[Ord. No. 02-075 §§1—3, 5-29-2002]
A.
While
in park or recreational areas, residential or commercial zoning areas,
or in any area where residences, schools, human service facilities
or commercial establishments are in obvious proximity to the source
of sound from a portable or vehicle audio device, it shall be unlawful
for any person to cause, make or allow to be made from such audio
equipment under such person's control or ownership the following:
1.
Sound from a motor vehicle system, such as a radio, tape player,
compact disc player, DVD or mini-DVD player system or digital sound
device or other device capable of emitting sound in a similar fashion,
which is operated at such a volume that it can be clearly heard by
the human ear at a distance of seventy-five (75) feet or more from
the vehicle itself; or
2.
Sound from portable audio equipment, such as a radio, tape player,
compact disc player, DVD or mini-DVD player system or digital sound
device or other device capable of emitting sound in a similar fashion,
which is operated at such a volume that it can be clearly heard by
the human ear at a distance of seventy-five (75) feet or more from
the source of the sound.
3.
"Clearly heard by the human ear" shall not require that the individual
words of a song are discernable if the music or other primary sound
is discernable.
4.
The following shall not be subject to the provisions of this Section:
a.
Noise emanating from parades, authorized public celebrations, authorized
carnivals or similar events;
b.
Sirens, whistles and emergency warning devices used by fire, medical
and law enforcement agencies, division of emergency management and
other governmental emergency agencies; or
c.
Weddings, parades and other organized events which customarily use
motor vehicle horns during the event.
B.
Penalties And Fines.
1.
Penalties for violation of this Section shall be infractions and
shall result in the imposition of fines by providing the person so
charged with a written notice of the violation. The written notice
shall contain the ordinance number, the date, time and place of the
facts leading to the conclusion that the ordinance was violated, and
the amount of the fine and the place at which the fine may be paid.
If the citizen chooses to appeal, such appeal shall be to the Circuit
Court of St. Charles County.
2.
The fines for violation of this Section shall be fifty dollars ($50.00)
for the first (1st) offense and one hundred twenty-five dollars ($125.00)
for the second (2nd) and all subsequent offenses, exclusive of court
costs which may be imposed as provided by law.
C.
Enforcement
of this Section shall be enforced by the County Counselor.
[Ord. No. 10-036 §§1—6, 5-13-2010]
A.
Loud And Unnecessary Noise Prohibited.
1.
It is unlawful for any person to make, continue, or allow to be made
or continued, any excessive, unnecessary, unusual or loud noise by
use of a public address system which creates a nuisance or injures
or endangers the comfort, repose, health or safety of others, or which
interferes with the use or enjoyment of property of any person of
reasonable sensibilities residing in or occupying the area unless
the making and continuing of such noise is necessary for the protection
and preservation of property or the health and safety of some individual.
2.
The following acts, which enumeration shall not be deemed to be exclusive,
are hereby declared to be noise nuisances in violation of this Section
and are unlawful:
a.
The playing or permitting or causing the playing of any radio, radio
receiving set, television, phonograph, "boom box", loudspeaker, drum,
juke box, nickelodeon, musical instrument, sound amplifier or similar
device across a public address system which produces, reproduces or
amplifies sound when done in such a manner or with such volume, intensity,
or with continued duration so as to annoy, to distress or to disturb
the quiet, comfort or repose of any person of reasonable sensibilities
within the vicinity or hearing thereof. This Subsection shall not
apply to the Police or public authorities who are using such a device
in the performance of their duties or to those entities excepted in
Section (D) below.
B.
Classification And Measurement Of Noise. For the purposes of determining and classifying any noise from a fixed, stationary public address system source as loud, unusual or unnecessary as declared to be unlawful and prohibited by Subsection (A) herein, the following test measurements and requirements may be applied:
1.
Noise occurring within the jurisdiction of the County shall be measured
at the property line of the noise source if located within the public
right-of-way, and if the noise source is located on private property
or property for which there is no adjoining public right-of-way, measurement
shall occur at the closest point to the property line of the noise
source for which the County can obtain permission to conduct measurements.
2.
a.
a. The noise shall be measured on the "A" weighing scale on sound
level meter of standard design and quality and having characteristics
established by the American National Standards Institute.
b.
