HomeMy Public PortalAboutORD-CC-1994-26ORDINANCE 94-26
AN ORDINANCE CREATING CHAPTER 17. 76 OF THE MOAB MUNICIPAL
ORDINANCES A NOISE ORDINANCE.
BE IT ORDAINED BY THE MOAB CITY COUNCIL AS FOLLOWS:
That Chapter 17. 76 of the Moab Municipal Ordinances shall be created to read as
follows:
Chapter 17. 76
NOISE
Sections:
17.76.010 Definitions.
17.76.020 Purpose.
17.76.030 Jurisdiction.
17. 76. 040 Powers and Duties.
17.76.050 Scope.
17. 76. 060 Emergency Orders.
17. 76. 070 General Prohibition of Noise.
17. 76. 080 Noise Levels.
17. 76. 090 Specific Noise Prohibitions.
17.76.100 Exemptions.
17. 76. 110 Relief from Restrictions.
17. 76. 120 Enforcement Responsibility.
17.76.130 Enforcement.
17.76.140 Penalty.
17. 76. 010 Definitions. For the purposes of these regulations, unless otherwise
defined in other sections of these regulations, the following terms, phrases and words
shall have the meaning herein given:
A. "Continuous sound" means any sound that exists, essentially without
interruption, for a period of ten (10) minutes or more.
B. "Cyclically varying noise" means any sound that varies in sound level so that
the same level is obtained repetitively at relatively uniform levels of time.
C. "Device" means any mechanism that is intended to produce, or that actually
produces noise when operated or handled.
D. "Dynamic braking device" means a device used primarily on trucks for the
conversion of the engine from an internal combustion engine to an air compressor for
the purposes of braking without the use of wheel brakes, commonly referred to as
"Jacob's Brake" or "Jake Brake".
E. "Emergency" means a situation or occurrence, which in the opinion of the
Chief of Police, Zoning Administrator, or Public Works Director, may present an
imminent threat to the health, safety or welfare of any person, place or property.
F. "Emergency work" means work required to restore property to a safe
condition following a public calamity or to protect persons or property from an
imminent exposure to danger.
G. "Emergency vehicle" means a motor vehicle used in response to a public
calamity or to protect persons or property from an imminent exposure to danger.
H. "Impulsive noise" means a noise generating excursions of usually less than
one (1) second.
I. "Motor vehicle" means any vehicle that is self-propelled by mechanical
power, including, but not limited to, passenger cars, trucks, truck -trailers, semi -trailers,
campers, motorcycles, mini -bikes, go-carts, snowmobiles and racing vehicles.
J. "Muffler" means an apparatus consisting of a series of chambers or baffle
plates designed to transmit gases while reducing sound.
K. "Noise disturbance" means any sound that annoys or disturbs a reasonable
person(s) with normal sensitivities or that injures or endangers the comfort, repose,
health, hearing, peace or safety of another person(s).
L. "Noise" means any sound that is unwanted and causes or tends to cause an
adverse psychological or physiological effect on human beings.
M. "Plainly audible noise" means any noise for which the information content
of that noise is unambiguously transferred to the listener, including, but not limited to
the understanding of spoken speech, comprehension of whether a voice is raised or
normal, or comprehension of musical rhythms.
N. "Property boundary" means an imaginary line at the ground surface, and its
vertical extension that separates the real property owned by one person from that
property owned by another person.
O. "Sound" means a temporal and spatial oscillation in pressure, or other
physical quantity with interval forces that cause compression or rarefaction of the
medium, and that propagates at finite speed to distant points.
P. "Stationary noise source" means any device, fixed or moveable, that is located
or used on property other than a public right-of-way.
17. 76. 020 Purpose. These regulations establish minimum standards to:
A. Reduce the making and creation of excessive, unnecessary, or unusually loud
noises within the limits of the City of Moab; and
B. Prevent excessive, unnecessary, or unusually loud noises that are prolonged,
unusual, or unreasonable in their time, place, or use, that affect and are a detriment to
public health, comfort, convenience, safety, or welfare of the residents of the City of
Moab; and
C. Secure and promote the public health, comfort, convenience, safety, welfare
and the peace and quiet of the residents of the City of Moab.
