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0427 Public Disturbance Noises 1994CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 427 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 9.32, "PUBLIC DISTURBANCE NOISES;" DEFINING WHAT NOISES CONSTITUTE A PUBLIC DISTURBANCE; PROVIDING PENALTIES FOR VIOLATIONS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Declaration and Intent. The Mayor and the City Council of the City of Chubbuck, State of Idaho, have concluded that it is in the best interest of the said city to state when public disturbance noises become nuisances. Section 2. Chapter 9.32. Public Disturbance Noises. The following Chapter 9.32 is hereby added to the Chubbuck Municipal Code: Chapter 9.32 Public Disturbance Noises. 9.32.010 Public Disturbance Noises. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: A. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; B. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 Ordinance - Page 1 saw chbbck07.271 p.m. and 6:00 a.m., unreasonably disturb repose of owners or 1 or at any time and place so as to or interfere with the peace, comfort and possessors of real property; D. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions, or social gatherings; E. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet from the vehicle itself; F. Sound from audio equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than fifty feet from the source, and if not operated upon the property of the operator. The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. 9.32.020 Violation - Penalties Any person violating the provisions of this chapter shall be punished by a fine in a sum not exceeding $300.00 for the first violation hereof, of which $100.00 shall not be suspended or deferred; a fine of $300.00 shall be imposed for each subsequent violation, of which $150.00 shall not be suspended or deferred. Ordinance - Page 2 saw chbbck07.271 i � l ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27TH. day of ATTEST: CITY CLERK Ordinance - Page 3 saw chbbck07.271 SEPTEMBER , 1994. IN 1.111A