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HomeMy WebLinkAboutPO 5259: NOISE CONTROL'rNTER ME~O OFFICE To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney /~ ~- Subject: P. O. No. 5259, May 14, 2002 Council Meeting Date: May 10, 2002 Attached is P. O. No. 5259 amending Section 34-181 and Section 34-182 of the Code of Ordinances, Chapter 34 Environment, Article V. Noise Control, as it pertains to sound amplification systems, providing a penalty of not to exceed $2,000 and providing for publication. The changes to the existing ordinance are underlined. These changes are being requested by Mr. George and Councilmember Barker. The changes are the following: Presently Proposed 1. Penalties Three or more convictions- $1500 Fine Three or more convictions- $500 to $2000 Fine 2 o Ordinance applies to residences Ordinance applies to residences businesses and MTS/jb Attachment CC: Chief of Police Councilmember Barker Stanley George, City Prosecutor Col. Blanton ORDINANCE NO. P.O. 5259 05/02/02 ts AN ORDINANCE AMENDING SECTION 34-181 AND SECTION 34-182 OF THE CODE OF ORDINANCES, CHAPTER 34 ENVIRONMENT, ARTICLE V. NOISE CONTROL, AS IT PERTAINS TO SOUND AMPLIFICATION SYSTEMS, PROVIDING A PENALTY OF NOT TO EXCEED $2,000 AND PROVIDING FOR PUBLICATION WHEREAS, the City Council deems it is in the best interest of the City to amend Section 34-181 and Section 34-182 of Chapter 34 Environment, Article V Noise Control, Arthur Code of Ordinances. NOW THEREFORE, PORT ARTHUR: Section 1. true and correct. Section 2. of Ordinances, follows: of the City of Port BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF The facts and opinions in the preamble are That Section 34-181 of Chapter 34 of the Code City of Port Arthur, is hereby amended to read as "Section 34-181 (a) No owner of a motor vehicle, as well as no person operating or occupying a motor vehicle which is stopped, standing, parked or moving on or in any public property or street, highway, alley, park, playground, parking lot, driveway, garage, carport, yard or car wash facility, whether on or in public or private property, shall operate or (b) (c) (d) permit the operation of any sound amplification system from within the vehicle with a louder volume than is necessary for convenient hearing of the persons who are in the vehicle and who are voluntary listeners thereto. The operation of the sound amplification system from within a vehicle in such a manner as to be plainly audible of a distance of fifty (50) or more feet from the vehicle or which disturbs the peace and tranquility of person within the immediate vicinity of the source of the noise shall be prima facie evidence of a violation of this section. For the sound to be ~plainly audible", words or phrases need not be distinguishable and bass reverberations are sufficient. The term "sound amplification system" means any radio, tape player, compact disc player, loud speaker; or other electronic device used for the amplification of sound. The provisions of sections 34-175 (noise measurement) and 34-184 (variances) shall not apply to this section. It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound z,noise ordinance (e) amplification system following apply: (1) and that any of the The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition. (2) The system was part of the authorized equipment on an authorized emergency or public safety vehicle, and the system was being operated in conjunction with the emergency or public safety use of the vehicle. (3) The system or vehicle was used in an authorized public activity, such as a parade, fireworks event, sporting event, musical production, or other activity which has the approval of the city council or a department of the city authorized to grant the approval. The fine schedule for conviction of a violation of this section shall be as follows: Conviction Number Minimum Fine One $ 100.00 Two $ 250.00 Three or more violations Not less that $500.00 or more than $2,000.00" Due to the necessity to protect the public health, the maximum fine shall be $2,000.00. Section 3. of Ordinances, City of follows: That Section 34-182 of Chapter 34 of the Code Port Arthur, is hereby amended to read as ~Section 34-182 (a) (b) No owner, no person, no lessee and no occupant of a residence or business shall operate or permit the operation of any sound amplification from within a residence or business with a louder volume than is necessary for convenient hearing of the persons who are within such residence or business and who are voluntary listeners thereto. The operation of sound amplification system from within a residence or business in such a manner as to be plainly audible of a distance of fifty (50) or more feet or which disturbs the peace and tranquility of persons within the immediate vicinity of the noise shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible", words or phrases need not be distinguishable and bass reverberations are sufficient. The term "sound amplification system" means any radio, tape player, compact disc player, loud speaker, or other electronic devise used for the amplification of sound. (c) For purposes of this section, an act is deemed to occur in a place or near a place if it produces its offensive or proscribed consequences in or near a place. (d) The term "public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (e) The provisions of sections 34-175 (noise measurement) and 34-184 (variances) shall not apply to this section. (f) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply: (1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition. (2) The system was part of the authorized equipment on an authorized emergency or public safety vehicle, and the system was (g) (h) being operated in conjunction with the emergency or public safety use of the vehicle. (3) The system was used in an authorized public activity, such as a parade, fireworks event, sporting event, musical production or other activity which has the approval of the city authorized to grant the approval. The fine schedule for conviction of a violation of this section shall be as follows: Conviction Number Minimum Fine One $ 100.00 Two $ 250.00 Three or more violations Not less than $500.00 or more than $2,000.00" Due to the necessity to protect the public health, the maximum fine shall be $2,000. Notwithstanding section 34-173 (administration), the city police department shall be the primary responsibility for enforcing this section and section 34-182. That this being an Ordinance requiring (10) Section 4. publication, it shall take effect and be in force ten from and after the publication of the caption hereof. Section 5. That a copy of the caption of be spread upon the Minutes of the City Council. days this Ordinance READ, ADOPTED AND APPROVED on this __ day of A.D., 2002, at a Regular Meeting of the City Council of of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council the City NOES: OSCAR ORTIZ, MAYOR ATTEST: JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER