1249
OOO()68
ORDINANCE NO. 1249 (#11 - 05)
AN ORDINANCE AMENDING JMC ~9.36 (THE NOISE ORDINANCE); AND,
FOR OTHER PURPOSES.
==================================================
WHEREAS, City officials have determined that new .Jrovisions are needed for
additional reduction of noise ,Jroblems encountered throughout the City; and,
WHEREAS, because of numerous complaints from residents living within
close proximity to roadways regarding noise associated wit 1 lorns/whistles/stereos
anc ot ler excessive noise problems, City officia s wis 1 to designate certain
provisions to adc ress, e iminate, and reduce such unnecessary noise eve s.
NOW, THEREFORE, BE 11 ORDAINED BY THE Cll Y COUNCIL OF THE Cll Y
OF JACKSONVILLE, ARKANSAS:
SEe lION ONE: Jacksonville Munici Jal Code 9 9.36 is here JY amended
to include t le fol owing additions, de etions, and provisions:
lMC ~ 9.36.010 - Terms of Violation
It shall be unlawfu for any person to wi fu y ma <e, continue, or cause to be
made or continued any loud and raucous noise, which terms shall mean any sound
which, because of its volume level, duration, and character, annoys, disturbs,
injures, or endangers t le comfort, lealth, peace, or safety of reasona Jle persons
of ordinary sensi)i ities wit lin t le city .imits of t le City of Jac <sonvi :e.
Application of these terms shall be limited to loud and raucous noise heard
upon the public streets, JublicJarks, any sc 100, pub ic buildings or grounds
thereof, any church, hospital, or grounds thereof, any parking lot open to members
of the public as invitees or licensees, or any occupied residential unit or grounds not
ocated at the source of the noise.
lMC ~ 9.36.020 - Acts Declared Loud and Raucous Noise
a) Horns and Warning Devices. Tle sounding of any horn(s)
warning device(s) on any automo Ji e, motorcyc e, JUS, motorized vehicle or ot ler
such device, except when used as a danger signal. The use of any such signaling
device for any unreasonable period of time may also constitute a violation if not
Jeing utilized as a warning c evice during an emergencYa
b) Radios, Stereos, and Musical Devices/Instruments. The playing of
any radio, stereo, musical instrument, or other musical device designed to Jroduce
or reproduce sound in such a manner or wit 1 sue 1 vo ume, as to disturb the quiet
or comfort of persons in any residence, office, hospital, dwelling, hotel, or of any
person(s) in the vicinity. The operation of any such instrument, machine, or device
Jetween tle lours of 11:00 p.m. and 6:30 a.m. in such a manner as to be plain y
audible at a distance of Fifty (50) feet from the 'Juilding, structure, or ve lie e in
which the sound originates or reaches a minimum of Seventy (70) decibels or more
from a distance of distance of Twenty feet (20') shall be prima facie evidence of a
violation of the terms of this Ordinancea
00;0069
ORDINANCE NO. 1249 (#11 - 05)
PAGE TWO
c) Singing, Shouting, Speaking. Yelling, s louting, speaking, whistling,
or singing on the public streets, particularly between the hours of 11:00 p.m. and
6:30 a.m., or at any time or place so as to annoy or disturb the quiet or comfort of
persons in any residence, office, hospital, or in any dwe 'ing, 'lote:, or of any
person(s) in t'le vicinity s'lal Je prima facie evidence of a violation of this
Ordinance.
c ) Vehicle(s). T le use of any automobile, motorcyc e, or ot ler motor
vehic e in such a condition or state as to create loud and unnecessary grating,
grinding, rattling, or other extreme noise(s), particularly but not limited to the hours
of 11 :00 p.m. through 6:30 a.m., s'lall be prohibited.
e) Dumpsters, Trash Retrieva~ and Commercial/Industrial Operations.
The loading, unloading, o.Jeration, or re Jairing of any commercial dumpsters,
persona trash containers, commercia- or industrial equipment during the hours of
11:00 p.m. and 6:30 a.m. which causes such a noise level as to annoy or disturb the
quiet or comfort of person(s) in any residence, hospital, dwelling or hotel, shall be
prohibited.
lMC ~ 9.36.030
Prima Facie Evidence
Prima facie evidence of any violation of this Ordinance shall be provided
through testimony from parties witnessing/hearing the emission of loud or raucous
noises from horns, signaling devices, radios, stereos, amplifiers, loud speakers, or
other such distracting noise sources which exceed tle eve of Seventy (70) decibe s
from a distance of no ess t1an Twenty feet (20') from tle source of said noise.
JMC ~ 9.36.040
Exemptions
Exceptions to the terms of t lis Ordinance shall be those sounds or noises
emitted for purposes to include, but not be limited to, emergency vehicles, sirens,
warnings, church bells, train whistles, crossing a arms, school alarms, Je Is, and
t lose noise(s) emitted for ce e Jration purposes during civic, c lure 1, community,
educationa activities, and national holidays. Furtler, warning devices or noise
emitted during emergency situations by Government officials are exempted from
a;J ,Jlication of the terms of this Ordinance.
JMC ~ 9.36.050 - Enforcement and Penalties
Any person w 10 vio ates any provision of t lis Ordinance s la Je cited into
t',e Jac1<sonvie District Court JY a Jac <sonvi e Code Enforcement Officer(s) and/or
a Jac'<sonvil"e Police officer(s). Said individual, business, or representative upon a
~Iea or conviction thereof, shall be fined no less than Twenty-five and 00/100
Dollars ($25.00) and no more than Five Hundred and 00/100 Dollars ($500.00),
together with court costs, and appropriate fees. Each time the terms of this
Ordinance are violated shall constitute a separate offense.
In tOle event a person convicted of a violation of tlis Ordinance continues
SUCl conduct, said continuation shall constitute a nuisance. The Mayor, Chief of
000070
ORDINANCE NO. 1249 (#11 — 05)
PAGE THREE
Police, City Engineer, or designated and authorized agent(s) thereof are authorized
to take appropriate steps necessary to abate such a nuisance, to include but not be
limited to filing charges and seeking proper orders from a District Court or Circuit
Court of proper jurisdiction to adequately ensure such violations do not occur in the
future.
SECTION THREE: All Ordinances and parts thereof in conflict
herewith are hereby repealed to the extent of said conflict.
SECTION FOUR: This Ordinance shall take effect immediately upon
passage and publication, as provided by and subject to the requirements of
applicable law. 11�.
APPROVED AND ADOPTED THIS DAY OF APRIL, 2005.
CITY OF JACKSONVILLE, ARKANSAS
TOMMY SWAIM, M OR
ATTEST:
t-1 _A IP 4 ` .
SUSAN DAV I , CITY CLE r K -'
APPRI AS TO F*RM:
7:- I j,
_ Agii■P*
p
ROB:RT E. BA BURG, C TTO' , EY