1477Oo0_1.1,_9
ORDINANCE NO, 1477 ( #8 - 2013)
AN ORDINANCE AMENDING JMC if 9,36, REGARDING DEVELOPMENT,
OPERATION, USE OF, AND APPROPRIATE ZONING CLASSIFICATIONS FOR
NOISE LIMITATIONS WITHIN THE CITY OF JACKSONVILLE; AND, FOR
OTHER PURPOSES,
WHEREAS, in the enhancement of adequate provisions regarding loud and
raucous noises within the City of Jacksonville, doing so will require additional Code
provisions to modify existing ordinance provisions and insure compliance with state
and federal laws and regulations; and,
WHEREAS, to properly provide appropriate regulations and address needed
additional provisions, the City Council has determined that the following provisions
are required.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT;
SECTION ONE: JMC § 9.36.010 (TERMS OF VIOLATIONS)
shall be amended and modified to include the followings
It shall be unlawful for any person to willfully cause, make, or continue any
loud and raucous noise(s). Application of the following terms and conditions shall
be limited to loud and raucous noise(s) heard upon the public streets, parks,
school(s), building(s), or ground(s) thereof, any care facility, church, hospital, or
ground(s) thereof, any parking lot open to members of the public as invitees or
licensees, or any residential, commercial, or manufacturing facility(ies), unit(s), or
the ground(s) thereof not located at the source of the noise.
SECTION TWO: JMC § 9.36.020 (DEFINITIONS) shall be
amended and modified to include the following:
The following words shall have the following meanings:
1. 'Ambient noise level" means all- encompassing noise level
associated with a given environment, being a composite of sounds
from all sources, excluding the alleged offensive noise at the location
and approximate time at which a comparison with the alleged
offensive noise is to be made.
2. "A- weighted sound level" means the total sound level in
decibels of all sound as measured with a sound level meter using the
A- weighting network. The level so read is designated dB(A) or dBA.
3. 'Commercial property" means a parcel of real property which is
zoned in any zoning district described as being commercial under the
provisions of this Code.
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4. "Construction" means any site preparation, assembly, erection,
substantial repair, alteration, or similar action, but excluding
demolition, for or of public or private right -of -way, structures, utilities
or similar property.
5. 'Cumulative period" means an additive period of time
composed of individual time segments which may be continuous or
interrupted.
6. 'Decibel (dB)" means a unit for measuring the volume of
sound, equal to Twenty times the logarithm to the Base Ten of the
ratio of the pressure of the sound measured to the reference
pressure, which is Twenty (20) Micropascals (Twenty (20)
Micronewtons per square meter).
7. "Dwelling unit" means a single - family or multiple - family unit
providing complete independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating,
cooking and sanitation.
8. ' Emergency machinery, vehicle, work or alarm" means any
machinery, vehicle, work or alarm used, employed, performed or
operated in an effort to protect, provide or restore safety conditions in
the community or for the citizenry, or work by private or public
utilities when restoring utility service
9. "Equivalent A- weighted sound level" means the constant sound
level that, in a given situation and time period, conveys the same
sound.
10. "Exterior noise" means sounds which originate from any source
that is not within a building or structure.
11. "Grading" means any excavating or filling of earth material or
any combination thereof conducted at a site to prepare the site for
construction or other improvements thereon.
12. "Gross vehicle weight rating (GVWR)" means the value
specified by the manufacturer as the recommended maximum loaded
weight of a single motor vehicle. In cases where trailers and tractors
are separable, the gross combination weight rating (GCWR), which is
the value specified by the manufacturer as the recommended
maximum load weight of the combination vehicle, shall be used.
13 "Health care institution" means any hospital, convalescent
home, or other similar facility which provides health care, medical
treatment, room, board or other services for the ill, retarded or
convalescent.
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14 "Impulse noise" means a noise of short duration, usually Tess
than one second, and of high intensity, with an abrupt onset and
rapid decay.
15. "Industrial and manufacturing property" means a parcel of real
property which is used as provided for within the provisions of this
Code, including property located within the extraterritorial jurisdiction
of the City.
16. "Interior noise" means any sound originating inside of any
building or structure.
17. ' Intruding noise level" means the total sound level, in decibels,
created, caused, maintained or originating from an offensive source at
a specified location while the offensive source is in operation.
