HomeMy WebLinkAboutO-1100ORDINANCE NO. 1100
AN ORDINANCE TO AMEND ORDINANCE 554, SECTION 12-5
ADOPTED JULY 28, 1975, AT CHAPTER 12,
HEALTH AND SANITATION,
Section 1. That Chapter 12, HEALTH AND SANITATION, of Code of
Ordinances, adopted July 28, 1975 be and it is hereby amended by rewriting Section 12-
5 in its entirety. Section 12-5 shall read as follows:
CHAPTER 12 HEALTH AND SANITATION
Section 12-5.1. Unreasonable Noise or Vibration Generally Prohibited.
(A) It shall be unlawful for any person to make, cause, or, on premises under
his or her legal control, permit to be made any unreasonable noise or
vibration audible or perceptible within the corporate limits or police
jurisdiction of the City, including the waters lying within such areas.
(B) For purposes of this Section 12-5.1, "unreasonable noise or vibration" is
defined to mean any unreasonably loud, raucous, or jarring sound or
vibration which is not constitutionally protected speech in form and
scope of audibility and which, under the circumstances of time, place,
and manner in which it produced an audible or perceptibly annoys,
disturbs, injures, or endangers the comfort, repose, health, peace, or
safety of reasonable person of normal sensitivities within the area of the
audibility or perceptibility or the noise or vibration without the consent
of such person.
Section 12-5.2. Unreasonable Use of Sound Reproduction Devices in Public
Areas.
(A) It shall be unlawful for any person or persons to play, use, operate, or
permit to be played, used or operated any radio, tape recorder, cassette
player, or other machine or devices for reproducing sound (i) if the
machine or device is located in or on any public property, including any
public street, highway, building, beach, parking lot, sidewalk, park, or
thoroughfare or located in or on any motor vehicle on a public street,
highway, or public space and (ii) if the sound generated by such machine
or device is audible at a distance of 30 feet from the machine or device
producing the sound.
(B) This Section 12-5.2 shall not be construed to regulate the initial
production or amplification of sound, and the direct amplification of the
human voice or music through the use of bullhorns or amplifiers is not
regulated under this Section 15-2.
Ordinance No. 1100
Noise Ordinance
Page -2-
Section 12-5.3. Penalties for Violations. Any person violating any provision of
Section 12-5.1(a) or Section 12-5.2(a) of the Code of Ordinances shall be guilty
of an offense against the City and shall upon conviction be subject to
punishment for each such offense as provided in Section 1-8 of the Code of
Ordinances. Where discrete conduct by a person separately and simultaneously
violates both violation in the alternative under both sections, but such conduct
shall be punishable only as an offense under Section 12-5.1(a) or Section 12-
5.2(a) and not as an offense under both sections simultaneously.
Section 2. That the provisions of this Ordinance are severable and the invalidity
or unenforceability of any part of this Ordinance shall not affect the
enforceability and validity of any other portion.
Section 3. That Ordinance No. 554, Section 12-5 of the City of Fairhope is
hereby repealed.
Section 4. That this Ordinance shall become effective upon its adoption and
publication as required by law.
ADOPTED this 81h day of JanuaLy 2001.
ATTEST:
Geniece W. J
This is to certify that the attac`,ed legal notice!adverisament
ac^eared in:
C The Baldwin Times, Bay Minute. AL
C The Bulletin. Daphne, AL
C —'a r3ir"cce Ceurer. AL
r TrAL
'^
"a Isla.n Gulf Si^CraS. A._
The L_ —.-. ci:ar-c LiiIia =L
Gulf ,,jcist Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
Stag of Alabama MY COMMISSION EXPIRES MAY 22, 2002
Ccunty of Bald,.vin
Sworn to and subscribed 'before me
this �S—
day .:f
20 D
Onicoker, ORDTNANCENO. ttnn
The Islander, and The Bulletin) AN ORDINANCE TO AMEND ORDINANCE 554,SECTION I2-5
ADOPTED JULY 28, 1975. AT CHAPTER 12,
P_;t-licaticn Data C=: 'Ncrds,'inc.`ies x rats t HEALTH AND SANITATION,
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Section 1. That Chapter 12. HEALTH AND SANITATION, of Code of Ordinances,
udoptcd July 28, 1975 be and it is hereby amended by rewriting Section 12-5 in its entirety.
Section 12-5 shall read as follows:
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CHAPTER 12 HEALTH AND SANITATION
Section 12.5.1. Unreasonable Noise or Vibrating Gencrilly Prohibited,
(A) ]t shall be unlawful for any person to make, cause, or, on premises under his or
her legal control, permit to be made any unreasonable noise or vibration audible
or perceptible within the corporate limits or police jurisdiction of the City,
including the waters lying within such areas.
(B) For purposes of this Section 12-5.1. "unreasonable noise or vibration" is defined
to mean any unreasonably loud, raucous, or jarring sound or vibration which is
not constitutionally protected speech in form and scope of audibility and which,
under the circumstances of time, place, and manner in which it produced an
audible or perceptibly annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, or safety of reasonable person of normal Sensitivities within the
area of the audibility or perceptibility or the noise or vibration without the consent
of such person.
Section 12-5.2. Unreasgnahle Use orSound Renrnduction Devices in Public areas I
(A) It shnll be ttnlnwful for nny person or persons to piny, use, operate, or permit to be
-- — played, used or operated any radio, tape recorder, cassette player, or other
machine or devices for reproducing sound (i) if the machine or device is located
in or on any public property, including any public street, highway, building,
beach, parking lot, sidewalk, park, or thoroughfare or located in or on any motor
vehicle on a public street, highway, or public space and 60 if the sound gencruted
by such machine or device is audible at a distance of 30 feet from the machine or
r device producing the sound. t
I(D) This Section 12-5.2 shall not be construed to regulate the initial production or
amplification of sound, and the direct amplification of the human voice or music
I through the use of bullhoms.or amplifiers is not regulated under this Section 15-2.
r--
Section 12-5.3. Pennitieq forVioltifinns Any person violating any provision o Sectioa '
12-5.1(a) or Section 12-5.2(a) of the Codc of, Ord^iMMGL% shall be guilty of an offense
uguinst the City and shall upon conviction be subject to punishment for each such of%nse
t as provided in Section 1-11 of the Code of Ordinances, Where discrete conduct by a
person separately and simultaneously violates both violation in the alternative under bolb .
sections, but such conduct shall be punishable only as an offense under Section 12-5.1(0)
or Section 12.5 2(u) and not as an offense under both sections simultaneously.
Section 2. TIM the provisions of this Ordinance are severable and the invalidity or
unenforccability of any part of this Ordinance shall not affect the enforceability and validity of
any other portion.
Section-3 That Ordinunce No. 554, Section 12-5 of the City of Frirhope is hereby
repealed.
Section 4 That this Ordinance shall become effective upon its adoption and publication
I us required by law.
ADOPTED this eth day of ,lanuary .2001.
t ATTEST: Timothy Kuril, Mayor I
I
Geniece W. Johnso ity Clerk C-1.13