HomeMy WebLinkAbout2003-07-01 Or L 4
• ORDINANCE 4OQ3-1-/
AN ORDINANCE REGULATING EXCESSIVE LOUD NOISES BY USE OF
SOUND AMPLIFICATION SYSTEMS FROM MOTOR VEHICLES WITHIN
THE CITY OF BATESVILLE, ARKANSAS, DECLARING A PENALTY FOR A
VIOLATION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, it is the intent of the city council to prevent certain loud noises within the
City of Batesville without infringing upon the rights of the city's inhabitants and visitors;
and
WHEREAS, it has been determined that such noises as described below have been
determined to be a problem to the public peace and welfare within the City of Batesville.
BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF BATESVILLE,
ARKANSAS:
SECTION 1. No person operating or occupying a motor vehicle on any street, alley,
parking lot, or driveway, either public or private property, shall operate or permit the
operation of any sound amplification system, including but not limited to, any radio, tape
player, compact disc player, loud speaker, or any other electrical device used for the
® amplification of sound from a motor vehicle so that the sound is plainly audible at a
distance of fifty or more feet from the vehicle. For the purpose of clarification, "plainly
audible"means any sound described herein which clearly can be heard, by unimpaired
auditory senses based on a direct line of fifty or more feet, however, words or phrases
need not be discernible and said sound shall include bass reverberation.
SECTION 2. This ordinance is expressly limited to motor vehicles with sound
amplification systems. Motor vehicles are herein described, for purposes of this
ordinance, as vehicles, which transport passengers.
SECTION 3. In the event of situations unforeseen and requiring special attention, the
mayor or his or her designated agent may issue a special permit. In granting relief,
consideration shall only be given within the intent of this ordinance and this is defined as
disturbing the peace and public welfare from a motor vehicle within reasonable issues.
SECTION 4. Any person violating any provision of this ordinance shall be deemed
guilty of a misdemeanor and punished by a fine of not less than$100.00 and not more
than $250.00 and if such violation continues, each day's violation shall be a separate
offense by the appropriate court.
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SECTION 5. SEVERABILITY. If any part of this ordinance shall be held void, such
part shall be deemed severable, and the invalidity thereof shall not.affect the remaining
parts of this ordinance.
SECTION 6. All ordinances and parts of ordinances in conflict with this ordinance are
hereby repealed.
SECTION 7. Due to this ordinance becoming effective on a timely basis, an emergency
is declared to exist and this ordinance being necessary for the public peace, welfare and
safety shall be effective from and after its passage.
ADOPTED THIS lei day of , 2003
Mayor
ATTEST:
City Clerk