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Home My Public Portal AboutORD12573 l BILL NO. 96-130 PASSED AS AMENDED +! �... McDowell SPONSORED BY COUNCILMAN ii ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 (NUTS_ANCES)OF THE CODE OF THE CITY OF JEFFERSON,MISSOURI, BY THE ADDITION OE 7ANLW ARTICLE VII PERTAINING TO THE PROHIBITION OF UNNECESSARY NOIS . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 21 (Nuisances)of the Code f the(eissary Nose),which shall is hereby amended by the addition of a new Article VII ( + read as follows: ARTICLE VII. UNNECESSARY NOISE Sec.21-110.Nuisance declaration. It is found and declared that: j A. The making and creation of excessive,unnecessary or unusually loud noises within the limits of the City of Jefferson is a condition which has existed for some time and the extent and volume of such noises is increasing; ly B. The making,creation or maintenance of such excessive,unnecessary r u and use loud noises which are prolonged,unusual and unnatural in their time,place { affect and are a detriment to public health,comfort,convenience,safety,welfare and prosperity and the peace and quiet of the City of Jefferson and its inhabitants. C. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted,is declared as a matter of legislative determination and public prohibitions hereinafter policy,and it is further declared that the provisions and contained and enacted are in pursuance of and for the purpose of securing and promoting the public health,comfort,convenience,safety,welfare and prosperity and the City of Jefferson and its inhabitants. the peace and quiet of It shall be unlawful for any person to make,continue, or cause to be made or ` continued any excessive,unnecessary,raucous,or unusually loud noise which terms shall mean any sound which,because of its volume level,duration and character,annoys,disturbs,injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary I sensibilities within the limits of the city.The term includes the kinds of noise generated by the activities enumerated in section 3.The terms shall be limited to noise heard upon the public streets,in any public park,in any school or public building or upon the grounds thereof trine in use,in any church or hospital or upon the grounds thereof while in use,upon any parking lot open to members of the public as invitees or licensees,or in any occupied residential unit i. V k . Bill 96-130/Page I of 4 T i i i r which is not the source of the noise or upon the grounds thereof,and in any evant from a /) location not less than fifty(50)feet from the source of the noise,measured in a straight line from the radio,loudspeaker,motor,horn or other noise source. t Sec.21-111. Noises prohibited-unnecessary noise standard. The following acts,among others,are declared to be loud,disturbing,and unnecessary noises in violation of this ordinance,but said enumeration shall not be deemed to be exclusive, namely: - ,+ A. horns,Sir_nalina Devices,etc.-The sounding of any horn or signaling device on any automobile,motorcycle,street car or other vehicle on any street or public place of the city,except as a danger warning,the creation by means of any such signaling device for an unnecessary and unreasonable period of time.The use of any signaling device except one operated by hand or electricity;the use of any horn,whistle or other device operated by engine exhaust,and the use of any such signaling device when traffic is for any reason held up, B. Radios,Phonoeraphs,etc.-The using,operating,or permitting to be played,used or operated any radio receiving set,musical instrument,phonograph,or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace,quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room,vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph,machine or device between the hours of eleven(11)o'clock P.M.and f} seven(7)o'clock A.M.in such a manner as to be plainly audible at a distance of fifty (50)feet from the building,structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. C. loud Speakers,Amplifiers for Advertisine-The using,operating or permitting to be played,used,or operated of any radio receiving set,musical instrument,phonograph, loudspeaker,sound amplifier, or other machine or device for the producing or reproducing of sound which is case upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. I D. Yelline,Shoutine,etc.-Yelling,shouting,hooting,whistling,or singing on the public streets,particularly between the hours of 11 P.M.and 7 A.M.or at any time or place so as to annoy or disturb the quiet,comfort,or repose of persons in any office,or in ' any dwelling,hotel or other type of residence,or of any persons in the vicinity. E. Animals,Birds,etc.-The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. F. Steam Whistles- The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger,or upon request of proper city authorities. G. Exhausts- The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine,motor boat,or motor vehicle except through Bill 96-130/Page 2 of 4 1 a muffler or other device which will effectively prevent loud or explosive noises therefrom. H. Defect in Vehicle or Load-The use of any automobile,motorcycle,or vehicle so out ! of repair,so loaded or in such manner as to create loud and unnecessary grating, grinding,rattling or other noise. i. Loadinr_,Unloadin •Openin Boxes-The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales,boxes,crates,and containers. J. Schools,Courts,Churches Ilotpitals-The creation of any excessive noise on any . street adjacent to any school,institution of learning,church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the f workings of such institution,or which disturbs or unduly annoys patients in the III hospital,provided conspicuous signs are displayed in such streets indicating that the same is a school,hospital,or court street. K. Hawkers,Peddlers-The shouting and crying of peddlers,hawkers and vendors which disturbs the peace and quiet and of the neighborhood. L. Drums-The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to an performance,show or sale. I . M. Metal Rails,Pillars and Columns Transportation Thereof-The transportation of rails,pillars or columns or iron,steel or other material,over and along streets and other public places upon carts,trays,cars,trucks,or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. N. Street Railway Cars Operation Thereof-The causing,permitting or continuing any excessive,unnecessary and avoidable noise in the operation of a street railway car. O. Pile Drivers,Hammers etc -The operation between the hours often(10)P.M.and -. seven(7)A.M.of any pile driver,steam shove,pneumatic hammer,derrick,steam or electric hoist or other appliance,the use of which is attended by loud or unusual noise. P. Blowers-The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids,unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. Sec.21-112.Penalties. Any person violating any of the provisions of this ordinance shall be deemed guilty of J a misdemeanor and upon conviction thereof shall fined in any amount not exceeding Five Hundred Dollars ($500.00),or be imprisoned in the City or County jail for a period not exceeding six(6)months,or by both such fine and imprisonment.Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as an offense.Violations of this ordinance shall be prosecuted in the same manner as other ? violations of the City's code. Bill 96-130/Page 3 of4 �.' �:�� : ' "• err:.Na ' �<a.o>�:;-x::a.ri:r»z»:.•.,<:.r.•,,.,..,................ + ' r _ ti• J % ~F a ... Sec 21-113 Injunction As an additional remedy,the operation or maintenance of any device,instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or H hich endangers the comfort, repose,health or peace of residents in the area shall be deemed,and is declared to be,a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Sec.21-114.Severability. u It is the intention of the City Council that each separate provision of this ordinance , .. shall be deemed independent of all other provisions herein,and it is further the intention of ' the City Council that if any provision of this ordinance be declared to be invalid,all other provisions thereof shall remain valid and enforceable. Secs.21-115-21-125.Reserved I Section 2. This Ordinance shall be in full force and effect from and after the date of E l its passage and approval. j Passed: °' "9 7 Approved: Presiding Officer Mayor EST: n j City C rk : ,wt , � r + � •k , j , 1 tc X�t 4 Bill 96-130/Page4of4 , yt r r,t�y Tic$ 1 ' ,+•#Yx',M1, t d[ .. .1,+ r + :,� Y.6:�'�"fuf'a�I .x34.`.»'�awn[nw....>,....,._...�. ..... .. _ ,� S • s i