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ORDINANCE NO. 55,0
AN ORDINANCE PROHIBITING UNNECESSARYPOISES, WITH MAXIMUM DECIBELS ALLOWED AND
PROVISIONS FOR INFORCMENT AND THE PENALTIES FOR VIOLATING THE SAME.
Section 1 CA) The making and creation of excessive, unnecessary or unusually
loud noises within th_elimits of the City of Fairhope, Alabama, is a condition
which has existed for some time and the extent and volume of such noises is
i ncreasi..ng :
CB) The making, creation o^ maintenance of such excessive unnecessary)
unnatural or unusually loud noises which are prolonged, unusual and unnatural
in their time, place and use affect and are a detriment to the public heal.th,
comfort, convenience, safety, welfare and prosperity of the resrdants of the I
City of Fairhope; and j
(C) The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted, is declared as a matter of
legislative determination and public policy, and it is further declared that
he provisions and prohibitions hereinafter contained and are enacted or in
persueance of and for the purpose of securing and promoting the Public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet
of the City of Fairhope and its inhabitants..
Section 2 It shall be unlawful for aly person to make, continue, or cause to j
be made or continued ay excessive, unnecessarily or unusually loud noise or
any noise which either annoys,.,disturbs, injures or endangers the comfort, repose,
health, peace or safety of others, within the limits of the City of Fairhope.
Section 3 NOISES PROHIBITED -UNNECESSARY NOISE STANDARD. The following acts
among others are declared to be loud, disturbing and unnecessary noises in
violation of this Ordinance, but said enumeration shall not be deemed to be
exclusive, mainly:
(A) HORNS, SIGNALING DEVICES, ETC. The sounding of any horn or signa
ing devise on any automobile, motorcycle, or other.vebicle on any street or
public place in the City, except as a danger warning; the creation by means of
any such signaling devise of any unreasonably loud or harsh sound; and the
sounding of any such devise for an uinecessary and unreasonable period of time.
The use of any signaling devise excerpt me operated by hand or electricity; the
use of any horn, whistle or other devise operated by engine exhaust; and the
use of any -such signaling devise when traffic is for any reason held up.
(B) LOUD SPEAKERS, AMPLIFIERS FOR ADVERTISING. The using, operating or
peomiting to be played, used or operatedof any radio receiving set, musical I
instrument, phonograph, loud speaker, sound amplifier, or other machine or devise
for the producing or reproducing of sound which is on the public streets for th2
purpose of commercial advertis ing or attracting the attention of the public to
any bui.ldi.ng or structure.
(C) YELLING, SHOUTING, ETC. Yelling, shouting, houting, whistling,
or sing ing on the public streets, particularly between the hours of 10:00 p.m.
and 7:00 a.m. or any time or place so as to annoy or disturb the quiet, comfort;
or repose of persons in any office, or in any dwelling, hotel or any other type)
of residence, or of any persons in the vacinity. !
(D) EXHAUST The dicharge into the'open air of the exhaust of any
internal combustion aigine, motor boat or any other motor vehicle except through!
a muffler or other devise which will effectivly prevent loud or explosive noise
therefrom.
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(E) The use of any automobile, motorcycle, motorscooter, go cart, or
any other vehicle so out of repair, or so loaded or in such matter to create
loud and unnecessary grating, grinding, rattling, or other noise, including
excessive noise coming through the exhaust thereof.
(F) EXEMPTIONS The following uses and activities shall:,be exempt from
noise level regulations.
(1) Noises of safety signals, warning devises and emergency pressure
relief valves. 1
(2) Noises resulting from any authorized emergency vehicle, when re-.
sponding to an emergency call or acting in the time of an emergency.
NI:MLQ' MODEL ORDINANCE SERVICE
TABLET - LIMITING NOISE LEVELS'FOR USE DISTRICTS j
Octave band Maximum Permissible Sound Pressure !
