[Ord. No. 470 §1, 4-8-2005]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A political subdivision, governmental agency, public or private
school, college or university.
A district that has been assigned a zoning designation of
"C" in accordance with the Code of the City of Rogersville.
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.
Any sound which:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
One (1) or more times in every thirty (30) minute period
for at least four (4) out of five (5) successive periods.
Every vehicle which operates on land other than a motorcycle.
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 person or
which causes or tends to cause an adverse psychological or physiological
effect on humans.
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.
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.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
A district that has been assigned a zoning designation of
District "R" in accordance with the Code of the City of Rogersville.
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.
A radio, television, tape recorder, phonograph, musical instrument
or any other similar sound-producing instrument or device.
[Ord. No. 470 §2, 4-8-2005]
A.
The
creating of any unreasonably loud and disturbing noise within the
City is hereby prohibited. Noise of such character, intensity or duration
as to threaten actual or imminent interference with peace or good
order or to be detrimental to the life or health of any individual
or disturbance of the public peace and welfare is prohibited.
B.
It
shall be unlawful to permit persons to assemble in or about a person's
home or property owned by or under the person's control or a place
of business and to permit such persons to make loud noises as prohibited
by this Article or any other ordinance or State Statute to the disturbance
of a person(s) or neighborhood.
[Ord. No. 470 §3, 4-8-2005]
A.
The
following acts, among others, are declared to be loud and disturbing
noises and constitute violations of this Article, but this enumeration
shall not be deemed to be exclusive:
1.
Animal and fowl noises. The keeping of any animal,
bird or fowl which, by causing frequent or long continued noise, shall
disturb the comfort or repose of any person in the vicinity.
2.
Radios, phonographs and musical instruments.
a.
Generally. No person shall play any radio, phonograph
or musical instrument in such a manner or with such volume as to annoy
or disturb the quiet, comfort or repose of persons in any office,
hospital, dwelling, hotel or other type of residence or of any person
in the vicinity.
b.
Playing at night. No person shall play or cause
to be played any musical instrument or device producing musical sound
between the hours of 1:30 A.M. and 6:00 A.M., provided however, this
Subsection shall not apply to musical instruments being played in
churches as a part of regular church entertainment, social entertainment
in private homes or entertainment in public buildings where an admission
fee is charged therefor or being played in any enclosed structure
located at a greater distance than two hundred (200) feet from any
dwelling, hotel, tourist court, hospital, rest home or sanitarium.
c.
Noise emanating from private property in residential area. No person shall play a sound-producing device in a residential area
between the hours of 11:00 P.M. and 7:00 A.M., whether inside or outside
of a building, or from a motor vehicle, in a manner or with such volume
so as to emit noise which can be heard beyond the property line of
the property on which the sound-producing device is located; provided
however, this Subsection shall not apply to the playing of a sound-producing
device by an agency if the sound-producing device is being played
at an event or activity which is authorized or sponsored by such agency
on property owned or under the control of such agency.
d.
Noise emanating from motor vehicle on street in residential
area. No person shall permit noise to be emitted from a motor
vehicle located on a public street or other public right-of-way by
the playing of a sound-producing device between the hours of 11:00
P.M. and 7:00 A.M. in a residential area, when the noise from such
device can be heard on property other than the street or other public
right-of-way; provided however, this Subsection shall not apply to
the playing of a radio or other similar sound-producing device when
the radio is being used by a governmental agency in the performance
of its work.
3.
Loudspeakers and amplifiers. The use of mechanical
loudspeakers or amplifiers on either moving or standing vehicles for
advertising, singing, public speaking or other purposes in a commercial
area of the City; and the use of any musical instrument, loudspeaker
or other noisemaking device for the purpose of attracting attention
to any performance, show, sale or display of merchandise, or for any
other purpose in a commercial area, or in a residential area between
the hours of 9:00 P.M. and 8:00 A.M., except parades authorized by
a permit by an authorized City Official; provided that all conveyances
carrying and operating such devices in a residential area in accordance
with this Subsection shall keep moving at a speed of at least eight
(8) miles per hour. However, this Subsection shall not apply to the
reasonable use of amplifiers in the course of public addresses which
are non-commercial in character and when such use is outside the public
districts, as defined under the definitions of commercial area, or
any activity for which a permit has been issued by an authorized City
Official.
