HomeMy WebLinkAboutOrd 2019-11 ORDINANCE NO. 19-11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
TOWN CODE, CHAPTER 11 "OFFENSES," RELATING TO NOISE
RECITALS:
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town Council") finds
and determines that the control of noise is necessary to preserve the quality of life for the residents
of Fountain Hills.
WHEREAS, the Town Council desires to amend Chapter 11 of the Town Code, Section 11-1-7
"Noise," as set forth in Exhibit A; and
WHEREAS, the Town Council has determined that the changes to the Town Code are necessary
to protect the health, safety, and general welfare of the residents of Fountain Hills.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein.
SECTION 2. Section 11-1-7 of the Town Code is amended as set forth in Exhibit A.
SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 4, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
GinCivv1/4".vi.
Dickeor Elizabethurke Town• erk
, a B
ay
or
BY: APPROVED AS TO FORM:
.44 •
Grady E. Mille 4 . n Manager - Aaron D. n, Town Attorney
ORDINANCE 19-11 PAGE 2
EXHIBIT A
TO
ORDINANCE 19-11
[TOWN CODE SECTION 11-1-7]
Section 11-1-7 Noise
A. Purpose. The purpose of this Section is to promote the health and general welfare of
the citizens and businesses of the Town by balancing the need to protect the community
peace and quiet enjoyment of residential neighborhoods and business districts against
unreasonable noise with the legitimate goal of promoting and encouraging commercial,
and business, and residential growth in the community.
B. Definitions. The following words, terms and phrases, when used in this Section, have
the meanings ascribed to them in this Section, except where the context clearly indicates
a different meaning:
1. "A band level" means the total sound level of all noise as measured with a sound
level meter using an A-weighting network. The unit is the dB(A).
2. "Complainant" means a person who files a noise complaint.
3. "Decibel" means a sound pressure that is 20 times the logarithm to the base 10
of the ratio of the pressure of sound to the reference pressure, 2 x 10 -5
newton/meter2.
4. "Emergency work" means any (a) work performed to prevent or alleviate
physical trauma or property damage threatened or caused by an emergency that
has or may result in a disruption of service and that is necessary to restore
property to a safe condition following a public calamity, (b) work required to
protect the health, safety or welfare of persons or property or (c) work by
private or public utilities when restoring utility service.
5. "Noise violation" means any noise created that exceeds the maximum limits as
specified in this Section or that is unreasonable under the circumstances existing
at the time and place of the violation.
6. "Sound level (noise level)" means the sound measured with the A-weighting and
slow response by a sound level meter.
7. "Sound level meter" means an instrument including a microphone, an
amplifier, an output meter and frequency weighting networks for the
measurement of sound levels that satisfies the pertinent requirements for Type
1 sound level meters as set forth in the most recent version of American Standard
Specifications for Sound Level Meters ANSI S1.4-1983.
8. "Sound Source" means the cause and location of the noise.
ORDINANCE 19-11 PAGE 3
C. Measurement Standard. Where applicable, Ssound level shall be measured with a
sound level meter operated in accordance with the manufacturer's guidelines and
instructions.
D. Per Se Noise Violations Prohibited. Subject to the complaint processing provisions in
emitted noise in excess of the permissible noise levels set forth in Table 1 below.
1. Subject to the complaint processing provisions in Subsection 11-1-7(D)(2)below,
it shall be a per se violation of this Section to emit or allow to be emitted noise in
excess of the permissible noise levels set forth in Table 1 below.
[REPLACE TABLE 1 IN ITS ENTIRETY WITH THE FOLLOWING TABLE 11
Table 1 Permissible Noise Levels:
Time Decibel dB(A)
6:00 a.m. to 10:00 p.m. 70
10:00 p.m. to 6:00 a.m. 50
2. Complaint Processing. After receiving a noise complaint from a complainant,
an individual authorized under Subsection H of this Section shall measure the
noise level with such measurements being made where the complainant's peace
and quiet was disturbed. The authorized individual shall determine a per se
noise violation has occurred when the decibel levels at the complainant's
location exceed the maximum decibel levels set forth in Table 1 above.
3. The 10:00 p.m. cutoff may be extended to 11:00 p.m. in conjunction with a
temporary use permit issued by the Town pursuant to Section 2.03 of the Town
Zoning Ordinance.
E. Violations for Unreasonable Noise. Complaint Processing. It is unlawful for any person to
make or create unreasonable noise, with intent to disturb the peace or quiet of a
neighborhood, family, or person, or with knowledge of doing so. For purposes of this
Subsection, the determination of unreasonable noise shall be made based upon the
circumstances existing at the time and place of the violation and independently of
Subsection 11-1-7(D) above.
individual authorized under Subsection H of this Section shall measure the noise level
authorized individual shall determine a noise violation has occurred when the decibel
1 above.
F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck,
loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier
or any instrument of any kind or character that emits loud and raucous noises and is
attached to and upon any vehicle.
G. Braking devices. It shall be unlawful for the driver of any vehicle to use or operate or
cause to be used or operated within the Town any compression release or other
ORDINANCE 19-11 PAGE 4
engine braking device designed to aid in the braking or deceleration of any vehicle which
results in noise in excess of that which would otherwise be produced from such vehicle
without such braking device. The provisions of this Subsection do not apply to public
safety vehicles or to any vehicle while descending Golden Eagle Boulevard.
H. Violations. The Town Manager or designee, code official or Town-designated law
enforcement officer may issue civil citations pursuant to Subsection 1 8 3(D) of this Code
to enforce violations of this Section. After civil enforcement as set forth in Subsection 1
8 3(D) of this Code, any Town-designated POST-certified law enforcement officer or
the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A)
to enforce this Section.
Exemptions. The following uses and activities shall be exempt from Town noise
level regulations:
1. Noises resulting from air-conditioning equipment when such equipment is in
proper operating condition.
2. Noises resulting from lawn maintenance equipment operated during daylight
hours when such equipment is functioning with all mufflers and standard
noise-reducing equipment in use and in proper operating condition.
3. Noises of safety signals, warning devices and emergency pressure relief valves.
4. Noises resulting from an authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment or
facilities while being operated or utilized for official business
8. Noises resulting from a special event being held pursuant to a Town-issued
special event permit.
9. An un-amplified human voice.
10. Noises resulting from an event being held by a school.
J. Other Remedies. Nuisance Party. Nothing in this Section shall be construed as affecting
the ability of the Town or other body to initiate or continue concurrent or subsequent
criminal prosecution of any person for any violations of the provisions of the Town code
or State law arising out of the circumstances necessitating the application of this Section.
a. "Minor" means any person under the age of twenty-one (21) y ars.
ORDINANCE 19-11 PAGE 5
b. "Enforcement Officer" means either a 4i)Town designated law enforcement
c. "Notice of Violation"has the same meaning as the term is defined in Section
1-8 3.
d "N i ance Party" meeaarns a �e^ng o one /1) or more persons on any
r
or vehicles, drinking in public, the service of alcohol to minors or
consumption of alcohol by minors, fighting, disturbing the peace, and
littering.
e,- O ner"means the (Mein roperty as well as any agent of an
Owner who acts on behalf of the Owner to control or otherwise regulate the
occupancy or use of the property.
f. "Premises" means the property that is the site of a nuisance party. For
residential properties, "premises" means the dwelling unit or units where
the nuisance party occurs.
rr " i le person" means any person in attendance who engaged in a
9 �P��vr-r—rrivZrrr��rry-p�� rrv�
nuisance party, including any Owner who is in attendance, occupant,
tenant, guest or any sponsor, host or organizer of the nuisance party.
"Re pon ihle p " es not incl ide (Meiners or peg songs in charg f
premises where a- ance party tam place if the persons in attendance
obtained us eft em ? al entry or trespassing
party by reasonable means including, but not limited to, warning, citation, or, in
or state statutes, and dispersal of the persons attending the gathering
3. When an Enforcement Officer responds to the first nuisance party and while at the
scene determines that there is a threat to the public peace, health, safety, or
a. If on a first response to a nuisance ,
being committed:
Minor in possession of alcohol;
ii. Minor in consumption of alcohol;
iii. Possession or use of illegal drugs;
iv. Weapons misconduct, in violation of A.R.S. Section 13 3102; or
v. Any felony offense
ORDINANCE 19-11 PAGE 6
b. Then the Responsible Person(s) and Owner shall be assessed a fine
commensurate with a second nuisance party, as set forth in subsections
(5) and (6)of this section.