18. "Loud and Raucous Noise(s)" means any sound(s) 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 sensibilities within the city limits of
Jacksonville
19. "Motor carrier vehicle engaged in interstate commerce" means
any vehicle for which regulations apply pursuant to Section 18 of the
Federal Noise Control Act of 1972 (P.L. 92 -574), as amended,
pertaining to motor vehicles engaged in interstate commerce.
20. "Motor vehicle" means any vehicle which is propelled or drawn
on land by a motor, such as, but not limited to, passenger cars,
trucks, truck - trailers, semitrailers, campers, go- carts, dune buggies, or
racing vehicles, but not including motorcycles.
21. "Motorcycles" means an unenclosed motor vehicle having a
saddle for the use of the operator and Two (2) or Three (3) wheels in
contact with the ground, including, but not limited to, motorscooters
and minibikes
22. "Muffler or sound dissipative device" means a device for
abating the sound of escaping gases of an internal combustion
engine
23. 'Noise" means any sound which
a. Exceeds the standards set forth in this Chapter;
b. Annoys or disturbs a reasonable person of normal
sensibilities; and /or,
c. Causes or tends to cause any adverse psychological or
physiological effect on humans.
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24. "Noise sensitive zone" means any area designated pursuant to
this Ordinance for the purpose of ensuring exceptional quiet.
25. "Person" means an individual, firm, association, partnership,
joint venture, corporation or any entity, public or private in nature
26. "Public right -of -way" means any street, alley, sidewalk or other
place to which the public has legal access.
27. "Residential property" means a parcel of real property which is
developed and used in part or in whole for residential purposes other
than transient uses such as hotels and motels.
28. "Simple tone noise" means a noise characterized by a
predominant frequency or frequencies so that other frequencies
cannot be readily distinguished If measured, simple tone noise shall
exist if the One -third (1/3) octave band sound pressure levels in the
band tone exceeds the arithmetic average of the sound pressure
levels of the Two (2) contiguous One -third (1/3) octave bands as
follows: Five dB (5 dB) for frequencies of Five Hundred Hertz (500 Hz)
and above; or by Eight dB (8 dB) for frequencies between One
Hundred Sixty (160) and Four Hundred Hertz (400 Hz); or, by Fifteen
dB (15 dB) for frequencies less than or equal to One Hundred Twenty -
five Hertz (125 Hz).
29. "Sound level meter" means an instrument meeting American
National Standard Institute Standards S1.4 -1971 or most recent
revision thereof for Type 1 or Type 2 sound level meters or an
instrument and the associated recording and analyzing equipment
which will provide equivalent data
30. "Sound pressure level" means Twenty times (20x) the
logarithm to the Base Ten of the ratio of the pressure of a sound to a
reference pressure, which reference pressure shall be explicitly stated.
31. "Vibration" means any movement of the ground or other similar
surface created by a temporal and spacial oscillation of displacement,
velocity or acceleration in any mechanical device or equipment located
upon, attached, affixed or in conjunction with that surface.
SECTION THREE: ]MC § 9 36.025 (DECIBEL MEASUREMENT
CRITERIA) shall be created shall read as follows:
Any decibel measurement made pursuant to the provisions of this
Chapter shall be based on a reference sound pressure of Twenty (20)
Micropascals as measured with a sound level meter using the A- weighted
network (scale) at slow response.
SECTION SIX: ]MC § 9.36.032 (EXTERIOR NOISE
STANDARDS) shall be created shall read as follows:
A. The following noise standards, unless otherwise specifically indicated,
shall a I to all ro e with a desk noted noise zone:
ell
Noise Zone
Time Interval
Allowable
Exterior Noise
Level
I
10 00 p.m. to 7:00 a.m.
50 dB(A)
7:00 a.m. to 10:00 p.m.
60 dB(A)
II
10 00 p.m to 7:00 a.m.
60 dB(A)
7:00 a m to 10:00 p.m.
70 dB(A)
III
10 00 p m to 7:00 a.m.
65 dB(A)
7:00 a.m. to 10:00 p.m.
75 dB(A)
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SECTION FOUR; JMC § 9.36.027 (NOISE LEVEL
MEASUREMENT) shall be created shall read as follows:
The location selected for measuring exterior noise levels shall be at
the property border of the affected property closest to any other structure
and /or property The measurement shall be made using the appropriate
equipment as authorized herein.
SECTION FIVE; ]MC § 9.36.030 (DESIGNATED NOISE
ZONES) shall be created shall read as follows:
A. Noise Zone I: All single, double and multiple - family residential
structures or property.