4.
Excessive noise in vicinity of schools, churches or hospitals. The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while it is in session
which unreasonably interferes with the workings or sessions thereof
or the creation of any excessive noise on any street adjacent to any
hospital.
5.
Loading and unloading merchandise. The creation
of loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
6.
Construction in residential areas. The construction,
erection (including excavating), demolition, alteration or repair
of any building and the excavation of streets and highways in any
residential area or section, other than between the hours of 7:00
A.M. and one-half (½) hour before sunset, except in case of
urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Inspector, which permit
may be granted for a period not to exceed thirty (30) days while the
emergency continues. If the Building Inspector should determine that
the public health and safety will not be impaired by the construction,
erection, demolition, alteration or repair of any building or the
excavation of streets and highways between the hours of one-half (½)
hour before sunset and 7:00 A.M., and if he shall further determine
that loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done between the hours
of one-half (½) hour before sunset and 7:00 A.M., upon application
being made at the time the permit for the work is awarded or during
the progress of the work; provided however, this Subsection shall
not apply to excavations or repairs of bridges, streets or highways
by or on behalf of the City, the County or the State during the nighttime
when the public welfare and convenience renders it impracticable to
perform such work during the day.
7.
Yelling, shouting, whistling, etc. Yelling, shouting,
hooting, whistling or singing on the public streets at any time or
place so as to annoy or disturb the quiet, comfort or repose of persons
in the vicinity, both in residential and commercial areas. No person
shall yell, shout, chant, hoot, whistle or sing on private property
or on a public street or other right-of-way in a residential area
between the hours of 11:00 P.M. and 7:00 A.M. in a manner so as to
emit noise which is unreasonably loud and unnecessary; provided however,
this provision shall not apply if the yelling, hooting, shouting,
chanting, whistling or singing occurs on private property under the
ownership or control of the person making or permitting such noise,
or on a public street or other right-of-way, and, provided further,
that such noise does not leave the property or public street or other
right-of-way or the noise occurs on property owned or used by an agency
at an event or activity which is sponsored or authorized by such agency.
8.
Horns or signaling devices. The sounding of any
horn or signal device on any automobile, motorcycle, bus or other
vehicle for a prolonged, unnecessary and unreasonable period of time.
9.
Steam whistles. The unreasonable and unnecessary
and prolonged blowing of any steam whistle.
10.
Noisy vehicles. The use of any automobile, motorcycle
or other vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other
noise.
11.
Engine exhausts. The discharge into the open air
of the exhaust of any steam engine, stationary internal combustion
engine, motor vehicle or motorboat engine, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
12.
Loud sound amplification systems.
a.
No person operating or occupying a motor vehicle on a street, highway,
alley, parking lot or driveway 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.
For purposes of this Subsection, the term "sound amplification
system" means any radio, tape player, compact disc player,
loudspeaker or other electronic device used for the amplification
of sound.
c.
For purposes of this Subsection, the term "plainly audible" means any sound, including bass reverberations, 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. 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 Subsection 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 or lectures or transmitting music to
any persons or assemblages of persons in compliance with ordinances
of the City.
(5)
The vehicle 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.
B.
Any
ambulance, any officer of the law while engaged in necessary public
business or any vehicle of the City while engaged in necessary public
business shall be excepted from the terms and prohibitions contained
in this Section.
C.
Any
person may apply to the City of Rogersville for a permit excepting
them or any event sponsored by them from the terms and prohibitions
contained in this Section for a specific and limited period of time.
Such permit shall be issued by an authorized City Official, shall
set forth the time period in which such person is excepted from the
terms and prohibitions contained in this Section and such permit shall
remain in the possession of such person or at the site of such event
during the effective time period of such permit.
[Ord. No. 470 §4, 4-8-2005]
A person commits the crime of peace disturbance if he is determined
to be in violation of this Article.