4.
Responsible Person(s) under this section, the officer shall notify the Town in
Owner in the same manner as set forth in Subsection 1 8 3(c)of this Code.
5. Non Owner liability for nuisance parties.
a. Any of the following Responsible Person(s) may be liable for a civil
infraction:
i. The person(s)who organized or sponsored the event constituting a
nuisance party;
ii. Any person engaged i-n
nuisance party.
b. Civil penalties for Responsible Person(s)
i. For a first nuisance party violation the fine is two hundred fifty
dollars ($250.00), inclusive of any applicable fines, fees,
assessments or surcharges.
ii. Subsequent Nuisance Parties. If the Responsible Person(s) found
liable for a nuisance party have previously been found responsible
the—p s are as follows.
1. For a second nuisance party violation within one hundred
twenty (120) days of the first nuisance party the fine is five
,
fees, assessments or surcharges.
2. For a third or subsequent nuisance
twenty (120) days of the second nuisance party the fine is
one thousand dollars ($1,000.00), inclusive of any
applicable fines, fees, assessments or surcharge*.
3. If on response to a third or subsequent nuisance party, any
oT tai ebe -Go nTrm eel at the party
a. Minor in possession of alcohol;
b. Minor in consumption of alcohol;
c. Possession or use of illegal drugs;
ORDINANCE 19-11 PAGE 7
d. Weapons misconduct, in violation of A.R.S. Section
13 3102; or
c. Any felony offense.
Then the Responsible D n(s) shalll base edd
a fine commensurate with two (2) times the fine for
a third or subsegguent n1iisance party as set forth in
this subsection.
6. Owner liability for nuisance parties.
a. The Owner of the property where the nuisance party occurred may be liable
b. Civil penalties for Owners
An Owner who is not in attendance at the nuisance party, and who
did not organize or sponsor the nuisance party, may be issued a
written notice of violation.
ii. Subsequent Nuisance Parties.
1 Ifs aafrterr a itten notice of iss ied by the Town
an Enforcement Officer responds for a second time to the
same premises for a nuisance party within one hundred
twenty(120)days-of-the first response, such response shall
be deemed a second nuisance party and the fine is five
,
fees, assessments or surcharges.
2. If, after a written notice of a second violation is issued, an
Enforcement Officer ro pends to the same-prcnises for a
third or subsequent nuisance party within one hundred
twenty (120) days of the second nuisance party response,
such response shall be deemed a third or subsequent
nuisance party and the fine is one thousand dollars
($1,000.00), inclusive of any applicable fines, fees,
assessments or surcharges.
3. If on response to a third or subsequent nuisance party, any
of the following crimes are being committed at the party:
a. Minor in possession of alcohol;
b. Minor in consumption of alcohol;
c. Possession or use of illegal drugs;
d. Weapons misconduct, in violation of A.R.S. Section
13 3102; or
ORDINANCE 19-11 PAGE 8
c. Any felony offense.
Then th�rnrer shall be u sed a fine commensurate with two (2)
times the fine fora third or siubseq gent nuuisance party as cot forth in this
subsection.
c. Within ten (10) business days of receipt ,
thine -petition the Pres gg Mag trat�r-a waiver of
fine-' .�.�.``^'77 `n�� .
oes
i. The Owner has taken steps reasonably necessary to prevent a
sy sequent nuisance party or to ei clu he uninvited person from
the premises, or the Owner is actively attempting to evict the
Responsible Person(s)from the premises.
ii. The Owner of a property with over fifty(50) individually rented units
obtains and maintains private security services for the entire
property.
iii If an Owner evicts tenes from a premises where a nuisance party
occurred and new tenants at the same premises are given notice of
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a nuisance party violation, the Owner must be re-notified in the
samemanor asset forth in S, bection 1 8 3(c) of this Code.
7. Enforcement. Enforcement Officers are authorized to enforce the provisions of this
section provided that enforcement is initiated by a complaint from a member of the
public or as otherwise provided by law. The
not necessarily be required to appear in court before a violator may be found
including but not limited to the uses of the premises (e.g. residential, commercial,
etc.
8.
•
Town code or State law arising out of the circumstances necessitating the
applic