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HomeMy WebLinkAbout649 Public Disturbance / Noise Ordinance313 ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 8, CHAPTER 16, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION TO BE KNOWN AS SECTION 1612A, PUBLIC DISTURBANCE NOISES; AND PROVIDING` AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to state when public disturbance noises become. nuisances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Title 8, Chapter 16, of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by the addition thereto of a new section to be known as 8-1612A, PUBLIC DISTURBANCE NOISES, which shall read as follows: 8-1612A: 1. PUBLIC DISTURBANCE NOISES. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noises: A:- The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; B. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motor- cycle, off-highway vehicle or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace, comfprt and repose of owners or possessors of real property; C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 6:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; D. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds form audio equipment, musical instruments, band sessions, or social gatherings; E. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself; F. Sound from audio equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. AMENDED ORDINANCE/ PUBLIC DISTURBANCE NOISES PAGE 1 314 The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. 2. VIOLATION -PENALTIES. Any person violating the provisions of this- chapter shall be punished by a fine in a sum not exceeding $300.00 for the first violation hereof, of which $100.00 shall not be suspended or deferred; a fine of $300.00 shall be imposed for each subsequent violation, of which $150.00 shall not be suspended or deferred. SECTION 2. If any person or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 7th day of June, 1994. APPROVED: G NT P. KIN F. RD, OR ATTEST: s~G~~G -~ .~ ~ WILLIAM G. BERG, JR., CITY E AMENDED ORDINANCE/ PUBLIC DISTURBANCE NOISES PAGE 2 )RDINANCE NO. L9 V 9 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 8, CHAPTER 16, OF THE REVISED AND COMPI"ED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION TO BE KNOWN AS SECTION 1612A, PUBLIC DISTURBANCE NOISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayoz and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to state when public disturbance noises become nuisances; NOW, THEREFORE, BE -'T ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 8, Chapter 16, of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by the addition thereto of a new section to be known as 8-1612A, PUBLIC DISTURBANCE NOISES, which shall read as follows: 8-1612A: 1. PUBLIC DISTURBANCE NOISES. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: A. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; B. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off - highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES Page 1 ',-I '.e possessors of real property; �..� C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 6:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; D. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions, or social gatherings; E. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself; F. Sound from audio equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. 2. VIOLATION - PENALTIES. Any person violating the provisions of this chapter shall be punished by a fine in a sum not exceeding $300.00 for the first violation hereof, of which $100.00 shall not be suspended or deferred; a fine of $300.00 shall be imposed for each subsequent violation, of which $150.00 shall not be suspended or deferred. SECTION 2: If any provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES '� Page 2 "". 1,r Ordinance shall be in fill force and effect from and after its `-- passage, approval and publication according to law. PASSED AND APPROVED this day of 'Z74t4� , 1994. CITY OF MERIDIAN ATTEST: - �GMMT P. KINGS OR YOR WILL BERG -CITY_ LERK AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES Page 3