HomeMy Public PortalAboutORD-CC-2021-04DocuSign Envelope ID: 796DEC60-8FD3-421E-B8B1-763CDE447D3B
CITY OF MOAB, UTAH
ORDINANCE NO. 2021-04
A TEXT AMENDMENT REMOVING CHAPTER 17.74 "NOISE" FROM TITLE 17
"ZONING" OF THE MOAB MUNICIPAL CODE ("MMC") AND RELOCATING THE
NOISE PROVISIONS TO TITLE 8 "HEALTH AND SAFETY" BY CREATING
SECTION 8.24 OF TITLE 8 "HEALTH AND SAFETY"
WHEREAS, the City has enacted Title 17.00, "Zoning," of the Moab Municipal Code
('MMC") that governs land use and development within the City Limits.
WHEREAS, from time to time the City undertakes revisions of Title 17.00 to improve
the quality of land development and align the Code with state law and contemporary
planning concepts.
WHEREAS, the City finds that this Ordinance will serve the public health, safety, and
welfare, and that adoption is in the best interests of the Moab community.
WHEREAS, the administration of noise provisions is currently granted to the Chief of
Police, the Zoning Administrator, and the Director of Public Works. Because the
noise provisions are currently located in Title 17 of the MMC, any changes to those
provisions must be reviewed and recommended by the Planning Commission
including the required public notice and hearings.
WHEREAS, the City Council has directed the City Staff to relocate the City's noise
provisions to Title 8 "Health and Safety" eliminating the need to amend the Zoning
Code to effectuate changes to the noise provisions.
WHEREAS, a public hearing was held before the Planning Commission on March
11. 2021. That hearing was duly noticed and the notice was published in the Times
Independent on February 25, 2020 and March 4, 2021.
WHEREAS, this Ordinance was reviewed by the Planning Commission on March 11,
2021. and the Commission favorably recommended approval of the Ordinance to City
Council.
NOW, THEREFORE BE IT ORDAINED that the following changes be made to the
MMC as follows:
Section 1. Delete Section 17.74 Noise from the MMC Zoning Code
Section 2. Add noise provisions to the MMC Title 8 "Health and Safety" as a new
Section 8.24 as follows:
8.24.010 Definitions.
8.24.020 Purpose.
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8.24.030
8.24.040
8.24.050
8.24.060
8.24.070
8.24.080
8.24.090
8.24.100
8.24.110
8.24.120
8.24.130
8.24.140
8.24.010
Jurisdiction.
Powers and duties.
Scope.
Emergency orders.
General prohibition of noise.
Noise levels.
Specific noise prohibitions.
Exemptions.
Relief from restrictions.
Enforcement responsibility.
Enforcement.
Penalty.
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:
"Continuous sound- means any sound that exists, essentially without interruption, for
a period of ten minutes or more.
"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.
"Device" means any mechanism that is intended to produce, or that actually produces
noise when operated or handled.
"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."
"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.
"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.
"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.
"Impulsive noise" means a noise generating excursions of usually less than one
second.
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"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.
"Muffler" means an apparatus consisting of a series of chambers or baffle plates
designed to transmit gases while reducing sound.
"Noise" means any sound that is unwanted and causes or tends to cause an adverse
psychological or physiological effect on human beings.
"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).
"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.
"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.
"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.
"Stationary noise source" means any device. fixed or moveable, that is located or
used on property other than a public right-of-way. (Ord. 94-26 (part), 1994)
8.24.020 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; 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:
and
C. Secure and promote the public health, comfort, convenience, safety, welfare and
the peace and quiet of the residents of the City. (Ord. 94-26 (part). 1994)
8.24.030 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. (Ord. 94-26
(part), 1994)
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8.24.040
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 affect the purposes of these regulations, and do any and all
acts permitted by law that are necessary for the successful enforcement of these
regulations. (Ord. 94-26 (part), 1994)
8.24.050 Scope.
It is unlawful for any person not to comply with any rule or regulation promulgated by
this chapter, unless expressly waived by these rules and regulations. (Ord. 94-26
(part). 1994)
8.24.060
8.24.070
Emergency orders.
