Ordinance - 2000 - 370 - Amend Portions Of Title 4 - 08/08/2000ORDINANCE NO. 370
AN ORDINANCE OF EAGLE, ADA COUNTY, IDAHO, AMENDING PORTIONS
OF TITLE 4, CHAPTER 9, PROPOSED LOUD AMPLIFICATION DEVICES; NOISE
ORDINANCE, EAGLE CITY CODE, SPECIFICALLY AMENDING EAGLE CITY
CODE 4-9-1 AUTHORITY AND PURPOSE, ADDING 4-9-2 DEFINITIONS,
AMENDING 4-9-3 PUBLIC DISTURBANCE NOISE PROHIBITED, ADDING 4-9-4
LOUD AMPLIFICATIONS, ADDING 4-9-5 ENFORCEMENT, AMENDING 4-9-6
EXEMPTIONS AND PROVIDING AN EFFECTIVE DATE.
CHAPTER 9
PROPOSED LOUD AMPLIFICATION DEVICES; NOISE ORDINANCE
SECTIONS:
4-9-1 AUTHORITY AND PURPOSE
4-9-2 DEFINITIONS
4-9-3 PUBLIC DISTURBANCE NOISE PROHIBITED ACTS
4-9-4 LOUD AMPLIFICATIONS
4-9-5 ENFORCEMENT
4-9-6 EXEMPTIONS
4-9-7 PENALTY
4-9-1 AUTHORITY AND PURPOSE:
of the citizens of Eagle. It'a riarprr cid further the safety,
l try, p aoz f 273 'kzzitants of tho City
byprei idi:4 a-
botwcon tho hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
(Ord. 322,4 28 1998) It is determined that sound can and does constitute a
hazard to the health, safety, welfare, and quality of life of residents of the city.
The Mayor and Council. bv wav of Idaho Code Section 50-308 are empowered to
impose reasonable limitations and regulations upon the production of sound to
reduce the harmful effects thereof. Now. therefore. it is hereafter the policy of this
city to prevent and regulate sound generated bv loud amplification devices
wherever it is deemed to be harmful to the health. safety. welfare. or aualitv of
life of the citizens of the city. and this Ordinance shall be liberally continued to
effectuate that purpose.
4-9-2 DEFINITIONS:
For the purposes of this ordinance. the following definitions shall apply:
CITY
Eagle. Idaho. or the area within the city limits of Eagle. Idaho.
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COMMON AREA(S):
The area(s) of a facility. complex. apartment unit. hotel. motel or the like that
are open either to the general public or persons with the permission of the
owner or agent of the owner of the area. This definition would include but not
be limited to the following: swimming pools. restaurants. patios. hot tubs.
saunas. laundry rooms. meeting rooms. lobbies. lounges. bars and other areas
within the facility that are either constructed or designed for use in this manner.
EMERGENCY:
Anv occurrence or set of circumstances involving actual or imminent physical
trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE:
A motor vehicle belonging to a fire department. fire -fighting association. or fire
district. an ambulance. or a motor vehicle belonging to a federal. state. county. or
municipal law enforcement agency.
PERSON:
Anv individual. association. organization. or entity having a legally recognized
existence. whether public or private.
PLACE OF RESIDENCE:
Anv building or portion thereof adapted or used and intended for the overnight
accommodation of persons. In the event the building is used for multiple
individual units (i.e. apartment. condominium. hotel. motel. duplex. triplex. etc.)
each individual unit shall be considered a separate residence for the purposes of
this ordinance.
PLAINLY AUDIBLE:
Sound for which the information content is clearly communicated to the listener.
including. but not limited to. understandable spoken speech. comprehension of
whether a voice is raised or normal. comprehensible musical rhythms. melody. or
instrumentation. and the source of which is identifiable to the listener.
4-9-3 PUBLIC DISTURBANCE NOISE PROHIBITED:
Between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (07: 00)
A.M. the next day, it shall be unlawful for any person or business to make or
cause loud or offensive noise by means of voice, musical instrument, horn, radio,
loudspeaker, automobile, machinery, other sound amplifying equipment, or any
other means which disturbs the peace, quiet, and comfort of any reasonable
person of normal sensitiveness residing in the area. Loud or offensive noise is that
which is plainly audible within any residence or business other than the source of
the sound, or upon a public right of way or street at a distance of one hundred feet
(100') or more from the source of such sound. (Ord. 322, 428-1998)
4-9-4 LOUD AMPLIFICATIONS:
It shall be unlawful for any person to operate. or permit the operation of. any
loud amplification device upon or within a motor vehicle in such a manner
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that the sound therefrom is plainly audible upon a public right-of-way or street
at a distance of 50 feet or more from the source of sound.
4-9-5 ENFORCEMENT:
A. Peace Officer citation. Any peace officer or person empowered to enforce this
provision of the Eagle City Code is authorized to issue a uniform citation
upon his own observation of a violation without the necessity of a citizen
complainant's signature on said citation. By signing the citation officer or
person is certifying that he has reasonable grounds to believe that the person
cited committed the offense contrary to law.
B. Citizen citation. A uniform citation may also be signed by any citizen or
person in whose presence an alleged violation of this ordinance occurred and
be witnessed by a peace officer or person empowered to enforce this
provision of the Eagle City Code whose name shall be endorsed on the
citation.
4-9-6 EXEMPTIONS:
The following sounds are exempted from the provisions of this Ordinance:
A. Sounds caused by any emergency vehicle or personnel when responding to an
emergency call or acting in time of an emergency.
