HomeMy WebLinkAboutOrd 2016-08ORDINANCE 16-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND
CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO
NOISE VIOLATIONS.
WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills
Zoning Ordinance (the "Zoning Ordinance") each contain provisions pertaining to noise
violations; and
WHEREAS, it is in the best interests of the community for the Town of Fountain Hills
(the "Town") to have a uniform set of standards by which authorized individuals may objectively
determine whether a noise violation has occurred; and
WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance relating
to noise violations to provide its citizens with a clear statement of the noise violation provisions
applicable to activities in the corporate limits of the Town; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV.
STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the
August 24, 2016 and August 31, 2016, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on September 8, 2016, and by the Town Council on October 6, 2016, which hearing
was continued to December 1, 2016, and again to December 15, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 5 (General
Provisions), Section 5.19 (Performance Standards) is hereby amended by deleting Subsection A
thereof (Noise) and replacing it with the following:
A. Noise. The sound pressure level of any individual operation shall not exceed the
maximum decibel levels set forth in the Fountain Hills Town Code Section 11-1-
7, Table 1, with each individual operation being considered a sound source, as
such term is defined in the Fountain Hills Town Code Subsection 11-1-7(B)(8), as
amended. For purposes of this Subsection 5.19(A), decibel levels shall be
measured according to the measurement standards set forth in the Fountain Hills
Town Code Section 11-1-7, as amended; provided, however, that for purposes of
this Subsection 5.19(A), the registering of a noise complaint shall not be
necessary.
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SECTION 3. The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Center
Commercial Zoning District), Section 18.06 (Additional regulations) is hereby amended by
deleting Subsection B thereof and replacing it with the following new Subsection B, to read as
follows:
B. Any recorded or live music or sound that is electronically amplified and played
outside an establishment shall only be permitted at establishments with dedicated
outdoor seating areas for food and beverage service. Such establishments shall
comply with the sound level requirements set forth in the Fountain Hills Town
Code Section 11-1-7, as amended.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and execute all documents necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
inda M. Kav nagh, Mayor
REVIEWED BY:
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Grady E. Mil r, wn Manager
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ATTESTED TO:
Bevelyn J. Ben r, T n Clerk
APPROVED AS TO FORM:
CIBV-'U�-
Andrew J. McGuire, Town Attorney