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HomeMy WebLinkAboutORD 3636Bill 75 ORDINANCE NO. 3636 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 07, ARTICLE 13, SECTION 07-13-03, OF CALDWELL CITY CODE, PERTAINING TO PUBLIC NOISE AND EXCEPTIONS THERETO; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 7, Article 13, Section 07-13-03 of the Caldwell City Code is hereby amended to the following: 07-13-03: PUBLIC NOISE PROHIBITED: Between the hours of eleven o'clock (11:00) P.M. one day and seven o'clock (7:00) A.M. the next day, it shall be unlawful for any person, or business to make, cause, or allow loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. "Loud or offensive noise" is that which is plainly audible within any place of residence, business, hospital, farm property with animals, or restaurants other than the source of the sound at a distance of one hundred fifty feet (150') or more from the source of such sound. There shall be some exceptions to the noise prohibition hours, which shall be as follows: (1) Events planned, coordinated and wholly sponsored and conducted by the city and that are held in Caldwell Memorial Park may exceed the hour of eleven o'clock (11:00) P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o'clock (1:00) A.M. on Fridays and/or Saturdays only. (2) Events or activities, regardless of who plans, sponsors and conducts them, that take place within the downtown core area may exceed the hour of eleven o'clock (11:00) P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o'clock (1:00) A.M. on Fridays and/or Saturdays only. The downtown core area is that area between, and including, the southerly side of Cleveland Boulevard to the southerly side of the railroad tracks and from the westerly side of 5th Avenue to the westerly side of 10th Avenue. 3 Events or activities regardless of who plans, sponsors and conducts them that take place within the Caldwell Event Center area and the Caldwell Entertainment Center area may exceed the hour of eleven o'clock-0 1:004 P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o'clock (1:00) A.M. on Fridays and/or Saturdays only. The Caldwell Event Center area is that area between, and including, the northerly side of Cleveland Boulevard to the southerly side of the railroad tracks and from the easterly side of S 21 st Avenue to the westerly side of E Linden Street. The Caldwell Entertainment Center area is that area between and including the southerly side of the Boise River to Centennial Way, and from the railroad tracks to 1-84. Section 2. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders, and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 4'" day of November 2024. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 4th day of November 2024. Mayor Jarom Wagoner •, -% pV CALp . Po t<' OZ • JAN 15 • ;yV. 189fi O •.,� 0�v ••..... ti ATTEST: ;ty er (or Deputy) ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3636 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 07, ARTICLE 13, SECTION 07-13-03 OF THE CALDWELL CITY CODE, PERTAINING TO THE PUBLIC NOISE AND EXCEPTIONS THERETO; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amend Chapter 7, Articlel3 (Public Noise Prohibited), to add a new exception for the Caldwell Event Center area, the Caldwell Entertainment Center area, and a definition for the boundaries for the Caldwell Event Center and Caldwell Entertainment Center areas. Sections 2 through 4: Provide that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3636 was passed by the Council and approved by the mayor on the 4" day of November 2024. The full text of the Ordinance is available at Caldwell City Hall, 205 S 6' Ave, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 4" day of November 2024, for publication on the 12" day of November 2024, pursuant to Idaho Code § 50-901 A. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3636 and provides adequate notice to the public as to the contents of such ordinance. DATED 4th day of November, 2024 Mark Hilty, Attorney for City of Caldwell