2022-02-22-Agenda - Laserfiche WebLink

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ORDINANCE NO.: AN ORDINANCE TO PROHIBIT NOISE THAT INJURES OR ENDANGERS THE COMFORT, REPOSE, AND PEACE OF OTHERS; AND FOR OTHER PURPOSES WHEREAS, the City of Batesville has the authority to regulate and prohibit unreasonable or excessive noise under Arkansas Code Annotated § 14-54-103 and Arkansas Code Annotated § 5-71-207; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort, and repose of others. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: SECTION 1: Noises Prohibited Generally: The creating of any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare is prohibited. SECTION 2: Order in Liu of Notice of Violation: (a) In lieu of issuing a notice of violation, a Law Enforcement Officer or Code Enforcement Officer responsible for enforcement of any provision of this section may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period. An abatement order shall not be issued when the officer has reason to believe that there will not be compliance with said order. (b) Any violation of any provision of this section shall be cause for a notice of violation to be issued by the law enforcement officer. SECTION 3: Penalty: The violation of any provision of this chapter shall be punished by a fine of not more that $500 or double that sum for each repetition of such violation. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuation thereof shall not exceed $250.00 for each day that the same is unlawfully continued.