Ordinances in
What
are the basic laws governing noise in
The
City Offices and the North Park Police Department occasionally get calls
claiming someone is violating the city’s noise ordinance. Whether it is from someone playing loud
music, mowing the lawn or operating a snow blower early in the morning, or
operating a vehicle that is excessively loud, any of these things can be
annoying and undesirable and be the subject of a complaint. The question is then asked, “Is my neighbor
in violation of the city’s noise ordinance?”
There is no specific “noise ordinance” in
How
does the city define a nuisance and how does that affect the issue of noise?
The
City Council has established definitions for a nuisance by city ordinance in
three places as follows:
In 10‑401
nuisances are defined as “Whatever
is dangerous to human life or health and whatever renders soil, air, water, or
food impure or unwholesome is declared to be a nuisance and unlawful.”
In 15‑614
a nuisance is similarly defined as “any
item, thing, manner, condition whatsoever that is dangerous to human life or
health or renders soil, air, water or food impure or unwholesome.”
In 15‑616
a "public” nuisance is defined as “a
crime against the public order and economy of this municipality and consists in
unlawfully doing any act or omitting to perform any duty, which act or
omission, either: 1) Annoys, injures, or endangers the comfort, repose, health
or safety of three or more persons;… or 4) In any way renders three or more
persons insecure in life or the use of property.”
These definitions are not
very specific with regard to the issue of noise but they do provide for limited
regulating of noise produced by people in the city.
If
we have a neighbor that is making a lot of noise, especially at a bad time of
the day, what should we do?
The
best thing to do is to contact the neighbor and let him know of your being
annoyed. Communication is the best way
to ensure good neighbor relations. If
that does not help the situation you may contact the North Park Police Department
and ask for their assistance. They may
be able to help convince your neighbor of the need to comply with the intent of
the city’s ordinance or the situation may require that you file a complaint. Just because something is annoying, it does
not necessarily mean it is illegal. The
police department can help you know if a noise problem really constitutes a
violation of the law.
Need more Information? Contact the City Administrator -
752-1310
NLC Info Sheet 008
The following are
extracts from the
10‑401. Nuisances Defined.
15‑614. "Nuisance" Defined ‑
Violation ‑ Classification of Offense.
(A) A nuisance is any item, thing, manner,
condition whatsoever that is dangerous to human life or health or renders soil,
air, water or food impure or unwholesome.
(B) Any person, whether as owner, agent, or occupant
who creates, aids in creating, or contributes to a nuisance, or who supports,
continues or retains a nuisance, is guilty of a Class B misdemeanor.
15‑616. "Public Nuisance" Defined.
(A) A public nuisance is a crime against the
public order and economy of this municipality and consists in unlawfully doing
any act or omitting to perform any duty, which act or omission, either:
(1) Annoys, injures, or endangers the
comfort, repose, health or safety of three or more persons; or
(4) In any way renders three or more persons
insecure in life or the use of property.
15‑505.
Disorderly Conduct.
(A) A person is guilty of disorderly conduct
if:
(2) Intending to cause public inconvenience,
annoyance, or alarm, or recklessly creating a risk thereof:
(b) He makes unreasonable noises in a public
place; or
(c) He makes unreasonable noises in a
private place which can be heard in a public place; or
(B) An act which affects three or more
persons in any of the ways specified in this section is still a nuisance
regardless of whether the extent of annoyance or damage inflicted on
individuals is unequal.
15‑518. Noise. It is a Class C
misdemeanor for any person to disturb the peace or quiet of any neighborhood,
family or person by loud, or unusual noises by tumultuous
or offensive conduct.