HomeMy WebLinkAboutORD 2877BILL NO. 18
ORDINANCE NO. 2877
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 13, SECTION 3 OF THE
CALDWELL CITY CODE REGARDING THE PROHIBITION OF PUBLIC NOISE;
PROVIDING FOR 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. Chapter 7, Article 13, Section 3 of the Caldwell City Code, regarding Public Noise
Prohibited, shall be amended as follows:
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, or upon
,. , r g M of ,. ay s + at a distance of one hundred fift 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:
A. Events planned, coordinated and wholly ponsored and conducted by the City
that are held in Caldwell Memorial Park may exceed the hour of eleven o'clock
(1.1:00) 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.
B. Events or activities. reeardless 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 5 th Avenue to the westerly side of 10 Avenue.
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
BILL No. 18 (ORD. No. 2877) PUBLIC NOISE PROHIBITED PAGE 1 OF 2
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval
and publication, according to law.
Section 4. 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.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this � day of unp 2011.
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APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO
this ' 2(D' Jrl& f day of , 2011.
ATTEST:
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Garret Nancolas, Mayor Debbie Geyer, City Cler
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BILL No. 18 (O D. No. 2877) PUBLIC NOISE PROHIBITED PAGE 2 of 2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2877
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 7, ARTICLE 13, SECTION 3 OF THE CALDWELL CITY CODE REGARDING
THE PROHIBITION OF PUBLIC NOISE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
Section 1: Amends Chapter 7, Article 13, Section 3 of the Caldwell City Code, regarding the
Prohibition of Public Noise, as follows:
(1) Increases the distance for "plainly audible loud or offensive noise" from one hundred feet to
one hundred fifty feet.
(2) Adds an exception to the prohibition of public noise after 11:00 p.m. in Caldwell Memorial
Park as follows: events in Caldwell Memorial Park that are planned, coordinated and wholly
sponsored and conducted by the City of Caldwell may exceed the hour of 11:00 p.m. for loud
noise as defined herein and may continue to 1:00 a.m. on Fridays and/or Saturdays only.
(3) Adds an exception to the prohibition of public noise after 11:00 p.m. in the downtown core area
as follows: events or activities, regardless of sponsorship or who conducts them, may continue
to 1:00 a.m. on Fridays and/or Saturdays only, and only in the downtown core area defined as
that area between and including the southerly side of Cleveland to the southerly side of the
railroad tracks and from the westerly side of 5th Avenue to the westerly side of 10 Avenue.
Section 2: Repeals conflicting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4: Provides for severability.
Ordinance No. 2877 provides an effective date, which shall be when published in the Idaho Press
Tribune on the 24 day of June, 2011. Ordinance No. 2877 was passed by the Council and approved
by the Mayor on the 20 day of June, 2011. The full text of the Ordinance is available at Caldwell
Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summary on the 20 day of June, 2011 for publication on the 24 day
of June, 2011, pursuant to Idaho Code 50 -901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR:
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2877 and provides adequate notice to the public as to
the contents of such ordinance. n
DATED this 20' day of Ji
Mark Hilty, Attorney for (