The text
4-8-1: - PURPOSE AND SCOPE:#
A.
The purpose and scope of this chapter is to prohibit noise and/or sounds which disrupt the peace and harmony of Riverdale City and to protect the physical, mental and social well being of the residents of Riverdale by prohibiting such noise and/or sound.
B.
This chapter aims to ensure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises in Riverdale City. The residents of Riverdale recognize that the community is entitled to live in an environment in which the level of noise is minimized for the community good.
C.
This chapter applies to all persons, property, animals, equipment, appliances, instruments and other sound emitting devices, as regulated herein.
D.
The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including this code or Utah code. If more stringent requirements concerning noise abatement are contained in the other rules, regulations or ordinances, the more stringent regulation shall apply.
(Ord. 740, 8-4-2009)
4-8-2: - DEFINITIONS:#
For the purpose of this chapter, the following words, terms and phrases shall have the meanings indicated herein:
CITY: The city of Riverdale.
NOISE: Any sound emitted by a person, an appliance, equipment, an instrument, other device or animal.
NOISE DISTURBANCE: Any noise, which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of ordinary sensibilities; that endangers or injures any personal or real property; or that disturbs the peace or creates a nuisance.
PERSON: Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other forms of entity.
(Ord. 740, 8-4-2009)
4-8-3: - PROHIBITED ACTS:#
A.
General Prohibition: It shall be unlawful for any person to make or cause to be made a noise disturbance within the limits of Riverdale City, except as otherwise permitted in this chapter.
B.
Specific Prohibitions: The following are specifically prohibited, except as otherwise permitted in or exempted from this chapter:
1.
No person shall operate, play or permit the operation or playing of any radio, television, drum, musical instrument, player, sound amplifier or similar device which produces, reproduces or amplifies sound:
a.
In such manner as to cause a noise disturbance.
b.
In such manner, which is plainly audible at a distance of fifty feet (50') from such source, when the source is operated from a residence, a motor vehicle or hand carried on a public right-of-way or public space.
2.
No person(s) shall yell, shout, hoot, sing, make other loud or disruptive noises on the public streets between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.
3.
No person shall operate or permit the operation of any tools or equipment used on construction operations, drilling or demolition or other work or in the sweeping of parking lots in areas directly adjacent to residential districts between the hours of eleven o'clock (11:00) P.M. of one day and six o'clock (6:00) A.M. of the following day on weekdays and Saturdays or at any time on Sundays or legal holidays such that the sound therefrom causes an unusually loud and/or annoying noise disturbance.
4.
No person shall operate or permit the operation of any electrically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors between the hours of ten o'clock (10:00) P.M. of one day and six o'clock (6:00) A.M. of the following day so as to cause a noise disturbance.
5.
No person shall load, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects between the hours of ten o'clock (10:00) P.M. of one day and six o'clock (6:00) A.M. of the following day in such a manner as to cause a noise disturbance across a residential lot line. This subsection shall not apply to municipal or utility services in or about the public right-of-way.
6.
No person shall offer for sale, or sell, by shouting or outcry or by any other amplified or unamplified sound, except between the hours of seven o'clock (7:00) A.M. of one day and seven o'clock (7:00) P.M. of the same day.
7.
No person shall sound any horn or signal device on any automobile, motorcycle, bus, or other vehicle for any purpose other than to avoid an accident or collision or other lawful reason.
8.
No person shall use a product which has had a muffler or sound dissipative device or element of design or noise label removed or rendered inoperative with knowledge or reason to know that such action has occurred.
9.
No person shall repair, rebuild, test or otherwise work on any motorcycle or other motor vehicle, motorboat or aircraft in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
10.
No person shall create such other noise as might pose a danger to the public health, safety or welfare of the city or otherwise constitute a nuisance in fact.
11.
No person, including, without limitation, a pedestrian, shall make, continue or cause to be made or continued any noise, which creates or causes a noise disturbance.
12.
No person shall operate a motorcycle, truck, automobile or other motor vehicle in such a manner as to cause it to create a noise disturbance.
13.
No person shall keep any animal, bird or fowl which emanates frequent or extended noise which shall disturb the quiet, comfort and repose of any person in the vicinity.
(Ord. 740, 8-4-2009)
4-8-4: - EXEMPTIONS:#
The following noises are exempted from the provisions above: A.
Band concerts, carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between eleven o'clock (11:00) P.M. on one day and seven o'clock (7:00) A.M. on the following day and that said activities or performances have obtained a city permit and, if occurring within a city park or trail, do not violate provisions of section 7-7-5 of this code.
B.
Noises caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
C.
Noises resulting from the provision, repair and maintenance of municipal/governmental facilities, services or public utilities.
D.
Noises created by organized school related programs, activities, athletic and entertainment events or other public programs, activities or events.
E.
Noises made by warning devices operating continuously for three (3) minutes or less, except that, in the event of an actual emergency, the limitation shall not apply.
(Ord. 816, 8-21-2012)
4-8-5: - RESPONSIBILITY OF OWNERS OF PREMISES:#
It shall be unlawful for any person to knowingly permit the making, creation or maintenance of unreasonably loud noises upon any premises owned or possessed by him or under his control.
(Ord. 740, 8-4-2009)
4-8-6: - VIOLATIONS AND PENALTIES:#
Any person who violates or permits the violation of any provision of this chapter shall be guilty of a class B misdemeanor, and upon conviction, such person shall be subject to fine and/or imprisonment or punished as provided in section 1-4-1 of this code. In addition to the remedies set forth herein, the city attorney may institute civil actions to abate a public nuisance under this chapter. Nothing in this subsection precludes prosecution under any other provision of law.
(Ord. 740, 8-4-2009)