[R.O. 1991 § 205.2260; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
For the purpose of this Article,
the following items have the meaning 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." All terminology used in this Article, not
defined as follows, shall be in conformance with the American National
Standards Institute (ANSI) document: American National Acoustical
Terminology, ANSI S1.1 J-1960 (R1976) (withdrawn by ANSI in 1989 and
not replaced) or a later approved ANSI revision thereof.
A district that has been assigned a zoning designation of
"B-1," "B-2," "B-3," "B-4" or "I-1," "I-2" in accordance with the
Smithville Zoning Ordinance.
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.
Defined in Section 205.2210 of the Smithville Code of Ordinances.
One (1) or more times in every thirty-minute period for at
least four (4) out of five (5) successive periods.
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, barges,
amphibious craft, water ski towing devices and hovercraft.
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 a human.
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 designated to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place, which is 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.
A district that has been assigned a zoning designation of
District "A-1," "R-S," "R-1," "R-2," "R-3" in accordance to Smithville
Zoning Ordinance.
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.
[R.O. 1991 § 205.2270; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
A.
No person shall make, continue or cause to be made or continue, 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 205.2210 in the ordinances of the City of Smithville, 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 Article, 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.
Between the hours of 11:00 P.M. and
6:00 A.M. the 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 Smithville).
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.
Using or operating loudspeakers/public
address systems as follows:
a.
For any non-commercial purpose any
loudspeaker, public address system or similar device between the hours
of 11:00 P.M. and 6:00 A.M. the following day, such that the sound
therefrom creates a noise disturbance across a residential real property
boundary.
c.
Offering for sale anything by shouting
or outcry within any residential or commercial area of the City except
between the hours of 8:00 A.M. and 6:00 P.M.
d.
Owning, possession 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.
e.
Operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work:
(1)
Between the hours of
11:00 P.M. and 6:00 A.M. the following day, seven (7) days a week,
such that the sound therefrom creates a noise disturbance across a
residential real property boundary, except for emergency work or public
service utilities.
f.
Repairing, rebuilding, modifying
or testing any motor vehicle, motorcycle or motorboat in such a manner
as to cause a noise disturbance across a residential real property
boundary.
g.
Operating or in control of a motor
vehicle which is emitting an excessive level of noise or the playing
of electronic sound reproduction equipment attached to, within or
upon any such motor vehicle at a level of volume which represents
a distraction to the drive of said motor vehicle or a disturbance
to passerby.
h.
Operating a motor vehicle in a manner
that the sound therefrom is plainly audible at a distance of fifty
(50) feet from such motor vehicle shall be prima facie evidence of
a violation of this Section although such proof shall not be a prerequisite
to conviction of this ordinance.
i.
Operating or permitting the operation
of power model vehicles so as to create a noise disturbance across
a residential real property boundary or in a public space between
the hours of 11:00 P.M. and 6:00 A.M. the following day.
j.
Operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder, lawn or garden
tool, snowblower or similar device used outdoors in residential area
between the hours of 11:00 P.M. and 6:00 A.M. the following day so
to cause a noise disturbance across a residential real property boundary.
[R.O. 1991 § 205.2280; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
Any person violating any of the provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof may be punished as set out in Section 100.220. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[R.O. 1991 § 205.2290; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
Violations of this Article shall
be prosecuted in the same manner as other violations of the Code of
Ordinances for the City of Smithville, Missouri.
[R.O. 1991 § 205.2300; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
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 resident in the area shall be
deemed, and is declared to be a public nuisance and may be subject
to abatement summarily be a restraining order or injunction issued
by the Circuit Court of Clay County, Missouri, or other courts of
competent jurisdiction.
[R.O. 1991 § 205.2310; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
No provision of this Article 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 this Article or from other law.
[R.O. 1991 § 205.2320; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
No officer, agent or employee of
the City of Smithville shall render himself or herself personally
liable for any damage that may occur to person or property as a result
of any act required or permitted in the discharge of his or her duties
under this Article.
[R.O. 1991 § 205.2330; Ord. No. 2213-03, 9-16-2003; Ord. No. 2959-16, 12-20-2016]
If any Section, Subsection, sentence,
clause, phrase or portion of this Article is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
hereof.