17. 76. 030 Jurisdiction. All noise control in this Chapter shall be subject to the
direction and control of the Chief of Police, Zoning Administrator and the Public
Works Director.
17. 76.040. Powers and Duties. The Chief of Police, Zoning Administrator and
the Public Works Director shall be responsible for the administration of these rules and
regulations and any other powers vested in them by law and shall make inspections of
any premises and issue orders as necessary to effect the purposes of these regulations,
and do any and all acts permitted by law that are necessary for the successful
enforcement of these regulations.
17. 76. 050. Scope. It shall be unlawful for any person not to comply with any
rule or regulation promulgated by this Chapter, unless expressly waived by these rules
and regulations.
17. 76. 060. Emergency Orders. Whenever the Chief of Police, Zoning
Administrator, Public Works Director or their official designees finds that an
emergency exists requiring one or all of the following actions may be taken:
A. Order of Emergency Suspension. In time of a public calamity or disaster,
emergency suspension of these rules and regulations may be ordered by the Chief of
Police, Zoning Administrator or Public Work Director or their official designees for the
duration of seventy two (72) hours, at which time the incident will be assessed and
further suspension of these rules ended or suspended.
B. Approval of application for exemption for emergency reasons. An individual
may apply for emergency exemption to these rules and regulations based on good and
reasonable cause due to emergency circumstances, as defined in this Chapter.
17. 76. 070 General Prohibition of Noise. It shall be unlawful for any person to
produce, continue, or cause to be produced or continued, any noise disturbance within
the limits of the City of Moab, as defined in this Chapter.
Section 17. 76. 080. Noise Levels. The making and/or creating of excessive or
unusually loud noise or sound within the City as identified in the following Subsection
(A), or identified and measured in the manner prescribed in Subsection (B), or in
violation of restricted hours as outlined in Subsection (C) is unlawful.
A. On the public right-of-way or upon public property, from the source or
device as to be plainly audible at a distance of fifty (50) feet or on private property, as
to be plainly audible at the property line.
B. The noise shall be measured at a distance of at least twenty five (25) feet from
the source of the device upon public property or within the public right-of-way or
twenty five (25) feet from the property line if upon private property, and shall be
measured on a decibel or sound level meter of standard design and quality on the "A"
weighting scale. A measurement of sixty five (65) decibels shall be considered to be
excessive and unusually loud.
C. Hours of restriction are as follows:
Residential 10 p.m. to 7 a.m. Monday through Saturday
Not before 9 a.m. Sunday
Commercial 10 p.m. to 6 a.m. Monday through Saturday.
17. 76. 090 Specific Noise Prohibitions. The following acts are declared to be in
violation of these rules and regulations:
A. Horns and signaling devices. The sounding of any horn or signaling device
on any truck, automobile, motorcycle, emergency vehicle, or other within the City,
except as a danger warning signal as provided by the Vehicle Code of the State of Utah.
B. Radios, television sets, tape players, musical instruments, and similar devices.
Using, operating, or permitting, the use or operation of any radio receiving set, musical
instrument, television, phonograph, drum or other device for the production or
reproduction of sound:
1. in violation of Section 17. 76. 080 or in a way that is plainly audible beyond the
property boundary of the source; or
2. on public property, public rights -of -way, or private property at any time so as to
be plainly audible fifty (50) feet from the device. Permits to exceed the
limits of Section 17. 76. 090 (b) (2) may be issued for special events on
public property by the Chief of Police, Recorder, or Zoning Administrator
upon approval from the agency operating the public property.
C. Public loudspeakers. The use or operation of a loudspeaker or sound
amplifying equipment in a fixed or moveable position or mounted upon any sound
vehicle in or upon any street, alley, sidewalk, park, place or public or private property
for the purposes of commercial advertising, giving instructions, directions, talks,
addresses, lectures, or transmission of music to any persons or assemblages of persons in
violation of Section 17. 76. 080, or cause a noise disturbance, unless a permit is first
obtained as provided in Section 17. 76. 110.