B. Noise Zone II: All commercial properties
C. Noise zone III: All manufacturing or industrial properties.
Each of the noise limits specified shall be increased by Five dB(A) (5
dB(A)) for impulse or simple tone noises consisting of speech or music;
provided, however, that if the ambient noise level exceeds the resulting
standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the City or its
extraterritorial jurisdiction to create any noise or to suffer, allow or permit the
creation of any noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level on any property to
exceed:
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1. The noise standard for a cumulative period of more than Thirty
(30) minutes in any hour or
2. The noise standard plus Five dB(A) (5 dB(A)) for a cumulative
period of more than Fifteen (15) minutes in any hour; or
3. The noise standard plus Ten dB(A) (10 dB(A)) for a cumulative
period of more than Five (5) minutes in any hour; or
4. The noise standard plus Fifteen dB(A) (15 dB(A)) for a
cumulative period of more than One (1) minute in any hour, or
5. The noise standard plus Twenty dB(A) (20 dB(A)) for any
period of time.
C. If the measurement location is on a boundary between Two (2)
different noise zones, the lower noise level standard applicable to the noise
zone shall apply.
D. If the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise level
can be determined, the measured noise level obtained while the source is in
operation shall be compared directly to the allowable noise level standards as
specified respective to the measurement location's designated land use and
for the time of day the noise level is measured.
E. No person shall make, continue or cause to be made or continued any
noise such as, but not limited to, the following:
1. Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum musical instruments, sound
amplifier, or similar device which produces or amplifies sound;
2. Using or operating for any commercial or noncommercial
purpose any loudspeaker, public address system, or similar device
such that the sound therefrom creates a noise disturbance across a
real property boundary or within a noise sensitive zone;
3. Owning possessing, or harboring any animal(s) and /or bird(s)
which frequently or for continued duration, howls, barks, meows,
squawks, or makes other sounds which create a disturbance across a
residential real property boundary or within a noise sensitive zone;
4. Loading, unloading, opening, closing or other handling of
boxes, crates, containers, building materials, garbage cans, or similar
objects in such a manner as to cause a noise disturbance across a
residential real property boundary or within a noise sensitive zone.
SECTION SEVEN; )MC § 9.36.034 (INTERIOR NOISE
STANDARDS) shall be created shall read as follows:
shall a I to all residential ro•e within all noise zones:
Ile
1
Noise Zone
Land Use
Time Interval
Allowable Level
All
Residential
10 00 p.m to 7 a.m.
50 dB(A)
7:00 a.m. to 10:00 p.m.
60 dB(A)
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A. The following noise standard, unless otherwise specifically indicated,
Each of the noise limits specified shall be increased Five dB(A) (5
dB(A)) for impulse or simple tone noises consisting of speech or music;
provided, however, that if the ambient noise level exceeds the resulting
standard the ambient shall be the standard.
B. It is unlawful for any person at any location within the City or its
extraterritorial jurisdiction to create any noise or to suffer, allow or permit the
creation of any noise on property owned, leased, occupied or otherwise
controlled by such a person which causes the noise level when measured
within any other residential dwelling unit in any noise zone to exceed:
1. The noise standard for a cumulative period of more than Five
minutes in any hour;
2. The noise standard plus Five dB(A) (5 dB(A)) for a cumulative
period of more than One minute in any hour; or,
3. The noise standard plus Ten dB(A) (10 dB(A)) at any time.
C. In the event the ambient noise level exceeds the standards set out in
subsection B1 and 2 of this Section, the cumulative period applicable to the
standard shall be increased to reflect the maximum ambient noise level.
D. If the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise level
can be determined, the same procedures specified in this Chapter shall be
deemed proper to enforce the provisions of this Section.
SECTION EIGHT; 7MC § 9.36.035 ( NOISE SENSITIVE ZONES)
shall be created shall read as follows:
It is unlawful for any person to create any noise which causes the
noise level at any school, hospital or similar health care institution, church, or
library while the same is in use, to exceed the noise standards specified in
this Chapter prescribed for the assigned noise zone in which the school,
hospital, or similar health care institution, church, or library is located, or
which noise level unreasonably interferes with the usage of such institutions
or which unreasonably disturbs or annoys patients in a hospital, convalescent
home, or similar health care institution, provided conspicuous signs are
displayed in Three separate locations within One -tenth mile of the institution
or facility indicating a quiet zone.
