A.
The
making or creation of excessive, unnecessary or unusually loud noises
within the City of Monett is found and determined to be a detriment
to the public health, comfort, convenience, safety and welfare.
B.
It
is further found and determined that it is in the best interest of
the public that the following provisions be enacted to secure and
promote public health, comfort, convenience, safety and welfare and
to secure and promote the peace and quiet of the City of Monett and
its inhabitants.
C.
The
creation of any excessive, unnecessary or unusually loud noise in
the City of Monett is prohibited.
D.
The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Section, but this enumeration
shall not be deemed to be exclusive:
1.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
while not in motion on a public street or highway, except as a danger
signal; or, if in motion, the excessive or prolonged sounding of any
horn or signaling device except as a danger signal.
2.
Sound amplification systems within dwellings and yards. The playing, use or operation of any radio, phonograph, musical
instrument or other machine or device for the production, reproduction
or other amplification of sound within a dwelling place or lot upon
which the same is situated, in such a manner as to disturb the peace,
quiet, comfort or repose of reasonable persons in any other dwelling
place. The operation of any such device in such a manner as to be
audible at a distance of thirty (30) feet from the device or within
any other residence or place of business shall be prima facie evidence
of a violation of this Section. For purposes of this Section "dwelling place" shall mean a house, apartment, mobile home
or other structure which is used as a residence.
3.
Sound amplification systems other than in dwelling places.
a.
Operating or permitting the operation of any sound amplification
system owned or controlled by the person charged, outside a dwelling
place, so that the sound is plainly audible:
b.
"Sound amplification system" means any radio, tape
player, compact disc player, loud speaker or other electronic or mechanical
device used for the production or amplification of sound.
c.
"Plainly audible" means any sound produced by a
sound amplification system which clearly can be heard at a distance
of thirty (30) feet. Measurement standards shall be by the auditory
senses, based upon direct line of sight. Words or phrases need not
be discernible and base reverberations are included.
d.
"Audible" means any sound produced by a sound amplification
system which can be heard by the human ear.
e.
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 require medical or vehicular
assistance or to warn of a hazardous road condition;
(2)
The system was a bell, carillon or similar device used by a
school or religious establishment, which is also not a dwelling place,
for the purpose of signaling church services or the passage of time;
(3)
The sound was produced by an emergency or public safety vehicle;
(4)
The system was owned and operated by the City of Monett, Missouri,
or a gas, electric, communications or solid waste company;
(5)
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 of Monett, Missouri, relating to permits for public events;
(6)
The system was used in authorized public activities, such as
parades, fireworks, sports events, musical productions and other activities
which have the approval of the department of the City authorized to
grant such approval.
E.
Nothing in Chapter 215 shall prohibit the generation of a level of sound which a reasonable person would consider normal and expectable for the location, and conducted in a manner consistent with the otherwise permitted uses in the zoning district from which the sound emanates.
[Ord. No. 8524 § 1, 6-20-2017]
A.
It
shall be an ordinance violation within the City limits of the City
of Monett, Missouri, to:
1.
Engage in the practice commonly known as "Jake Braking. ""Jake Braking" is defined as reducing or attempting to reduce
the speed of a vehicle by shifting the transmission from a higher
to a lower gear, unless required by emergency, when such act could
be reasonably foreseen to result, and does result, in a substantial
increase, audible to the ear, in the noise level of the engine or
exhaust system of the vehicle.
2.
Engage in shifting the transmission of a moving vehicle from a higher
to a lower gear for any purpose other than emergency stopping, when
such act could be reasonably foreseen to result, and does result,
in a substantial increase, audible to the ear, in the noise level
of the engine or exhaust system of the vehicle.
[1]
Editor’s Note: Former Section 215.2290, Begging, was
repealed 1-20-2017 by § 1 of Ord. No. 8499.
Except in the Park Casino and the Public Golf Course, it shall
be unlawful for any person to drink intoxicating liquor of any kind,
in any quantity, upon any street, avenue, alley, sidewalk, public
park or any other public place within the City. Any person violating
this Section shall be deemed guilty of an ordinance violation.
Every person who shall expectorate or spit tobacco juice, saliva
or phlegm upon any of the sidewalks of the City, in the corridors
or on the stairs of any public building or on the platform or floor
of any public conveyance in the City shall be deemed guilty of an
ordinance violation.
