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