[R.O. 2001 § 210.160; CC 1990 § 12-76;
Code 1977 §§ 17.110, 17.140; Ord. No.
91-6 § 4, 3-5-1991; Ord. No. 06-19 §§ 1-2, 11-7-2006; Ord. No. 18-08, 11-6-2018]
A.
As used in this Article, the following
terms mean:
LOUD NOISE
The following acts are not allowed during the hours as listed
below, but said enumeration shall not be deemed to be exclusive:
1.
The erection (including excavating), demolition, alteration,
or repair of any building or structure between the hours of 8:30 P.M.
and 6:00 A.M. unless the entity performing said acts shall have received
a special work permit authorizing the work during said hours conditioned
upon compliance with the other provisions of this Article and provided
no complaints about the work are filed with the City. The special
work permit will be good for fourteen (14) days and may be renewed
for like periods. The City will investigate any complaints and if
it is determined that the public or any member of the public is hurt,
injured, annoyed, inconvenienced or damaged by said acts, the Building
Commissioner shall re-call the special work permit unless the entity
holding said permit can provide that it is a case of urgent necessity
in the interest of public safety.
2.
The playing in the open air of tennis, badminton, horse shoes,
baseball, or other outdoor games within one hundred (100) feet of
any residence or building used or occupied for private family residential
purposes between the hours of 12:00 Midnight and 8:00 A.M.
3.
The playing of any radio, phonograph, musical instrument, drum,
orchestra, loudspeaker or other device in such a manner or with such
volume, particularly between the hours of 12:00 Midnight and 8:00
A.M. as to tend to annoy or disturb the quiet or repose of persons
in any dwelling or residence; provided, any such noise which can be
distinctly heard at a distance of more than one hundred (100) feet
from its source shall be deemed excessive.
4.
The creation of any excessive or unnecessary noise within two
hundred (200) feet of any portion of grounds or premises on which
is located a hospital or other institution reserved for the sick,
or any church or school or other institution of learning or court
or other public building, library and the like, while the same are
open or in session which unreasonably interferes with the proper functioning
of any such place above mentioned, provided conspicuous signs are
placed in the public highways indicating quiet zones within which
such noises are prohibited. In cases of emergency or urgent necessity,
a permit may be issued by the City Building Commissioner for such
noises within such zones for limited periods during the existence
of such emergency.
NOXIOUS AND OFFENSIVE ODOR
Air contaminant and air pollution as defined in Section 643.020,
RSMo., but said definitions shall not be deemed to be exclusive.
PRIVATE PROPERTY
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
PUBLIC PLACE
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
B. Peace
Disturbance. 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 (see noise level standards in Section
210.670); 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;
e.
Creating a noxious and offensive odor.
2.
Is in a public place or on private property of another without
consent and purposely causes inconvenience to another person or persons
by unreasonably and physically obstructing:
a.
Vehicular or pedestrian traffic; or
b.
The free ingress or egress to or from a public or private place.
[Ord. No. 18-08, 11-6-2018]
A. Noise Level Standards. Sound in excess of the noise level standards
of the St. Louis County, Missouri, noise control code as presently
adopted and hereafter amended as Chapter 625 of the St. Louis County
code is hereby adopted as the Clarkson Valley noise control code with
the following deletions or additions:
1.
Section 625.020(4) and (6) are deleted.
2.
Section 625.020(9) is deleted and will read as follows: (9)
Daylight hours: 6:00 A.M. to 12:00 Midnight, prevailing local time.
3.
Section 625.020 (10) is deleted and will read as follows: (10)
Director: The Mayor of Clarkson Valley and its Building Commissioner.
4.
Section 625.020(14) and (16) are deleted.
5.
Section 625.020(18) is deleted and will read as follows: (18)
Nighttime hours: 12:00 Midnight to 6:00 A.M. prevailing local time.
6.
Section 625.050 - Permissible Noise Levels - Standards - is
deleted and will read as follows:
625.050 - Permissible Noise Levels — Standards.
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1.
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No person shall operate or permit to be operated any stationary noise source which emits noise in such a manner that the level of the noise emitted, when measured at any point outside the boundary of the property upon which the stationary noise source is located using the slow meter characteristic and the A-weighting network of the sound level meter, exceeds the levels set forth in Table I below or exceeds the limit set forth in Section 210.660(B)(1). When the noise emitted is measured upon property which is located in a different land use category than the property upon which the stationary noise source is located, the levels applicable to the property where the noise emitted is measured shall be used to determine if a violation exists. If more than one (1) use exists on the property where the noise emitted is measured such that more than one (1) land use category would be applicable to the property, then the levels set forth in the least restrictive applicable land use category of Table I shall be used to determine if a violation exists.
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2.
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If the stationary noise source emits noise containing a discrete
tone, the permissible levels shall be 5 dB lower than the applicable
levels of Table I.
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3.
