City Council Ordinance 165ORDINANCE AMENDMENT N0. 165
THE CITY COUNCIL OF THE CITY OF MONTICELLO DO HEREBY ORDAIN THAT
ORDINANCE TITLE 6, CHAPTER 1, SECTION 10, REGARDING NOISE SHALL BE
AMENDED AS FOLLOWS:
6-1-10: NOISE:
(A) Noise. Statement of Purpose. It is recognized that loud
unpleasant, raucous, or prolonged noise has a harmful debilitating
and detrimental effect upon human beings, adversely affecting their
mental and physical health, safety, and well-being. Such loud,
unpleasant, raucous or prolonged noise is hereby declared to be a
public nuisance. In an endeavor to provide for the mental and
physical health, safety, and wellbeing and for peaceful repose of
the citizens and neighborhoods of the city, it is hereby declared to
be in the public interest that loud, unpleasant raucous and
unnecessary or prolonged noise be abated.
(B) 1. Activity Prohibited. No person shall, between the hours of
10:00 p.m. and 7:00 a.m. conduct, permit, congregate at, participate
in, or be present at any party or gathering of people from which
noise emanates of such volume as to be plainly audible at a distance
of 50 feet from where such gathering or party is taking place, or
from which noise emanates of a sufficient volume so as to disturb the
peace, quiet, or repose of persons residing in any residential area.
2. Abating Disturbances. No persons except the owner, tenant
or other lawful occupant shall visit, remain or be present at or
within any residential dwelling unit, adjacent yard or structures
wherein an activity prohibited by Section (B) of this Ordinance is
taking place except persons who have gone there for the sole purpose
of abating the prohibited activity.
3. Enforcement. A peace officer may order all persons present
in any such group or gathering from which such noise emanates, or
other than the owners or tenants of a dwelling unit, to immediately
disperse from said party in lieu of being charged under this
Ordinance. Refusal to disperse is a violation of the section.
4. Penalty. Violation of this subdivision is a misdemeanor
punishable by a fine of not more than $700 and by imprisonment in the
county jail of not more than 90 days.
(C) 1. Street noise. No person between the hours of 7:00 p.m. and
7:00 a.m. shall operate a radio, stereo, tape player, or any other
mechanical device other than an automobile engine on the highways,
streets, parking lots, alleys, sidewalks, or other public property
within the City of Monticello which is audible at a distance of
25 feet.
Ordinance Amendment No. 165
Page 2
2. Penalty Violation of this subdivision is a petty misdemeanor
punishable by a fine of not more than $100.
Adopted this 11th day of October, 1988.
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Mayor
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City Admini rator