HomeMy WebLinkAbout02/2022 FAILED 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 Lieu 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 law enforcement 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.
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SECTION 4: Repealing Clause:
All other ordinances and parts of ordinances in conflict herewith are hereby
repealed. That this ordinance is not meant to repeal No. 2003-7-1 which deals with
sound amplification in motor vehicles;
SECTION 5: Severability Clause:
In the event any part of this ordinance is declared inoperative or invalid as a
result of statute or judicial decision, then only that portion expressly so declared to be
inoperative or invalid shall be affected thereby and all other provisions hereof shall
remain in full force and effect.
SECTION 6: Emergency Clause:
That the City Council of the City of Batesville, Arkansas further determines that
it is necessary for the comfort, repose, and peace of the citizens to adopt regulations
that prohibit unreasonable and excessive noise within the city boundaries; therefore,
an emergency is hereby declared to exist and this ordinance shall be in full force and
effect from and after the ordinance has been published as required by law.
PASSED AND APPROVED this day of February, 2022.
Rick Elumbaugh, Mayor
ATTEST:
Y
Denise Johnston, City Clerk
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