0974
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ORDINANCE NO. 974 (#13-92)
AN ORDINANCE PROHIBITING THE EMISSION
SOUNDS WITHIN THE CITY OF JACKSONVILLE,
AN EMERGENCY; AND, FOR OTHER PURPOSES.
OF LOUD AND RAUCOUS
ARKANSAS; DECLARING
WHEREAS, the emission of loud and raucous noise
interferes with the peaceful enjoyment and use of private and
public property within the City of Jacksonville; and,
WHEREAS, the emission of
unnecessary noise constitutes
community well-being; and,
such loud, raucous,
a hazard to citizen
and
and
WHEREAS, it is in the public interest, health, safety,
and welfare that the City Council of the City of
Jacksonville, Arkansas, exercise legislative determination
and enact prohibitions against such noises to secure and
promote the legitimate public interest of health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The Jacksonville Municipal Code shall be
amended to include the following provisions:
It shall be unlawful for any person to willfully make,
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 the comfort, health, peace,
or safety of reasonable persons of ordinary sensibilities
within the city limits of the City of Jacksonville.
Application of these terms shall be limited to loud and
raucous noise heard upon the public streets, public parks,
any school or public buildings or grounds, any church or
hospital or grounds, any parking lot open to members of the
public as invitees or licenses, or any occupied residential
unit or grounds which is not the source of the noise.
Determination of such shall be in any event made from a
location not less than twenty (20) feet from the souroe of
the noise, to be measured in a straight line from the radio,
loudspeaker, motor, horn, or other noise source.
Exceptions to the terms of this Ordinance shall be those
sounds or noises emitted for purposes to include emergency
vehicles, sirens, warnings, or notices, church bells, train
whistles and crossing alarms, school alarms, bells, and those
noises emitted for celebration purposes during civic, church,
community, school activities, and national holidays.
SECTION TWO: Primia facie evidence of a violation of
this Ordinance shall be provided through testimony from
parties witnessing and hearing the emission of loud or
raucous noises from horns, signalli~g devices, radios,
stereos, amplifiers, loud speakers, or any such noise which
exceeds the level of seventy (70) decibels from a distance of
no less than twenty (20) feet from the source of said noise.
SECTION THREE: Any person who violates any provision of
this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction in Municipal Court 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). Each time
the terms of this Ordinance are violated constitutes a
separate offense.
loB
In the event a person convicted of a violation of this
Ordinance continues such conduct, said continuation shall
constitute a nuisance. The Chief of Police, or his
authorized agents, is authorized to take the appropriate
steps necessary to abate the nuisance, to include filing
charges and seeking proper orders from the Municipal Court to
adequately ensure such violations do not occur in the future.
SECTION FOUR: Separab~lity. It is the intention of the
Jacksonville City Council that each separate provision of
this Ordinance be deemed independent of all other provisions
herein. It is further intended that, if any provision of
this Ordinance be declared invalid, all other provisions
thereof remain valid and enforceable.
SECTION FIVE: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION SIX: Immediate implementation of the terms of
this Ordinance are necessary to the peace, health, safety,
and welfare of the citizens of Jacksonville. Therefore, an
emergency is hereby declared and this Ordinance shall take
effect immediately upon its passage and publication, as
provided by and subject to applicable law.
APPROVED AND ADOPTED THIS ~/~ DAY OF MAY, 1992.
CITY OF JACKSONVILLE, ARKANSAS
-- I ('l ~~ ~ :;< tA.JO
TOMMY SWAIM, M/YOR
A1TEST:
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LotA M. LEONARn( CITY CLERK
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ROBERT\ E. BAMBURG, (19' ATTOC'J