As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
A.
A person commits the offense of peace disturbance if he or she:
1.
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise; or
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances which are likely to produce
an immediate violent response from a reasonable recipient; or
c.
Threatening to commit a felonious act against any person under
circumstances which are likely to cause a reasonable person to fear
that such threat may be carried out; or
d.
Fighting; or
e.
Creating a noxious and offensive odor.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the criminal laws of this State
or of the United States with force or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the criminal laws of this State or of the
United States with force or violence and thereafter, while still so
assembled, does violate any of said laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
[CC 1995 §200.080; Ord. No. 334 §1, 1998]
A.
CITY
dBA
DECIBEL (dB)
POINT OF ANNOYANCE
1.
2.
SOUND LEVEL METER
SOUND PRESSURE
VEHICULAR
Definitions. As
used in this Section, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning
is intended:
The City of Crystal Lake Park.
Decibels shown in a reading made on the dBA scale.
A unit for measuring the volume of a sound, equal to twenty
(20) times the reference pressure, which is twenty (20) micropascals
(twenty (20) micronewtons per square meter).
As to sounds emanating from a source on public or private property,
shall be a point one hundred fifty (150) feet in any direction from
the property line of the property from which the sound emanates.
As to sounds emanating from a source on a public or private
street, shall be a point fifty (50) feet from the point from which
the sound emanates.
An instrument used for measurement of the intensity of sound
and accurately calibrated in decibels. Readings shall be made on a
dBA scale.
The average rate at which sound energy is transmitted through
a unit area in a specified direction.
Pertaining to motor vehicles required to be registered with
the Department of Revenue for the State of Missouri.
B.
Restrictions.
1.
The making, creating or permitting of any unreasonably loud, disturbing
or unnecessary noise in the City is prohibited.
2.
The making, creating or permitting of any noise of such character,
intensity or duration as to be detrimental to the life, health or
welfare of any individual or which either steadily or intermittently
annoys, disturbs, injures or endangers the comfort, repose, peace
or safety of any individual is prohibited.
3.
The following standards shall apply:
a.
In residential zones, no person shall cause, suffer, allow or permit
sound from any source which, when measured at the point of annoyance,
C.
Enumerated Unnecessary Noises. Sounds from the following
sources, among others, are declared to be loud or disturbing or unnecessary
noises in violation of this Section even if the noises referred to
do not violate the standard noise level for the City:
1.
Horns, signal devices and the like.
a.
The sounding of any horn or signal device of any automobile, motorcycle,
bus or other vehicle while not in motion, except as a danger signal
that another vehicle is approaching apparently dangerously.
b.
The sounding of any horn or signaling device of any automobile, motorcycle,
bus or other vehicle:
(1)
After or as brakes are being applied and deceleration of the
vehicle is intended;
(2)
Before passing another vehicle as a signal of intent to so pass;
(3)
Where State motor vehicle Statutes require the sounding of such
horn or signal device; or
(4)
When otherwise necessary as a danger signal; is not prohibited.
c.
Wherever the sounding of any horn or signal device is permitted or
required, such sound shall not be unreasonably loud or harsh and shall
not be emitted for an unreasonable duration of time.
2.
Animals and birds. The keeping of any animal or
bird which, by causing frequent or long-continued sounds, disturbs
the comfort and repose of any person in the vicinity. "Frequent" shall mean issuance of such sound once in every five (5) minutes
and "long-continued" shall mean over a sixty (60)
minute period.
3.
Defect in vehicle or noisy load. The operation of
any automobile, motorcycle or other vehicle on any public or private
street so out of repair or loaded in such a manner as to create loud
or unnecessary grating, grinding, rattling or other noise.
4.
Steam whistles. The blowing of any steam whistle
attached to any stationary boiler, except to give notice of the time
to begin or stop work or as a warning of danger.
5.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor vehicle or motorcycle engine except through a muffler or other
device which meets the standards established for such devices by applicable
Missouri State laws and regulations.
6.
Mechanical devices operated by compressed air, unless the noise created
thereby is effectively muffled and reduced.
7.
The creation of a loud or excessive noise in connection with loading
or unloading any vehicle or the opening or destruction of bales, boxes,
crates and containers.
8.
The sounding of any bell, gong or device attached to any building
or premises, particularly during the hours between 11:00 P.M. and
7:00 A.M., which disturbs the quiet repose of any persons in the vicinity
of the devices. This rule shall not apply if the bell, gong or device
is sounded as a warning of danger.
9.
The unnecessary or prolonged blowing or sounding of any horn, whistle,
bell or other device attached to any motor vehicle, bus or truck while
passing through the City or while loading passengers or freight within
the City.
10.
The use of mechanical loudspeakers or amplifiers on trucks or other
vehicles for advertising or other commercial purposes or to produce
sound outside the vehicle for any purpose, except when a specific
permit has been issued by the City Administrator.
11.
Construction, demolition, repair, paving or alteration of buildings
or streets or excavation when conducted between the hours of 7:00
P.M. and 7:00 A.M. Monday through Friday (8:00 A.M. Saturday and 9:00
A.M. on Sundays and national holidays), except in emergencies or where
a specific permit has been issued by the City Administrator.
