[Ord. No. 789, 8-3-2000]
This Chapter may be cited as the "Noise Control Chapter of the
City of Lake Tapawingo" and it shall apply to the control of noise
and sound originating within the limits of the City of Lake Tapawingo.
[Ord. No. 789, 8-3-2000]
For the purposes of this Chapter, the following items have the
meanings ascribed to them as hereinafter defined unless where otherwise
expressly stated or where the context clearly defines a different
meaning. Words used in the present tense include the future, words
in the singular include the plural and words in the plural include
the singular; the words "shall" or "must" are mandatory; and the term
"used for" includes the meaning "designated for" or "intended for".
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 property damage threatened or caused by an
emergency.
See Section 210.070 of City Ordinances.
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, amphibious
craft and water-skiing devices.
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 human being
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 landborne 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, highway, sidewalk, 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 (1) person
from that owned by another person, but not including intra-building
real property divisions.
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. 789, 8-3-2000]
A.
No
person operating or occupying a motor vehicle on a street, highway,
alley, parking lot or driveway twenty-four (24) hours a day, seven
(7) days a week shall operate or permit the operation of any sound
amplification system from within the vehicle so that the sound is
plainly audible at a distance of fifty (50) or more feet from the
vehicle.
B.
Sound
amplification system means any radio, tape player, compact disc player,
loud speaker or other electronic device used for the amplification
of sound.
C.
Plainly
audible means any sound produced by a sound amplification system from
within the vehicle which clearly can be heard at a distance of fifty
(50) feet or more. Measurement standards shall be by the auditory
senses based upon direct line of sight. Words or phrases need not
be discernible and bass reverberations are included. The motor vehicle
may be stopped, standing, parked or moving on a street, highway, alley,
parking lot or driveway.
D.
It
is an affirmative defense to a charge under this Section that the
operator was not otherwise prohibited by law from operating the sound
amplification system and that any of the following apply:
1.
The system was being operated to request medical or vehicular assistance
or to warn of a hazardous road condition;
2.
The vehicle was an emergency or public safety vehicle;
3.
The vehicle was owned and operated by the City, or a gas, electric,
communications or refuse company;
4.
The system was used for the purpose of giving instructions, directions,
talks, addresses, lectures or transmitting music to any persons or
assemblages of persons in compliance with ordinances of the City;
or
5.
The vehicle was used in authorized public activities such as parades,
fireworks, sport events, musical productions and other activities
which have the approval of the department of the City authorized to
grant such approval.
6.
This Section shall not apply to activities sponsored by public or
private schools, churches or the City.
[Ord. No. 789, 8-3-2000; Ord. No. 1005, 10-1-2020]
A.
No person shall make, continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way and fireworks set off in compliance with Section 210.070 of the City 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 Chapter, 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, drum, musical instrument, sound amplifier
or similar device which produces, reproduces or amplifies sound:
a.
In such a manner as to create a noise disturbance across a real property
boundary (except for activities open to the public and for which a
permit or license has been issued by the City of Lake Tapawingo).
b.
In such a manner as to create a noise disturbance at fifty (50) feet
(fifteen (15) meters) 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.
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 a noise disturbance across a residential real
property boundary.
3.
Operating or permitting the operation of any tools or equipment used
in construction, drilling or demolition work:
a.
Outside of the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday,
and 9:00 a.m. and 6:00 p.m., Saturday and Sunday, such that the sound
therefrom creates a noise disturbance across a residential real property
boundary, 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.
5.
Operating or permitting the operation of powered model vehicles so
as to create a noise disturbance across a residential real property
boundary or in a public space.
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 10:00
P.M. and 7:00 A.M. the following day so as to cause a noise disturbance
across a residential real property boundary.
[Ord. No. 789, 8-3-2000; Ord. No. 899 §6, 8-18-2010]
Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to the general penalty provisions contained in Section 100.040.
[Ord. No. 789, 8-3-2000]
Violations of this Chapter shall be prosecuted in the same manner
as other violations of the City's Code.
[Ord. No. 789, 8-3-2000]
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitiveness 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 summarily
by a restraining order or injunction issued by the Circuit Court of
Jackson County, Missouri, or other courts of competent jurisdiction.
[Ord. No. 789, 8-3-2000]
No provision of this Chapter shall be construed to impair any
common law or statutory cause of action, or legal remedy therefrom,
of any person for injury or damage arising from any violation of the
Chapter or from other law.
[Ord. No. 789, 8-3-2000]
No officer, agent or employee of the City of Lake Tapawingo
shall render himself/herself personally liable for any damage that
may occur to a person or property as a result of any act required
or permitted in the discharge of his or her duties under this Chapter.
