HomeMy WebLinkAboutORD 2456BILL
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 7 OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL,COUNTY OF CANYON,STATE OF IDAHO,BY ENACTING A
NEW ARTICLE 13,SECTIONS 7-13-1 THROUGH 7-13-6 RELATING TO PUBLIC
NOISE DISTURBANCES;PROVIDING FOR AN EFFECTIVE DATE;REPEALING
ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF IN
CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caliwdl County of Canyon,State
of Idaho:
Section 1.That Chapter 7 of the MUNICIPAL CODE OF THE CITY OF CALDWELL be
amended by adding a new Article 13,Sections 7-13-1 through 7-13-6 as follows:
ARTICLE 13
PUBLIC NOISE DISTURBANCE
SECTION:
7-13-1:Purpose
7-13-2:Definitions
7-13-3:Public Disturbance Noise Prohibited
7-13-4:Loud Amplification Devices upon or within Motor Vehicles Prohibited
7-13-5:Exceptions
7-13-6:Penalty
7-13-1:PURPOSE:The purpose of this Article is the protection of the health,safety,
and welfare of the residents of the City.It is determined that sound can and does constitute a
hazard to the health,safety,welfare,and quality of life of residents of the City.The Mayor and
Council,by way of Idaho Code Section 50-308 are empowered to impose reasonable limitations
and regulations upon the production of sound to reduce the harmful effect thereof.Now,
therefore,it is hereafter the policy of this City to prevent and regulate sound generated by loud
amplification devices wherever it is deemed to be harmful to the health,safety,welfare,or
quality of life of the residents of the City,and this Article shall be liberally construed to
effectuate that purpose.
7-13-2:DEFINITIONS:For the purpose of this Article,the following definitions shall
apply:
City:Caldwell City,Idaho,or the area within the city of Caldwell City,Idaho.
Common Area(s):The area of a facility,complex,apartment unit,hotel,motel
or the like that are open either to the general public or persons with the permission
of the owner or agent of the owner of the area.This definition would include,but
not be limited to,the following:swimming pools,restaurants,patios,hot tubs,
saunas,laundry rooms, meeting rooms,lobbies,lounges,bars,and other areas
within the facility that are either construed or designed for use in this manner.
Loud Amplification Device:Any equipment designed or used for sound
production,reproduction,or amplification,including,but not limited to,any
radio,television,phonograph,musical instrument,stereo,tape player,compact
disc player,loud speaker,public address (P.A.)system,sound amplifier,or
comparable sound broadcasting device.
Person:Any individual,association,organization,or entity having legally
recognized existence,whether public or private.
Place of Residence:Any building or portion thereof adapted or used and
intended for the overnight accommodation of persons.In the event the building is
used for multiple individual units (i.e.,apartment,condominium,hotel,motel,
duplex,triplex,etc.),each individual until shall be considered a separate residence
for the purpose of this Article.
Plainly Audible:Sound for which the information content is clearly
communicated to the listener,including,but not limited to,understandable spoken
speech,comprehension of whether a voice is raised or normal,comprehensible
musical rhythms,melody,or instrumentation,and the source of which is
identifiable to the listener.
7-13-3:PUBLIC DISTURBANCE NOISE PROHIBITED:Between the hours of
11:00 P.M.one day and 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 or 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,or upon a public right-of-way or street at a distance of 100 feet or more
from the source of such sound.
7-13-4:LOUD AMPLIFICATION DEVICES UPON OR WITHIN MOTOR
VEHICLES PROHIBITED:It shall be unlawful for any person to operate or permit the
operation of any loud amplification device upon or within a motor vehicle in such a manner that
the sound therefrom is plainly audible upon a public right-of-way or street at a distance of 50 feet
or more from the source of the sound.
7-13-5:EXCEPTIONS:The following sound are exempted from the provisions of this
Article:
A)Sounds caused by an emergency vehicle or personnel when responding to an emergency
call or acting in time of emergency.
B)Sounds caused by activities upon any municipal,school,religious,or publicly owned
property or facility provided that such activities have been authorized by the owner of
such property or facility or its agent.
C)Sounds caused by parades,fireworks displays,or any other event for which a permit for
the activity is required and has been obtained from the authorized governmental entity
within such hours as may be imposed as a condition for the issuance of said permit.
D)Sounds caused by locomotives or other railroad equipment.
E)Sounds caused by burglar alarms that are not in violation of Caldwell City Code.
F)Sounds caused by safety warning devices required by law.
G)Sounds caused by devices approved for use within the confines of the particular zoning
designation that the device is located or pursuant to a conditional use permit (i.e.,drive-
thru window speakers,ice cream vendors,car lot P.A.systems).
H)Sounds emanating from devices used within the common areas of a multi-unit facility
whose use has been approved by the owners or management of the facility.Said use
must be in compliance with any regulations imposed by the owners or management of the
facility to be exempt under this Article.This exemption only applies in relation to other
units within the same facility.
I)Sound created by or the result of regular business activities in areas appropriately zoned
for such activities.This exception includes,without limitation,regular industrial and
flight operations at the Caldwell Industrial Airport.
7-13-6:PENALTY:A violation of any provision on this Title shall be a misdemeanor.
Section 2.This Ordinance shall be in full force and effect from and after its passage,approval,
and publication,according to law.
Section 3.All ordinances,resolutions,orders and parts thereof in conflict herewith are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL,IDAHO,this
,2003.
day of
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO,this
of Jfl2=£9-*_,2003.f^f—
day
ATTEST:
Mayo Q»ty Clerk\