[CC 1985 §12-71; Ord. No. 3140 §1, 1-11-2001]
It shall be unlawful for any person to make, continue or cause
to be made any loud or unusual noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others.
[CC 1985 §12-75; Ord. No. 3140 §5, 1-11-2001]
A.
The
following acts and the causing thereof are declared to be in violation
of this Article if sound may be heard at a distance exceeding fifty
(50) feet from the origin of said sound:
1.
Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces or amplifies sound in
such a manner which creates an unlawful noise disturbance in violation
of this Article, except for activities open to the public and for
which a permit or license has been issued by the City, when operated
in or on a motor vehicle on a public right-of-way or public space
or in a boat on public waters.
2.
Owning, possessing or harboring any animal or bird which frequently
or for continued duration howls, barks, meows, squawks or makes other
sounds which create an unlawful noise disturbance in violation of
this Article.
3.
Operating or permitting the operation of any tools or equipment used
in a commercial enterprise, construction, drilling or demolition work
such that the sound therefrom creates an unlawful noise disturbance
in violation of this Article, except for emergency work of public
service utilities.
4.
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle
or motorboat in such manner which creates an unlawful noise disturbance
in violation of this Article.
5.
Operating or permitting the operation of powered model vehicles which
creates an unlawful noise disturbance in violation of this Article.
6.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snow blower or similar
devices used outdoors in residential areas between the hours of 9:00
P.M. and 7:00 A.M. which creates an unlawful noise disturbance in
violation of this Article.
7.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street or public place of the City, except
as a danger warning, which creates an unlawful noise disturbance in
violation of this Article.
8.
Yelling, shouting, hooting, whistling or singing on any public street
so as to annoy, disturb the quiet, comfort or repose of persons in
any office or in any dwelling, hotel or other type of residence or
of any persons in the vicinity which creates an unlawful noise disturbance
in violation of this Article.
9.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat or motor vehicle,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom, which creates an unlawful noise
disturbance in violation of this Article.
10.
The use or operation upon any street, alley or public place of a
sound truck, loud radio, boom box, amplifier or loud speaking or playing
device of any kind, including those installed in motor vehicles, which
sound may be heard at a distance exceeding fifty (50) feet from the
origin of said sound.
11.
The pounding or hammering on any metal object or thing inside a building
or in connection with the construction or erection of a building which
creates an unlawful noise disturbance in violation of this Article.
12.
Substantial construction and repair of buildings, erection, repair
or demolition work other than between the hours of 6:00 A.M. and 7:00
P.M., except in case of urgent necessity, which creates an unlawful
noise disturbance in violation of this Article.
13.
All other actions which create unlawful noise disturbances in violation
of this Article but not enumerated specifically in this Article.
[CC 1985 §12-76; Ord. No. 3140 §6, 1-11-2001]
A.
The
following acts are declared exempted from the noise ordinance:
1.
The operation of emergency and Police vehicles responding to calls
for service and the operation of emergency equipment thereto.
2.
The conduct of any Police, military, City administration or emergency
services exercise, simulation or training.
3.
The conduct of any parade, march, carnival, circus, show, fair, festival
or bizarre having obtained the required licenses and permits and otherwise
complying with the provisions of this Code.
4.
The operation and conduct of any City or public construction or project
work other than between the hours of 6:00 A.M. and 7:00 P.M.
[CC 1985 §12-77; Ord. No. 3140 §7, 1-11-2001]
The creating of any excessive noise on any street adjacent to
any hospital, school, institution of learning, church or court which
interferes with the workings of such institution or which disturbs
or annoys patients in a hospital shall be deemed a violation of this
Article.
[CC 1985 §12-78; Ord. No. 3140 §8, 1-11-2001]
The Ste. Genevieve Police Department shall have the authority
to seize as evidence any device which produces, reproduces or amplifies
sound or which is operated, permitted to operate, played or used by
any person to violate Sections this noise ordinance. However, for
the first (1st) offense under this Section, a warning shall only be
issued by the Law Enforcement Officer and the Law Enforcement Officer
shall give the offending party notice of the violation and the fact
that if subsequent offenses occur, fines and penalties will be assessed
and the device causing the excessive noise may be seized as evidence.
[CC 1985 §12-79; Ord. No. 3140 §9, 1-11-2001]
Any person, firm or corporation violating any provision of this
Article shall be fined according to the following schedule:
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First (1st) offense:
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The Ste. Genevieve Police Department will issue a written warning
of the violation to the offender.
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Second (2nd) offense:
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For every violation of this Article which constitutes a second
(2nd) offense of the noise ordinance and therefore is subject to the
City of Ste. Genevieve Municipal Court, the offending party shall
be fined not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00).
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Subsequent offenses:
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For every violation of this Article which constitutes a subsequent
offense of the noise ordinance after the second (2nd) offense, the
Ste. Genevieve Police Department shall seize as evidence the device
which produces, reproduces or amplifies sound or which is operated,
permitted to operate, played or used by any person to violate Sections
of this Code. Furthermore, the offending party shall be fined not
less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00).
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[CC 1985 §12-80; Ord. No. 3140 §10, 1-11-2001]
The offending party may recover the seized property following
the court date and payment of the complete fine by paying the City's
actual costs plus a one hundred dollar ($100.00) property recovery
fee, in addition to the fine assessed in the court proceeding and
all other costs incurred by the City.
