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Home My WebLink AboutO-1401ORDINANCE NO. 1401 AN ORDINANCE TO AMEND AND ADD TO ARTICLE I, IN GENERAL, SECTIONS 12-3, 12-4, 12-5.1, 12-5.2 AND 12-5.3, RELATING TO THE NOISE SECTION, FAIRHOPE CODE OF ORDINANCES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinances, City of Fairhope, Alabama, Article I, Sections 12-3, 12-4, 12-5.1, 12-5.2, and 12-5.3, are hereby amended to reflect the following changes and additions: Article I. — Division 1. IN GENERAL Section 12-3. Noise —General prohibition It shall be unlawful for any person to make, continue, or cause to be made or continued any 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 police jurisdiction. Section 12-4. Same —Specific prohibitions; exemptions. (a) Prohibited noises: The following acts among others are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but said enumeration shall not be deemed to be exclusive: (1) Musical instruments, radios, televisions, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, television set, musical instrument, phonograph, or other machine or device for the producing, amplifying or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The operation of any such instrument, phonograph, radio, machine or device, in such a manner as to be plainly audible within the confines of a structure, shall be prima facie evidence of a violation of this section. (2) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or in any public place in the police jurisdiction, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unreasonable period of time; the use of any signaling device except one 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 device when traffic is for any reason held up. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio or television set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is on the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. Ordinance No. 1401 Page — 2 — (4) Exhaust. The discharge into the open air of the exhaust of any internal combustion engine, motor boat or any other motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises. (5) Vehicles out of repair, etc. The use of any automobile, motorcycle, motorscooter, go cart, or any other vehicle so out of repair, or so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise, including excessive noise coming through the exhaust. (b) Exemptions: The following uses and activities shall be exempt from noise level regulations: (1) Noises of safety signals, warning devices and emergency pressure relief valves. (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in the time of an emergency. (3) Any other noise resulting from activities of temporary duration permitted by law and for which a license or permit has been granted by the city in accordance with its ordinances and laws. (4) Noise resulting from radio, television set, musical instrument, phonograph, or other machine or device for the producing, amplifying or reproducing of sound which is expected to be audible by establishments that utilize some form of these devices for the purpose of entertainment or enticement in regard to their establishment, by residents residing within the Central Business District as defined. 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. (b) For purposes of this section 12-5.1, "unreasonable noise or vibration" is defined to mean any loud, raucous, or jarring sound or vibration which is not constitutionally protected speech and which is plainly audible within the confines of a structure. Section 12-5.2. Special Events (a) Any individual, business and/or group who plan to host an event that will not adhere to the rules and regulations as outlined in this ordinance and is not on a holiday as defined in the ordinance shall be allowed to obtain two (2) special event permits each year with permission from the City of Fairhope. Holidays, as defined in the ordinance are: New Years Eve/New Year Day, Mardi Gras (dates specific to each parading organization permitted by the City of Fairhope, including Mardi Gras Day), St. Patrick's Day, Arts and Crafts (third weekend of March each year, Friday and Saturday only), Cinco de Mayo, Thanksgiving Day, Christmas Eve/Christmas Day, and the Fourth of July. Ordinance No. 1401 Page — 3 — (b) The individual, business and/or group must complete an application with specifics on the requested event and must have written permission of two-thirds (2/3) of businesses/residents within three hundred (300) feet of said event and one hundred (100) percent of the businesses/residents within three hundred (300) feet of said event must be notified of the event. Application, petition and/or written permission, and notifications must be submitted to the City of Fairhope eight (8) weeks prior to the event. (c) These events will require review by the Chief of Police or his/her designee to determine if security is to be provided. If it is determined that security is needed, it must be provided thirty (30) minutes prior to the event and one hour after the event ends. Section 12-5.3. Penalties for violations. Any person violating any provision of Section 12-3, 12-4, 12-5.1, and 12-5.2 of the Code of Ordinances shall be guilty of an offense against the city and shall be punished by a fine not less than two hundred dollars ($200.00) on a first offense. Subsequent or repeated violations shall subject the violator to arrest and shall be punishable by a fine not less than five hundred dollars ($500.00) and/or six (6) months in the Fairhope City Jail. A citation shall be issued for a first offense. Subsequent and repeated violations will result in arrest. Each violation shall be a separate offense. The person in charge of the premises at the time of the violation shall be deemed the person responsible for the violation under this article. Section 2. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF OCTOBER, 2009 ATTEST: isa4A.an� s, ity Clerk