Ordinance No. 1477 ( #8 -2013)
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SECTION NINE; 7MC § 9.36.036 (ADDITIONAL NOISE
STANDARDS) shall be created shall read as follows:
In addition to other provisions under this Chapter, no person shall
operate, play or permit the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier, or similar device
which produces, reproduces, or amplifies sound in any place of public
entertainment at a level greater than Eighty -five (85) decibels as read by the
slow response on a sound level meter at any point that is normally occupied
by a customer, unless a conspicuous and legible sign is located outside such
place, near each public entrance stating: "WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."
SECTION TEN: ]MC § 9.36.038 (VIBRATIONS) shall be
created shall read as follows:
Except as otherwise provided herein, it is unlawful for any person to
create, maintain or cause any ground vibration which is perceptible without
instruments at any point on any affected property adjoining the property in
which the vibration source is located.
SECTION ELEVEN; ]MC § 9.36.040 (MOTOR VEHICLE
MAXIMUM SOUND LEVELS) shall be created shall read as follows:
A. Motor Vehicles and Motorcycles on Public Right -of -way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle on a public right -of -way at any time in such a manner
that the sound level emitted by the motor vehicle or motorcycle
exceeds the following levels:
Motor Vehicle and Motorcycle Sound Limits
Measured at Fi feet 50'
Sound Level in dB(A)
Speed
Limit
35
mph or
Less
Speed
Limit
Over
35
mph
Stationary
Run -up
Motor carrier vehicle engaged in interstate commerce
of GVWR or GCWR or 10,000 lbs. or more
86
90
88
All other motor vehicles of GVWR or GCWR of 10,000
lbs. or more
70
79
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Any motorcycle
78
82
Any motor vehicle or any combination of vehicles towed by any motor
vehicle
70
79
B.
Adequate Mufflers or Sound Dissipative Devices.
1. No person shall operate or cause to be operated any motor
vehicle or motorcycle not equipped with a muffler or other sound
dissipative device in good working order and in constant operation.
2. No person shall remove or render inoperative or cause to be
removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement, any muffler or sound dissipative
device on a motor vehicle or motorcycle.
C. Standing Motor Vehicles. No person shall operate or permit the
operation of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of Ten Thousand pounds (10,000 lbs.) or any auxiliary equipment
attached to such a vehicle, for a period longer than two minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion, on a
public right -of -way or public space within One Hundred Fifty feet (150') of a
residential area or designated noise sensitive zone. This section shall not
apply to buses operated for the transportation of passengers while standing
in established bus stops, bus terminals, bus parking lots and bus storage
yard.
D. Recreational Motorized Vehicles Operating Off Public Right -of -way. No
person shall operate or cause to be operated any recreational motorized
vehicle off a public right -of -way in such a manner that the sound level
emitted therefrom exceeds Eighty -two dB(A) if manufactured prior to January
1, 1975, and Seventy -three dB(A) (73 dB(A)) if manufactured after January
1, 1975, at a distance of Fifty feet (50') or more from the path of the vehicle
when operated on a public space or across the boundary of private property
when operated on private property. This Section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including,
but not limited to, commercial or noncommercial racing vehicles,
motorcycles, go- carts, campers and dune buggies.
SECTION TWELVE: ]MC § 9.36.042 (HORNS AND
WARNING DEVICES) shall be created shall read as follows:
The sounding of any horn(s) and /or warning device(s) on any vehicle, motorcycle,
business, or other such device for an unreasonable period of time may constitute a
violation if not being utilized as a warning device during an emergency or as a
warning to impending danger, injury, or damage.
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SECTION THIRTEEN JMC § 9.36.044 (RADIOS, STEREOS,
MP3s, IPODS, OTHER MUSICAL. DEVICES, TELEVISIONS, AND /OR
MUSICAL INSTRUMENTS) shall be created shall read as follows:
Playing any radio, stereo, MP3s, 'Pods, other musical devices, televisions, and /or
musical instruments designed to produce or reproduce sound in such a manner or
with such volume as to disturb the quiet or comfort of persons nearby or in any
dwelling, care facility, commercial facility, residence, school, or public facility in the
vicinity is a violation herein. The operation of any such device, electronic, and /or
instrument between the hours of 10:00 p.m. and 7:00 a.m. or any time so as to be
plainly audible as assessed in accordance with this Chapter shall be prima facie
evidence of a violation of this Ordinance.
