice
and opportunity for public hearing, promulgate regulations pertaining
to the manner in which the measurement of sound pressure levels or
vibration levels shall be performed. In determining the procedures
to be used for the measurement of sound pressure levels or vibration
levels, said analysis shall employ a weighing scale on a sound level
meter of standard design and quality and in accordance with the standards
promulgated with the American National Standards Institute.
[R.O. 1997 § 217.160; Ord. No. 1465 § 1, 1-14-2008]
The Director shall enforce the provisions
of this Code.
[R.O. 1997 § 217.170; Ord. No. 1465 § 1, 1-14-2008]
The Director, upon presentation of
proper credentials, may enter at all reasonable times, upon any private
or public property for the purpose of inspecting and investigating
any condition or equipment he/she shall have cause to believe to be
a source of noise exceeding the maximum levels or source of vibration
exceeding the maximum level permitted by the provisions of this Code.
If entry is refused, the Director shall notify the County Counselor
of such fact and request that a warrant to search the premises believed
to be in violation be obtained from the appropriate Magistrate.
[R.O. 1997 § 217.180; Ord. No. 1465 § 1, 1-14-2008]
A.
Any person convicted of violating any provision
of this Code shall be punished by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment in the County Jail for a term
not to exceed one (1) year or both such fine and imprisonment.
B.
The County Counselor shall be empowered
to seek equitable relief in the Circuit Court to require the person
in violation of the provisions of this Code to comply with the standards
set forth in this Code.
C.
Each day upon which any violation of this
Code takes place shall constitute a separate offense.
[R.O. 1997 § 217.190; Ord. No. 1465 § 1, 1-14-2008]
This code shall be liberally construed
for the protection of health, safety and welfare of the people of
St. Louis County and the City of Wildwood.
[R.O. 1997 § 217.200; Ord. No. 1465 § 1, 1-14-2008]
Nothing herein contained shall be
deemed to amend or nullify any provision of any other ordinance of
St. Louis County, Missouri, and the City of Wildwood.