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If the stationary noise source emits impulsive noise, the levels
of Table I shall be lowered by 5 dB. A violation of this Code shall
exist if the level of the impulsive noise emitted exceeds the applicable
levels of Table I, as modified by this Subsection, when the measurement
is made using the fast meter characteristic and the A-weighting network
of the sound level meter.
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4.
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In the event the stationary noise source emits impulsive noise
containing a discrete tone, the modifications of Table I herein shall
be cumulative.
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5.
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If the ambient noise level exceeds the level of the noise emitted
from the stationary noise source for one (1) or more periods of time
during the period of measurement, then for any such period of time
the level of the noise emitted from the stationary noise source shall
be deemed to be lower than the level which is permitted for sixty
(60) minutes during the period of measurement in the applicable land
use category and for the applicable time of day.
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6.
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If, during the period of measurement, noise shall be emitted
from a stationary noise source for periods of time at two (2) or more
different levels, a violation of this Code shall exist if the sum
of the following fractions C1/T1 + C2/T2 + . . . Cn/Tn exceeds the
unit number 1. For purposes of this calculation, Cn shall equal the
actual time period that noise is emitted at each measured noise level
and Tn shall equal the period of time that noise is permitted under
Table I to be emitted at each measured noise level. Provided, however,
if: (1) the ambient noise level exceeds the level of noise emitted
from the stationary noise source for one (1) or more periods of time
during the period of measurement; or (2) the level of the noise emitted
from the stationary noise source is lower than the level of noise
which is permitted in Table I for sixty (60) minutes during the period
of measurement in the applicable land use category and for the applicable
time of day for one (1) or more periods of time during the period
of measurement, then for the purpose of the calculation set forth
in this subsection, for each such period of time, the term Cn shall
be deemed to be zero (0) and the fraction Cn/Tn shall be zero (0).
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Table I
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A. Residential Land Use Category
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Daytime Hours
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Tn*
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[dB(A)]**
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60
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55 or less
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30
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56 – 58
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15
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59 – 61
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8
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62 – 64
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4
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65 – 67
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2
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68 – 70
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0
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71 or greater
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Nighttime Hours
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60
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50 or less
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30
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51 – 53
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15
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54 – 56
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8
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57 – 59
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4
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60 – 62
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2
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63 – 65
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0
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66 or greater
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*
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Total Duration of Time Noise To Be Emitted From Noise Source
During Period of Measurement (Minutes).
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**
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A-Weighted Sound Pressure Level.
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7.
625.060 - Vibration Standards - is deleted and will read as
follows: No person shall cause or allow any operation nor engage in
any activity causing vibrations to be generated which are greater
than the perception threshold at any point outside of the boundary
of the property where the source of the vibrations is located; provided,
however, vibrations caused by blasting operations conducted in accordance
with the requirements of Chapter 711, SLCRO 1974, as amended, and
Clarkson Valley Ord. No. 03-14, as amended, The Explosives Code, shall
not be subject to the provisions of this Section.
8.
Section 625.070 is deleted and shall now read as follows:
625.070 - Exceptions. —
To the extent provided in this Section, the provisions of this
Chapter shall not apply to:
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1.
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The operation of construction devices, with sound control devices
equivalent to or better than the original equipment, used in construction
activities during daytime hours.
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2.
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Emergency work to repair or maintain private utility facilities.
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3.
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Emergency work to repair equipment or facilities damaged or
rendered inoperable as a direct result of unavoidable upset conditions
providing such occurrence is reported to the Director within twenty-four
(24) hours after the occurrence.
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4.
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The operation of motor vehicles on a vehicular way with such
control devices equivalent to or better than the original equipment.
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5.
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The necessary operation of emergency signal devices.
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6.
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Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line. In addition, electric power distribution transformers shall not be subject to the provisions of Section 210.660(B)(1).
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7.
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The operation of lawn care maintenance equipment with sound
control devices equivalent to or better than original equipment from
6:00 A.M., prevailing local time to sunset.
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9.
Section 625.080 - Notice of Violation - is deleted and will
read as follows:
Section 625.080 - Notice of Violation
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Whenever the Director determines that a violation of any provision
of this Code exists, he or she shall issue a written notification
to the person responsible for the alleged violation. The notification
shall set forth the nature of the violation and shall direct that
the violation must be abated within the time period specified by the
Director, which time period shall not exceed fourteen (14) days from
the date the notice is sent.
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10.
Sections 625.090, 625.100, 625.110, 625.120, 625.130, 625.140,
625.150, 625.170, 625.180, 625.190, and 625.200 are deleted.
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.
[R.O. 2001 § 210.240; CC 1990 § 12-81; Ord. No. 92-11 § 2, 6-2-1992]
No person shall disturb any lawful assembly, either public or
private, by making a noise, or by rude or indecent behavior or profane
discourses within such assembly or so near the same as to disturb
the order or solemnity of the meeting.