Center frequency, (Levels. in Decibels re 0.0002 Microbar� )
Cycles'Per Second
Use Di.stri ct
Residential Commercial Manufacturing
Belov 75
75-1 50
65
79
$0
150-300
60
74
75
300-600
55
66
70
600-1200
55
59
64
1200-2400..
45
53
58
2400-4800..
.45
47
.53
Above 4800
40
41
49
40
49
46
C41 If the noise is not smooth and continuous-, one or more of the
corrections in Table II below shall be'added to or subtracted from each
of the decibel levels_ given i.n Table I of subsection 3 of this section.
TABLE II TYPE OF OPERATION IN .CHARACTER
OF NOISE
(Correction i,n Decibels)
Noise source operated less than 20% of any one -hour period; plus' 5*.
Noise source operated less than 5% of any one -hour period; plus 10*.
Noise source operated less than 1% of any one -hour period; plus;l5*.
Noise of impulsive character (hammering, etc:): mi.nus.5.
Noise of periodic character (hum, screech, etc.): minus 5.
(5) If the noise occurs between the hours of 10 P.M. - 7 A.M. on
onday through. Saturday or at any time on Sunday or Holidays, 7
seven) shall be subtracted from each of the decibel levels given in Table
1 of Subsection 3 of this section.
(D) Motorized Vehicles. It shall be unlawful to operate a motorized
vehicle wi.th.in the City limits which creates a noise -or sound which exceeds
the noise level limits set out in Table III. below.
TABLE III - LIMITING NOISE LEVELS'FOR MOTOR VEHICLES.
(a) Trucks. and buses:
Over 10 000 pounds:
87 d6 A measured at 50
93 dB�A measured at 25
Under 10,000 pounds:
80 dB(A) measured at 50
86 dB(A) measured at.25
(b) Passenger Cars:
. 78 dB(A) measured at 50
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
*Apply one of these corrections only.
MODEL NOISE ORDINANCE
84 dB(A) measured at 25 feet -Maximum Allowable Limit
(c) Motorcylces, including other veh-icles:
87 dB(A) measured at 50 feet -Maximum Allowable Limit
93 dB(A) measured at 25 feet -Maximum Allowable Limit
(3) Any other noise resulting from activities of the temporary duration
permited by law and which a lisence or permit therefore has been granted by the
city in accordance with its ordinances aid laws.
(G) TEST FOR UNLAWFUL NOISE. The standards which shall be considered
in determining whether a•violation of the preceeding Sections exist shall includ
but shall not be.limited'to'the following: -
(1) 'The'volume of the noise.
(2). The intensity of the noise.
C3). Whether the nature of the noise is usual or unusual.
C4)'.'Whether the'origin of the'nois.e is natural or unnatural.
C5) The volume and intensity of the background noise, if any.
(6) The proximity of the noise to residential sleeping facilities.
(7)• The nature and zoning of the area within the noise iminates.
'(8).. The density of inhabitation of the area within which the noise
iminates.
(9). The time of the day orright'.the noise occurs.
(10) The duration of theroise.
(11) Whether the noise is recurrent, intermittent or constant.
(12) Whether the noise is produced by'a commercial or noncommercial
activity.
Section 4 Any person violating any of th.e'provisions of this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in an amount not exceeding $200.00, or e.imprisoned in the City or County
Jail for a period not exceeding six months, or by both fine and imprisonment.
Each day such violation is commi.ted or permitted to continue shall constitute
a separate offense and shall be punishable as'a separate offense and shall be
punishable as hereinabove set out.
Section 5 I:t is the intention of the City Council that each separate provision
of this Ordinance shall be deemed independant of all other provisions herein,
and it is further the intention of the City Council that if any provision of Is
Ordinance be declared invalid, all other provisions thereof shall remain valid
and enforceable, I
This Ordinance shall-take,effect upon its due adoption and publicatjon
as required by.Law. f
ADOPTED THIS THE' -2 "W'' ' DAY OF 1975.
A� ST
�CIT LERK