For purposes of this Section, measurements with sound level meters
shall be made when the wind velocity at the time and place of such
measurement is not more than five (5) miles per hour or twenty-five
(25) miles per hour with a wind screen.
c.
In all sound level measurements consideration shall be given to the
effect of the ambient noise level created by the encompassing noise
of the environment from all sources at the time and place of such
sound level measurement.
C.
Excessive Noise Levels.
1.
Noise measured or registered as provided herein from any source not
exempted by this Section at a level which is equal to or in excess
of the dß(A) established for the time period and zones listed
below is declared to be excessive, unusual, loud and unnecessary:
|
Zone
|
8:00 A.M. to next 10:00 P.M.
|
10:00 P.M. to next 8:00 A.M.
| |
|---|---|---|---|
|
Residential
|
55 dß{A}
|
50 dß(A)
| |
|
Commercial
|
60 dß{A}
|
55 dß(A)
| |
|
Light industrial
|
70 dß{A}
|
65 dß(A)
| |
|
Industrial
|
75 dß{A}
|
80 dß(A)
|
|
|
Background noise means noise from all sources other than that
under specific consideration, including traffic operating on public
thoroughfares, and is established by measuring the noise level over
a fifteen (15) minute period of time.
|
2.
For purposes of this Section, the aforementioned zones shall be defined
as set forth in the Unified Development ordinance.
3.
Adjacent zones. When a noise source can be measured
from more than one (1) zone, the permissible sound level of the more
restrictive zone shall govern.
D.
Exceptions. The following activities, as long as they are
conducted between the hours of 8:00 A.M. and 10:00 P.M. as a normal
function of a permitted use and the equipment is maintained in proper
working condition, are excepted from the provisions of this Chapter:
E.
Enforcement.
1.
In addition to all Law Enforcement Officers, the following personnel
employed by the County shall have the power to enforce the provisions
of this Section:
a.
All Building and Code Enforcement officers in the Department of Community
Development.
[Ord. No. 16-054 §11, 7-25-2016]
2.
Prosecution shall be the responsibility of the County Counselor.
F.
Penalty. Any person who violates any of the provisions of
this Section within the unincorporated county is guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding
one thousand dollars ($1,000.00). Each day a violation is committed
or permitted to continue shall constitute a separate offense.
[Ord. No. 10-105 §1, 12-1-2010; Ord. No. 10-112 §1, 12-21-2010]
A.
The
County Council of St. Charles County, Missouri, finds that families
have a legitimate and legally cognizable interest in organizing and
attending funerals for deceased relatives and that the rights of families
to peacefully and privately mourn the death of relatives are violated
when funerals are targeted for picketing or protest activities. The
County Council of St. Charles County, Missouri, also recognizes that
individuals have a constitutional right to free speech and that in
the context of funeral ceremonies, the competing interests of picketers
and funeral participants must be balanced. Therefore, the County Council
declares that the purposes of this Section are to protect the privacy
of grieving families and to preserve the peaceful character of cemeteries,
mortuaries, churches and other places of worship during a funeral
while still providing picketers and protestors the opportunity to
communicate their message at a time and place that minimizes the interference
with the rights of families participating in funerals.
B.
FUNERAL
PICKETING OF A FUNERAL
For
purposes of this Section, the following definitions shall apply:
The ceremonies and memorial services held in connection with
the burial or cremation of the dead but does not include funeral processions
on public streets or highways nor does it include the wake (sometimes
referred to as a visitation or vigil).
Protest activities engaged in by a person or persons located
within three hundred (300) feet of the premises of a cemetery, mortuary,
church or other place of worship or other location during, and which
target, a funeral.
C.
A person
commits the offense of unlawful picketing of a funeral if he or she
engages in picketing of a funeral during the period from one (1) hour
prior to the commencement of any funeral through one (1) hour following
the cessation of any funeral.
D.
Any
person who pickets within street or road right-of-way shall stay at
least three (3) feet from the traveled portion of the street or road.
E.
Any
person who violates any of the provisions of this Section within the
unincorporated County is guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not exceeding one thousand dollars
($1,000.00). Each day a violation is committed or permitted to continue
shall constitute a separate offense.
