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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. Ordinance No. 1477 ( #8 -2013) 0C )1,70 Page Two 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. 0001:1. a .i.. Ordinance Na 1477 ( #8 -2013) Page Three 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. Ordinance No. 1477 ( #8 -2013) Page Four f10 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) Ordinance Na 1477 ( #8 -2013) Page Five 'Jt,,A,v3 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: Ordinance No, 1477 ( #8 -2013) Page Six 0001;:4 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) Ordinance No. 1477 ( #8 -2013) Page Seven 0001;L:3 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) Page Eight 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 Ordinance Na 1477 ( #8 -2013) Page Nine 0001C47 01C4 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. Ordinance Na 1477 ( #8 -2013) 000 8 Page Ten 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.; Ordinance No. 1477 ( #8 -2013) Page Eleven 00 1.L9 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. COCA :0 Ordinance Na 1477 ( #8 -2013) 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