D.
Schools, Courts, Churches. The creation of any loud or excessive
noise on any street adjacent to any school, institution of learning,
church or court, while the same are in session, and which noise interferes
with the workings of such institutions is prohibited, but this restriction
shall be in force only if signs are displayed on such streets indicating
that the same is a school, church or court street or quiet zone.
E.
Non-Vehicular Noise Restrictions. No person shall use or
operate any facility, machine or instrument or produce or cause to
be produced any sound in the City, the sound-pressure level of which,
measured at the point of annoyance, shall exceed the standard noise
level of the City for that location for that time of day. In measuring
sounds to determine if the standard noise level of the City has been
exceeded, the measurement shall be measured on the A-weighting of
an accurate sound-level meter. The "background sound level" is defined as the sound level present when the offending noise source
is silenced.
F.
Vehicular Noise Restrictions. No person shall operate,
within the limits of the City, any vehicle which emits sounds which
exceed the standard noise level of the City established for that type
vehicle when used under ordinary circumstances. For non-commercial
vehicles, the standard maximum noise level in the City is hereby established
as follows:
|
|
Type of Vehicle
|
Maximum Noise Level
|
(dBA's)
|
|---|---|---|---|
|
|
Vehicles other than motorcycles
|
76
| |
|
|
Motorcycles
|
82
|
G.
Exemptions. The following are exempted from noise level
limits:
1.
Emergency construction, repair, paving, demolition or alteration
of a street or building. Permission of the City Administrator shall
be proof that such emergency exists, but this shall not be the exclusive
proof.
2.
Emergency activities of municipal, County, State or Federal Government
agencies and emergency activities of public utilities when they are
seeking to provide electricity, water or other public utility services
and the public health, safety or welfare are involved.
3.
Warning devices on authorized emergency vehicles and on vehicles
used for traffic safety purposes.
4.
Attendant on-site noise connected with the actual performance of
sporting events or with private social gatherings where music is provided
by a live band or orchestra or by recorded music provided by loudspeakers
where a specific permit for such social gathering has been issued
by the City Administrator. In regard to social gatherings, no more
than (4) such permits shall be issued to any one (1) residence address
in any one (1) calendar year and in no case shall the band or orchestra
play outdoors or the loudspeaker operate outdoors after the hour of
2:00 A.M.
5.
Power lawn mowers and leaf blowers when operated between the hours
of 8:00 A.M. (9:00 A.M. on Sundays) and 10:00 P.M.
6.
Snowblowers.
7.
Air-conditioners that increase the background or ambient sound level
by no more than five (5) dBA's.
H.
Sound Measurements. Sound measurements shall be made with
a sound-level meter.
I.
Prevailing Standards. Whenever any provision of this Section
conflicts with any other applicable municipal, County, State or Federal
ordinance or Statute, the higher standard shall prevail.
J.
Severability. The provisions of this Section are severable.
If any provision of this Section or its application to any person
or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Section which can be given
effect without the invalid provisions or applications.
K.
Complaints. Police Officers are empowered hereunder to write
complaints and issue and serve the same on persons violating this
Section with vehicles and other devices located on public or private
streets of the City. Police Officers are authorized to assist residents
of the City of Crystal Lake Park in making sound level measurements
for sounds emanating from public or private property other than streets
but any complaint attendant thereto must be made in writing on forms
provided by the City for that purpose and must be signed by a Crystal
Lake Park resident. Such written complaints shall thereafter be served
on the landowner or person in charge of the property from which the
sound is emanating and such complaint shall thereafter be disposed
of in the ordinary manner as other complaints in the Crystal Lake
Park Municipal Court.
L.
Nuisance, Injunction. Any violation of this Section is declared
to be a nuisance. In addition to any other relief provided by this
Section, the City Attorney may apply to a court of competent jurisdiction
for an injunction to prohibit the continuation of any violation of
this Section. Such application for relief may include seeking a temporary
restraining order, preliminary injunction and permanent injunction.
A.
For purposes of this Section, "house of worship" means any church,
synagogue, mosque, other building or structure, or public or private
place used for religious worship, religious instruction, or other
religious purpose.
B.
A person commits the offense of disrupting a house of worship if
such person:
1.
Intentionally and unreasonably disturbs, interrupts, or disquiets
any house of worship by using profane discourse, rude or indecent
behavior, or making noise either within the house of worship or so
near it as to disturb the order and solemnity of the worship services;
or
2.
Intentionally injures, intimidates, or interferes with or attempts
to injure, intimidate, or interfere with any person lawfully exercising
the right of religious freedom in or outside of a house of worship
or seeking access to a house of worship, whether by force, threat,
or physical obstruction.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of unlawful funeral protest if he or
she pickets or engages in other protest activities within three hundred
(300) feet of any residence, cemetery, funeral home, church, synagogue
or other establishment during or within one (1) hour before or one
(1) hour after the conducting of any actual funeral or burial service
at that place.
B.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following
terms mean:
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
