Ord. No. 2020-11

BILL NO. 2020- 11 ORDINANCE NO. 2020- 11

ORDINANCE ENACTING NEW SECTIONS 210.232 REGARDING LOUD NOISE.

WHEREAS, the Ordinances of the City of Weatherby Lake should have Ordinances adopted under the general welfare powers of the City to prevent Loud Noises that interfere with the quiet enjoyment of the community.

WHEREAS, The City wishes to add Sections 210.232 to protect the citizens of the City and such Section should read as follows:

SECTION 210.232. Noise — Making When Loud, Unnecessary, Etc. Restricted Acts Enumerated.

B. Thefollowing acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive:

1. The sounding ofany horn or other signaling device on any automobile, motorcycle, watercraft or other vehicle on any street, lake or public place of the City, except as a danger warning; the creation by means ofany such signaling device ofany unreasonably loud or harsh sound; and the sounding ofany such devicefor an unnecessary and unreasonable period of time. The use ofany signaling device, except one operated by hand or electricity; the use ofany horn, whistle or other device operated by engine exhaust; and the use ofany such signaling device when traffic isfor any reason delayed.

2. The using, operating or permitting to be played, used or operated ofany radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing ofsound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, including but not limited to residential neighbors andperson, on the lake, or at any time with louder volume than is necessaryfor convenient hearing for the persons who are in the room, or in an automobile, motorcycle, watercraft or other vehicle on any street, lake, private or public place of the City, in which such machine or device is operated and who are voluntary listeners thereto. The operation ofany such set, instrument, phonograph, machine or device between the hours of11: 0o P.M. and 7:00 A.M. in such a manner as to be plainly audible at a distance ofhundred (ioo) feetfrom the building, structure, watercraft or vehicle in which it is located shall be prima facie evidence ofa violation ofthis Subsection.

3. The using, operating or permitting to be played, used or operated ofany radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or devicefor the producing or reproducing of sound which is cast upon the streets, lake, private or public placesfor the purpose ofcommercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting, hooting, whistling or singing on the streets, lake, private or public place ofthe city, between the hours of11: 00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose ofpersons in any dwelling or other type ofresidence or ofany persons in the vicinity.

5. The blowing ofany siren, except as a warning offire or danger or upon request ofproper City authorities.

6. The discharge into the open air of the exhaust ofany stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

7. The use ofany automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

8. The creation ofa loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction ofbales, boxes, crates and containers.

9. The erection (including excavating), demolition, alteration or repair of any building between the hours of6: oo P.M. and 7:00 A.M., except in case of urgent necessity in the interest ofpublic health and safety. 10. The shouting and crying ofpeddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

11. The use ofany drum or other musical instrument(s) or devicefor the purpose ofattracting attention by the creation ofnoise to any performance or show.

12. The operation between the hours of6: oo P.M. and 7:00 A.M., except in case ofurgent necessity in the interest ofpublic health and safety ofany pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use ofwhich is attended by loud or unusual noise is prohibited.

13. The operation ofany noise -creating blower or powerfan or any internal combustion engine, the operation ofwhich causes noise due to the explosion ofoperating gases orfluids, unless the noisefrom such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

C. Nothing in this Ordinance shall be deemed to make lawful and act which is prohibited by any other Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WEATHERBY LAKE, MISSOURI AS FOLLOWS:

Effective immediately Section 210. 232 shall be added to the Municipal Ordinances of the City of Weatherby Lake Missouri and such Sections are hereby enacted which shall read as follows:

SECTION 210.232. Noise — Making When Loud, Unnecessary, Etc. Restricted Acts Enumerated.

A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City. B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive:

1. The sounding of any horn or other signaling device on any automobile, motorcycle, watercraft or other vehicle on any street, lake or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason delayed.

2. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, including but not limited to residential neighbors and person, on the lake, or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, or in an automobile, motorcycle, watercraft or other vehicle on any street, lake, private or public place of the City, in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11: 00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at a distance of hundred (10o) feet from the building, structure, watercraft or vehicle in which it is located shall be prima facie evidence of a violation of this Subsection.

3. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the streets, lake, private or public places for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting, hooting, whistling or singing on the streets, lake, private or public place of the city, between the hours of 11: 00 P.M. and 7: 00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or other type of residence or of any persons in the vicinity. 5. The blowing of any siren, except as a warning of fire or danger or upon request of proper City authorities.

6. The discharge into the open air of the exhaust of any stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

7. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

8. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

9. The erection (including excavating), demolition, alteration or repair of any building between the hours of 6:0o P.M. and 7:00 A.M., except in case of urgent necessity in the interest of public health and safety.

10. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

11. The use of any drum or other musical instrument(s) or device for the purpose of attracting attention by the creation of noise to any performance or show.

12. The operation between the hours of 6: oo P.M. and 7: 00 A.M., except in case of urgent necessity in the interest of public health and safety of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise is prohibited.

13. The operation of any noise -creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. C. Nothing in this Ordinance shall be deemed to make lawful and act which is prohibited by any other Ordinance.

PASSED THIS 5' TH DAY OF 2020.

MAYOR ATTEST:

CSC CC CITY CLERK

APPROVED THIS DAY OF ,; 1 c, 1,2020.

Steve Clark, MAYOR