SECTION FOURTEEN; JMC § 9.36.046 (SHOUTING,
SINGING, AND /OR SPEECH) shall be created shall read as follows:
Shouting, singing, speaking whistling, and /or yelling, particularly during the hours of
10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the
quiet or comfort of persons nearby or in any dwelling, care facility, commercial
facility, residence, school or public facility in the vicinity is a violation herein. Such
shall, when plainly audible as assessed in accordance with this Chapter, shall be
prima facie evidence of a violation of this Ordinance.
SECTION FIFTEEN: JMC § 9.36.048 (WASTE AND TRASH
RETRIEVAL AND COMMERCIAL /INDUSTRIAL OPERATIONS) shall be created
shall read as follows:
The loading, unloading, operation, or repair of any commercial or personal waste or
Trash receptacles and /or any commercial or industrial equipment during the hours
of 10 00 p.m. and 7:00 a.m. which causes such a noise level as to annoy or disturb
the quiet or comfort of person(s) nearby or in any dwelling, care facility, commercial
facility, residence, school, or public facility in the vicinity is a violation herein Such
shall, when plainly audible as assessed in accordance with this Chapter, shall be
prima facie evidence of a violation of this Ordinance.
SECTION SIXTEEN: JMC § 9.36.050 (EXCEPTIONS) shall be
created shall read as follows:
The following activities are exempt from the provisions of this
Chapter:
A. Activities conducted by public officials, employees,
and /or representatives on public parks, playgrounds,
property, and public or private school grounds,
including, but not limited to, school athletic and school
entertainment events conducted during the hours of
7:00 a.m. and 10:00 p.m.;
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B. Occasional outdoor gatherings, public dances, shows,
and sporting and entertainment events conducted during the
hours of 7:00 a.m. to 10 00 p.m., provided the events are
conducted pursuant to a permit or license issued by the
appropriate jurisdiction relative to the staging of such events;
C. Activities and emissions of noise from Firing /Shooting
Range(s) as authorized and created during regular business
hours, including those emitted during tournaments and other
competitive activities at the Range(s),
D . Any mechanical device, apparatus, or equipment which
emits a sound, including but not limited to an alarm, siren, bell,
or whistle, related to, used for, or connected with any
emergency machinery, vehicle, work or alarm, provided the
sounding of the mechanical device, apparatus, or equipment
on or near any building or motor vehicle shall terminate its
o peration within Ten (10) minutes of its being activated at or
n ear a location;
E. Noise sources associated with or vibration created by
construction repair, remodeling or grading of any real property
o r during authorized seismic surveys, provided the activities do
not take place between the hours of 10:00 p.m. and 7:00 a.m.
on weekdays and Saturdays or at any time on Sunday or a
legal holiday except in compliance with all applicable provisions
of this Code, and provided the noise level created by such
activities does not exceed the noise standard of Sixty -five
dB(A) (65 dB(A)) plus the limits specified herein as measured
o n residential property and any vibration created does not
e ndanger the public health, welfare and safety;
F. Noise sources associated with the maintenance of
property provided the activities take place between the hours
of7:00am.and 10 00 p m. on any day;
G . Noncommercial public speaking and public assembly
activities conducted on any public space or public right -of -way;
H . Any activity to the extent regulation thereof has been
preempted by state or federal law;
I. The Little Rock Air Force Base; and /or,
J. Noise associated with aircraft outside a regularly
established airport field or landing place as permitted by the
City Council pursuant to applicable provisions of this Code.
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Page Twelve
SECTION SEVENTEEN: JMC § 9.36.060 (ENFORCEMENT) shall
be created shall read as follows:
The Code Enforcement Office and /or the Police Department shall be
responsible for the enforcement of this Chapter.
SECTION EIGHTEEN: JMC § 9.36.070 (PENALTIES) shall be
created shall read as follows:
A. Any person violating any provision of this Chapter shall be deemed
guilty of a misdemeanor and punished by a fine no less Fifty Dollars
($50.00) and no more than Five Hundred Dollars ($500.00), and each
occurrence shall constitute a separate offense.
B. In addition any violation of this Chapter may be deemed a nuisance
and the imposition of any fine hereunder shall not abrogate the right
of the City to cause the abatement of any nuisance, including the use
of injunctive relief.
SECTION NINETEEN: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION TWENTY; This Ordinance shall take effect
immediately upon its passage and publication, as provided by and subject to the
requirements of applicable law.
APPROVED AND ADOPTED THIS LL DAY OF FEBRUARY, 2013.
CITY OF KSONVILLE, ARKANSAS
SUSAN DA VITT, CITY CLERK
FL 7 HER, MAYOR