Sections:
7.42.01 Purpose
7.42.02 Findings
7.42.03 Scope
7.42.04 Definitions
7.42.05 General prohibition
7.42.06 Noises prohibited
7.42.07 Exemptions
7.42.08 Penalties
7.42.09 Severability
7.42.10 Saving clause
7.42.11 Emergency clause
7.42.01 Purpose. This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quite of the citizens of the city of Mayflower through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injuries, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. (Ord. No. 2003-3, Sec. 1.)
7.42.02 Findings
A. Loud and raucous noise degrades the environment of the city of Mayflower to a degree that:
1. It is harmful to the health, welfare, and safety of its inhabitants and visitors;
2. Interferes with the comfortable enjoyment of life and property;
3. Interferes with the well-bring, tranquility, and privacy of the home; and
4. Both causes and aggravates health problems.
B. Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the city of Mayflower’s inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication.
C. The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of inhabitants of, and visitors to, the city of Mayflower.
D. Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary to the physical and commercial vitality of the city of Mayflower. (Ord. No. 2003-3, Sec. 2.)
7.42.03 Scope. This ordinance applies to the control of all sound originating within the jurisdictional limits of the city of Mayflower. (Ord. No. 2003-3, Sec. 3.)
7.42.04 Definitions
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
Local government manager means the Mayor of the city of Mayflower or the Mayor’s designee.
Noise sensitive area includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.
Person means any individual, firm, association, partnership, joint venture, or corporation.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public, including but not limited to a government entity.
Public space means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.
Residential area means any real property which contains a structure or building in which one or more persons reside, provided that the structures or building is properly zoned, or is legally non-conforming, for residential use in accordance with the terms and maps of the city of Mayflower’s zoning ordinance. (Ord. No. 2003-3, Sec. 4.)
7.42.05 General prohibition
A. No person shall make, continue, or cause to be made or continued:
- Any unreasonably loud or raucous noise; or
- Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city of Mayflower; or
- Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guest, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
B. Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
- The proximity of the sound to sleeping facilities, whether residential or commercial;
- The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
- The time of day or night the sound occurs;
- The duration of the sound; and
- Whether the sound is recurrent, intermittent, or constant.
(Ord. No. 2003-3, Sec. 5.)
7.42.06 Noises prohibited. The following acts are declared to be per se violations of this ordinance. This enumeration does not constitute an exclusive list:
A. Unreasonable noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotions or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent places of business are exempt from the provision.
B. Vehicle horns. signaling devices, and similar devices The sounding of any horn, signaling device, or other similar device, on an automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city of Mayflower, for more than ten (10) consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning device is exempt from this prohibition.
C. Non-emergency signaling devices. Sounding or permitting sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten (10) consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the city of Mayflower for traffic control purposes are exempt from this provision.
D. Emergency signaling devices. This intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in Subsection (1) and (2) below.
1.Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test exceed five (5) minutes. Testing of an emergency signaling system shall not occur more than once in each calendar month.
2. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within fifteen (15) minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this ordinance.
E. Radios, televisions. boomboxes, phonographs, stereos. musical instruments and similar devices. The use of operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and one of those who are voluntarily listing to the sound, and which unreasonably disturbs the peace, quite, and comfort of neighbors and passers-by or is plainly audible at a distance of fifty (50) feet from any person in a commercial, industrial area, or public place. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and one those who are voluntarily listing to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multi-family or single family dwellings.
F. Loudspeakers, amplifiers, public address systems, and similar devices. The unreasonable loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other such device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:
1. Within or adjacent to residential or noise-sensitive areas;
2. Within public space if the sound is plainly audible across the real property
line of the public space from which the sound emanates, and is
unreasonably loud and raucous.
This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the city of Mayflower.
G. Yelling, shouting and similar activities. Yelling, shouting hooting, whistling, or singing in residential or noise-sensitive areas or in public places between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities.
H. Animals and birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animal shelters, kennels, veterinary hospital, pet shops or pet kennels licensed under and in compliance with licensing and permission
provisions set forth in this code are exempt from this section.
I. Loading or unloading merchandise. material, equipment The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.
J. Construction or repair of buildings, excavation of streets and highways The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the house of 7:00 a.m. and 7:00 p.m. on weekdays is prohibited. In case of emergency, construction or repair noises are exempt from this provision. In non-emergency situations, a Building Inspector for the city of Mayflower may issue a permit, upon application if the Building Inspector of the city of Mayflower determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 a.m. and 7:00 pm. will not be impaired, and if the Building Inspector of the city of Mayflower further determines that loss or inconvenience would result to a party in interest. The permit shall grant permission in non-emergency cases for a period of not more than three (3) days. The permit may be renewed once for period of three (3) days or less.
K. Noise sensitive areas – schools. courts, churches. hospitals, and similar institutions The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions, provided that conspicuous signs delineating the boundaries of the noise sensitive
area are displayed in the streets surrounding the noise sensitive areas.
L. Blowers and similar devices In residential or noise sensitive areas between the hours of 7:00 p.m. and 7:00 a.m. the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates.
M. Commercial establishments adjacent to residential property Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment between the hours of 10:00 p.m. and 7:00 a.m. which is plainly audible at a distance of five (5) feet from any residential property. (Ord. No. 2003-3, Sec. 6.)
7.42.07 Exemptions. Sounds caused by the following are exempt from the prohibitions set out in 11.00.06 and are in addition to the exemptions specifically set forth in 11.00.06.
A. Motor vehicles on traffic ways of the city of Mayflower provided that the prohibition of 11 .00.06(B) continues to apply.
B. Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.
C. Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in 1l.00.06(D) continues to apply.
D. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
E. Repairs or excavations of bridges, streets or highways by or on behalf of the city of Mayflower, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m. when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
F. Outdoor school and playground activities Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events.
G. Other outdoor events Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting agency. (Ord. No. 2003-3, Sec. 7.)
7.42.08 Enforcement
A. The following individuals shall enforce this ordinance: The city of Mayflower Police Chief will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this ordinance shall prevent the city of Mayflower Chief of Police from obtaining voluntary compliance by way of warning, notice or education.
B. If a person’s conduct would otherwise violate this ordinance and consist of speech or communication; of a gathering with others to hear or observe speech or communication; or a gathering with others to picket or otherwise express in a non-violent manner a position on social, economic, political or religious
questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued. (Ord. No. 2003-3, Sec. 8.)
7.42.09 Penalties
A. A person who violates a provision of this ordinance is guilty of a misdemeanor which is punishable by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment not to exceed sixty (60) days or both.
B. Each occurrence of a violation or in the case of continuous violations, each day a violation occurs or continues, constitutes s separate offense and may be punished separately. (Ord. No. 2003-3, Sec. 9.)
7.42.10 Severability clause. A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part of this ordinance shall not affect the validity of the remaining parts of this ordinance. (Ord. No. 2003-3, Sec. 10.)
7.42.11 Saving clause. A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which is started within one (1) year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance, shall be tried and determined exactly as if the ordinance has not been repealed. (Ord. No. 2003-3, Sec. 11.)