D. Hawkers and peddlers. Selling any item or service by outcry within any area
of the City in such a manner as to violate Section 17. 76. 080. It shall be unlawful for
any person to solicit from any motor vehicle, unless a permit is first obtained as
provided in Section 17. 76. 110.
E. Animals. Owning, keeping, possessing, or harboring any animal or animals
that, by frequent or habitual noise making, violates Section 17. 76. 080. The provision
of this section shall apply to all private and public facilities, including any animal
facilities that hold or treat animals.
F. Loading operation. Loading, unloading, opening, or otherwise handling
boxes, crates, containers, garbage containers, or other objects in such a manner as to
violate Section 17. 76. 080.
G. Construction work. It shall be unlawful for any person to perform or cause
to be performed, any construction work on any construction site under his controlling
such a manner as to violate Section 17. 76. 080. The Chief of Police, Zoning
Administrator or Public Works Director may authorize extended hours for construction
operations or procedures which, by their nature, require continuous operation, or
modify or waive the hours of work for or on projects in generally isolated areas where
the extended hours do not impact upon adjoining property occupants.
H. Domestic power equipment. Operating or permitting the operation of any
power equipment rated five (5) horsepower or less in residential or commercial zones,
including, but not limited to, power saws, lawn mowers, garden equipment, or snow
removal equipment for home or building repair or ground maintenance outdoors in
such a manner as to violate Section 17. 76. 080.
I. Fireworks or explosives. The use of explosives, fireworks, discharge of guns
or other explosive devices that are audible across a property boundary, public space, or
right-of-way without first obtaining a permit as provided by Section 17. 76. 110. The
provision shall not be construed to permit activities prohibited by other statutes,
ordinances, or regulations governing such activity.
J. Liquor license premises.
1. Failure to control noise. Permitting or providing either live or recorded
amplified music without first having closed all exterior doors and
windows of the licensed premises to control noise. Doors may be opened
to provide ingress and egress, but shall not be blocked in the open
position to provide ventilation. Doors shall be equipped with automatic
closing devices to keep them in the closed position except to permit
ingress and egress of patrons.
2. Outdoor speakers. Permitting or causing to exist any loudspeaker or
sound amplification equipment on any outdoor deck, patio, or garden
associated with the licensed premises other than speaker systems or sound
amplification in conjunction with approved outdoor dining.
K. Racing events. Permitting any motor racing event at any place in violation of
Section 17. 76. 080, without first obtaining a permit as provided by Section 17. 76. 110.
L. Powered model mechanical devices. Flying a model aircraft powered by
internal combustion engines, whether tethered or remote -controlled, or the firing or the
operation of model rocket vehicles or other similar noise -producing devices in such a
way as to violate Section 17. 76. 080.
M. Dynamic braking device. Operating any motor vehicle with a dynamic
braking device engaged, except for the avoidance of imminent danger.
N. Defect in vehicle. Operating or permitting the operation or use of any truck,
automobile, motorcycle, or other motor vehicle because of disrepair or mode of
operation violates Section 17. 76. 080.
O. Garbage collection. Collecting garbage, waste, refuse or recyclables materials
on regularly scheduled collection in such a manner as to violate Section 17. 76. 080 or
within three hundred (300) feet of an area zoned residential.
P. Standing motor vehicles. Operating, causing, or permitting the operation of
any motor vehicle or any auxiliary equipment attached thereto either in violation of
Section 17. 76. 080, or in such a way as to cause a disturbance in a residential zone for a
consecutive period of fifteen (15) minutes or longer.
Q. Bells and alarms. Sounding, operating, or permitting the sounding or
operation of an electronically amplified signal from any burglar alarm, bell, chime, or
clock, including but not limited to, bells, chimes, or clocks in schools, houses of
religious worship or governmental buildings that fail to meet the standards in Section
17. 76. 080 for longer than five (5) minutes in any hour.
R. Fixed siren, whistles and horns. Sounding or causing the sounding of any
whistle, horn or siren as a signal for commencing or suspending work or for any other
purpose in violation of Section 17. 76. 080, except as a sound of imminent danger.
