[Ord. No. 86-2, Sec. 1]
That from and after the passage of this ordinance, any unreasonably
loud, disturbing and unnecessary noise within the City limits of the
City of Lincoln, Arkansas, is prohibited. The noise of such character,
intensity or duration as to be detrimental to the life or health of
any individual or in the disturbance of the public peace or welfare
is prohibited.
[Ord. No. 86-2, Sec. 2]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises and noises in violation of this chapter, but
this enumeration shall not be deemed to be exclusive; namely:
A. The maintenance and operation of an outside loud speaker or public
address system transmitting music, advertising or speaking is prohibited
except upon permit issued by a person designated to so issue permits
by the City Council; and notwithstanding said permit, any such loud
speaker or public address system shall not be operated in such a manner
or at such volume as to annoy or disturb the quiet, comfort or repose
of persons in any office, hospital, dwelling house, hotel, tourist
court or other type of residence, or of any person or persons in the
vicinity.
B. The keeping of any animal, bird, fowl which by causing frequent or
long continued noise shall disturb the comfort or repose of any person
in the vicinity.
C. The playing of any radio, phonograph or any musical instrument in
such a manner or at such volume as to annoy or disturb the quite,
comfort, or repose of persons in any office, hospital, dwelling house,
hotel, tourist court, or other type of residence, or of any person
in the vicinity.
D. The sounding of any horn or signal devise on any automobile, bus
or other vehicle while not in motion, except as a danger signal if
another vehicle is approaching apparently out of control, or if in
motion only as a danger signal after or as brakes are being applied
and deceleration of the vehicle is intended; the creation by means
of any such signal device of any unreasonably loud or harsh sound,
and the sounding of such device for an unnecessary and unreasonable
period of time.
E. Yelling, shouting, hooting, whistling or singing, or unnecessary
use of noise-making devices on the public streets, part-time or place
so as to annoy or disturb the quiet, comfort or repose of persons
in any office, hospital, dwelling house, hotel, tourist court, or
other type of residence, or of any persons in the vicinity.
F. The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while the same are
in session or adjacent to any hospital, which unreasonably interfered
with the working of the sessions thereof.
G. The use of any drum, loud speaker, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, shows, sale or display of merchandise shall by only by permit as set forth in Subsection
A above, and shall be subject to the same limitations, violations and penalties as therein provided, and at no time shall the noise thereby created be in such a manner and such volume as to annoy or disturb the comfort or repose of persons in any office, hospital, dwelling house, hotel, tourist court or other type of residence, or any persons in the vicinity.
[Ord. No. 86-2, Sec. 3]
None of the terms or prohibitions hereof shall apply to or be
enforced against:
A. Necessary warning signals given by police cars, fire trucks, voluntary
firemen or licensed physicians while such persons are answering an
emergency call.
B. The reasonable use of amplifiers or loud speakers in the course of
public addresses which are non-commercial in nature.
[Ord. No. 86-2, Sec. 4]
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of a misdemeanor, and upon conviction,
shall be fined not less than $10 and not more than $50 for each offense.
[Ord. No. 86-2, Sec. 5]
Permits for the operation, maintenance and use of amplifiers or loud speakers as hereinabove set forth in §
7.40.02 shall be issued for the said amplifiers, loud speakers or public address systems to be operated only between the hours of 8:00 a.m. and 8:00 p.m. daily. Permits will be issued for operations at other hours, such permits to be special permits and for special occasions.