Whenever the Chief of Police. Zoning Administrator. Public Works Director or their
official designees finds that an emergency exists, one or all of the following actions
may be required to 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 Works Director or their official designees for
the duration of seventy-two 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.
(Ord. 94-26 (part), 1994)
General prohibition of noise.
It is unlawful for any person to produce, continue, or cause to be produced or
continued. any noise disturbance within the limits of the City, as defined in this
chapter. (Ord. 94-26 (part), 1994)
8.24.080 Noise levels.
The making and/or creating of excessive or unusually loud noise or sound within the
City as identified in subsection.(A) of this section, or identified and measured in the
manner prescribed in subsection (B) of this section, or in violation of restricted hours
as outlined in subsection (C) of this section 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 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 feet from the
source of the device upon public property or within the public right-of-way or twenty-
five 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" weighing
scale. A measurement of sixty-five decibels shall be considered to be excessive and
unusually loud.
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C. Hours of restriction are as follows:
Residential:
10:00 p.m. to 7:00 a.m.
Monday through Saturday
Not before 9:00 a.m. Sunday
Commercial:
10:00 p.m. to 6:00 a.m.
Monday through Saturday.
(Ord. 94-26 (part), 1994)
8.24.090
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 8.24.080 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 feet from the device. Permits to exceed the limits of this
subdivision 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 8.24.080, or cause a noise disturbance. unless a permit is first
obtained as provided in Section 8.24.110.
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 8.24.080. It is unlawful for any person
to solicit from any motor vehicle, unless a permit is first obtained as provided in
Section 8.24.080
E. Animals. Owning, keeping, possessing, or harboring any animal or animals that,
by frequent or habitual noise making, violates Section 8.24.080. The provision of this
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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 8.24.080.
G. Construction Work. It is unlawful for any person to perform or cause to be
performed, any construction work on any construction site under his control in such a
manner as to violate Section 8.24.080. 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 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 8.24.080.
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 8.24.110. 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 8.24.080 without first obtaining a permit as provided by Section 8.24.110.
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 8.24.080.
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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 8.24.080.
O. Garbage Collection. Collecting garbage, waste, refuse or recyclables materials
on regularly scheduled collection in such a manner as to violate Section 8.24.080 or
within three hundred 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 8.24.080, or in such a way as to cause a disturbance in a residential zone for
a consecutive period of fifteen 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 8.24.080
for longer than five 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 8.24.080, except as a sound of imminent danger;
S. Recreation Vehicles and Snowmobiles. Operating a recreational vehicle or
snowmobile in any way that violates Section 8.24.080.
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. (Ord. 94-26 (part), 1994)
8.24.100 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 8.24.110.
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F. Any noise resulting from the maintenance of golf courses. (Ord. 94-26 (part),
1994)
8.24.110
8.24.120
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 8.24.080(B)
and (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 that would violate noise provisions contained in Section
8.24.080(B) and (C). (Ord. 94-26 (part), 1994)
Enforcement responsibility.
Enforcement responsibility will rest jointly with the Chief of Police, Zoning
Administrator, Public Works Director or their official designees. (Ord. 94-26 (part),
1994)
8.24.130 Enforcement.
The Chief of Police, Zoning Administrator, Public Works Director or their official
designees 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. (Ord. 94-26
(part), 1994)
8.24.140 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 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 of
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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. (Ord. 94-
26 (part), 1994)
PASSED by the City Council in a public meeting on March 23, 2021, by the following
vote:
MOAB CITY COUNCIL:
Those voting aye: Duncan, Guzman -Newton, Knuteson-Boyd, Jones, Derasary
Those voting nay: None
Those abstaining: None
Those absent: None
DocuSigned by:
___
C'OCD4714CCD'DJ
Emily Niehaus, Mayor
ATTEST:
Sommar Johnson, ClerklRecorder