S. Recreation vehicles and snowmobiles. Operating a recreational vehicle or
snowmobile in any way that violates Section 17. 76. 080.
T. Motor Vehicle Noise. No person shall operate or cause to be operated any
motor vehicle unless the exhaust system is free from defects that affect sound reduction;
equipped with a muffler or other noise dissipative device; and not equipped with any
cut-out, by-pass or similar device.
Section 17. 76. 100. Exemptions. The following uses and activities shall be
exempt from noise level regulations:
A. Noise of safety signals, warning devices and emergency pressure relief valves;
B. Noise resulting from any authorized emergency vehicle when responding to an
emergency call or in time of an emergency;
C. Noise resulting from emergency work;
D. Noise resulting from lawful fireworks and noisemakers used for celebration of
an official holiday;
E. Any noise resulting from activities of a temporary nature during periods
permitted by law for which a license has been approved by the Chief of
Police, Zoning Administrator, Public Works Director or their official
designees in Accordance with Section 17. 76. 110;
F. Any noise resulting from the maintenance of golf courses;
17. 76. 110. Relief from Restrictions. Requests for relief from the noise
restrictions in these rules and regulations may be made by the Zoning Administrator as
it pertains to building issues and the Chief of Police, Zoning Administrator, Public
Works Director or their official designees as it pertains to special events, community
functions and private events. Upon granting relief, any conditions outlined and agreed
upon shall be compiled by the applicant and failure to do so will cause the relief
agreement to be suspended.
A. Commercial agricultural producers holding a valid Moab City Business
License located in the RA-1 (Residential -Agricultural Zone) are eligible to receive a
seasonal exemption from noise restrictions contained in Sections 17. 76. 080 (B) (C) due
to weather and crop management activities outside of their control. The seasonal
exemption from restriction requires that eligible agricultural operators complete a
Relief from Restrictions form and notify the Zoning Administrator, Police Department
or designated police dispatch center by telephone, facsimile transmission, or in person
on the day of operation of any agricultural equipment would violate noise provisions
contained in Section 17. 76. 080 (B) (C).
17. 76. 120. Enforcement Responsibility. Enforcement responsibility will rest
jointly with the Chief of Police, Zoning Administrator, Public Works Director or their
official designee.
17. 76. 130. Enforcement. The Chief of Police, Zoning Adrninistrator, Public
Works Director or their official designee may, upon discovery or report of a violation
or violations of this Chapter, issue a written citation for the violation requiring an
appearance in court to answer the charges, or may file a report with the City's
Prosecutor's Office for review and issuance of an information and summons to court to
answer the charges.
17. 76. 140. Penalty. Any person who is found guilty of violating any of the
provisions of these rules and regulations, either by failing to do those acts required
herein or by doing a prohibited act, is guilty of a Class B Misdemeanor, pursuant to
Section 26-24-22, Utah Code Annotated, 1953, as amended. If a person is found guilty
of a subsequent similar violation within a period of two- (2) years, he is guilty of a Class
A Misdemeanor, pursuant to Section 26-24-22, Utah Code Annotated, 1953, as amended.
Each day such violation is committed or permitted to continue shall constitute a
separate violation.
The City Attorney may initiate legal action, civil or criminal, requested by the
City Manager, Chief of Police, Zoning Administrator or Public Works Director to
abate any condition that exists in violation of these rules and regulations. In addition to
other penalties imposed by a court of competent jurisdiction, any person(s) found guilty
violating any of these rules and regulations shall be liable for all expenses incurred by
the City in removing or abating any nuisance or other noise disturbance.
This Ordinance shall take effect immediately upon passage.
DONE IN OPEN COUNCIL this 13 day of December, A. D.,1994.
ATTEST.
John est
Rec rder Moab City
Thomas A. Stocks
Mayor of Moab City
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anne Lambla, Councilmember
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illiam D. McDougald, Coun lmember
Dan Mick, Councilmember
aul/Seibert, Councilmember
Terry Warner, Councilmember