HomeMy WebLinkAboutO-1458ORDINANCE NO. 1458
AN ORDINANCE TO AMEND CHAPTER 12, ARTICLE I,
DIVISION I, THE CITY OF FAIRHOPE'S NOISE ORDINANCE,
ORD. NO. 1443, SECTION 12-4 (c), 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, Ordinance No. 1443,
Chapter 12, Article I, Division I, Section 12-4, is hereby amended to reflect the
following changes and additions:
Section 12-4. Noise in Residential Districts.
Amend the following:
(c) Noise in residential districts restricted.
(1) Generally. It shall be unlawful for any person to use, operate, or permit to be used or
operated, any device, radio, musical instrument, television, phonograph, drum, sound amplifying
equipment or device which produces or reproduces sound, either stationary or mobile, in such a
manner so as to create any continuous noise which exceeds 65 db(a) during the hours of 6:00 a.m.
until 10:00 p.m. and 50 db(a) during the hours from 10:00 p.m. until 6:00 a.m. at the corner of
residence nearest the source of the sound within a residential district or upon any public street or
right-of-way within, or bordering upon, any residential district within the corporate limits of the
City.
(2) Loud or raucous sounds or noises. It shall be unlawful for any person to willfully make
or cause a continuous noise which disturbs the peace or quiet of any residential district and which
exceeds 65 db(a) during the hours of 6:00 a.m. until 10:00 p.m. and 50 db(a) during the hours
from 10:00 p.m. until 6:00 a.m. at the corner of residence nearest the source of the sound within a
residential district or upon any public street or right-of-way within, or bordering upon, any
residential district within the corporate limits of the City.
Any person creating any such sound or noise as described in this section and/or anyone
permitting such a sound or noise to be created in, or emanate from, any premises under his/her
care, custody or control, shall be presumed responsible for any such sound or noise.
Section 2. The Balance of Section 12-4 remains as written and codified.
Section 3. 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 4. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
EV OIC.yllli
ADOPTED THIS 24TH DAY OF OCTOBER, 2011
Mayor Kant vetoed 10/28/2011
Timothy Kant, Mayor
Council did not vote to
Overturn Veto on Nov. 14, 201
Lisa A. Hanks, MMC
City Clerk
ORDINANCE COVERSHEET
❑ TEMPORARY ORDINANCE NUMBER
❑ DESCRIPTION OF ORDINANCE
❑ PASSED BY GOVERNING BODY OG�Cobey —74A620/(
❑ FORWARD TO MAYOR l0� �o2p
❑ EXPIRES 10 DAYS AFTER DATE OF PASSAGE/3�1D/l
<DISAPPROVED
ROVED BY MAYOR
BY MAYOR
OBJECTIONS �D- 27 " //
❑ RETURNED TO CITY CLERK � �%�vd
PERMANENT ASSIGNED ORDINANCE NUMBER