B. Airplanes and other FAA regulated aircraft.
C. Sounds caused by activities upon any outdoor municipal. school. religious. or
publicly owned property or facility. provided that such activities has been
authorized by the owner of such property or facility or its agent.
D. Sounds caused by parades, fireworks displays, or any other event for which a
permit for that tune of activity is required and has been obtained from the
authorized governmental entity within such hours as may be imposed as a
condition for the issuance of said permit.
E. Sounds caused by locomotives or other railroad equipment.
F. Sounds caused by burglar alarms that are not in violation of Eagle City Code.
G. Sounds caused by safety warning devices reauired by law.
H. Sounds caused by devices approved for use within the confines of the
particular zoning designation that the device is located or pursuant to a
conditional use permit (i.e. drive-thru window sneakers. car lot p.a. systems).
I. Sounds emanating from devices used within the common areas of a multi -unit
facility whose use has been approved by the owners or management of the
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facility. Said use must be in compliance with any regulations imposed by the
owners or management of the facility to be exempt under this ordinance. This
exemption only applies in relation to other units within the same facility.
4-9-7 PENALTY:
Any person violating any provision of this ordinance shall be deemed guilty of
a misdemeanor and punished as provided in Section 1-4-1 of this Code. (Ord.
322,4-28-1998)
This ordinance shall be published once in the official newspaper of the City, and shall
take effect upon its passage, approval, and publication.
DATED this 8th day of August, 2000
CITY OF EAGLE
Ada County, Idaho
ATTEST:
6.4-(9____ f _ C90-14-
SHAR N K. MOORE
City Clerk
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The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account # DTI# Identification
116026
Ordered by
299582 PUBLIC HEARING - NOISE ORDINANCE AMD. PH2
P 0 # Rate Run Dates
BILL VAUGHAN
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
City of Eagle
The City of Eagle will hold a public
hearing to amend Eagle City Code,
Amending Portions Of Title 4, Chapter 9,
Proposed Loud Amplification Devices;
Noise Ordinance, Eagle City Code, Specif-
ically Amending Eagle City Code 4-9-1
Authority And Purpose, Adding 4-9-2 Def-
initions, Amending 4-9-3 Public Distur-
bance Noise Prohibited, Adding 4-9-4
Loud Amplifications, Adding 4-9-5
Enforcement, Amending 4-9-6 Exemp-
tions And Providing An Effective Date.
A hearing will be held on the Ordinance
City of AugustaCity Hall, 7:3031Easat
State
Street, Eagle, ID 83616. A copy of all doc-
uments is available for review upon
request. Any member of the public has
the right to appear at the public hearing
and present evidence regarding the pro-
posed Ordinance 370. Written or oral
comments about the proposed rates will
be accepted up until 5:00 p.m. August 8,
2000. Auxiliary aids or services for per-
sons with disabilities are available upon 48
hours of advanced notice. Please contact
Sharon K. Moore at 939-6813 for additional
information.
Pub. Jul. 31, 2000 7896
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July 31, 2000
(Number of Lines
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Affidavit
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Amount:
$30.30
Legal #
7896
JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: ONE
consecutive weekly
daily
F-7 consecutive
insertion(s)
beginning with the issue of:
and ending with the issue of:
//Le—Je.
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STATE OF IDAHO )
)SS
COUNTY OF ADA )
On this 1 day of AUGUST in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and acknowledged to me that she executed the same.
MI
single
odd skip
JULY 31 , 2000
JULY 31 , 2000
pfk
Notary Public for Idat�6
Residing at: Boise, Idaho
My Commission expires:
40 a
RECEIVED & FILED
CITY OF EAGLE
. U6 0 3 2000
File:
Rout to:
Account #
116026
Ordered by
DTI#
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Identification Amount:
310553 ORDINANCE 370
P.0 # Rate
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
RECEIVED & FILED
CITY OF EAGLE
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August 18, 2000
!Number of Lines
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!Affidavit Legal #
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NICE HILDRETH being duly swom, deposes and says: That she is the Principal
t Ierk of The Idaho Statesman, a daily newspaper printed and published at
oise, Ada County, State of Idaho, and having a general circulation therein, and
hich said newspaper has been continuously and uninterruptedly published in
aid County during a period of twelve consecutive months prior to the first
ublication of the notice, a copy of which is attached hereto: that said notice
ias published in The Idaho Statesman, in conformity with Section 60-108,
ONE
Idaho Code, as amended for:
consecutive weekly
consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
X
single
odd skip
AUGUST 1 8 , 2000
AUGUST 1 8 , 2000
STATE OF IDAHO
)ss
COUNTY OF ADA )
On this 2 2 day of AUGUST in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and knowledged to me that she executed the same.
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
LEGAL NOTICE
ORDINANCE NO. 370
AN ORDINANCE OF EAGLE, ADA COUNTY, IDAHO, AMENDING PORTIONS OF
'TITLE 4, CHAPTER 9, PROPOSED LOUD AMPLIFICATION DEVICES; NOISE ORDI-
NANCE, EAGLE CITY CODE, SPECIFICALLY AMENDING EAGLE CITY CODE 4-9-1
AUTHORITY AND PURPOSE, ADDING 4-9-2 DEFINITIONS, AMENDING 4-9-3 PUB-
LIC DISTURBANCE NOISE PROHIBITED, ADDING 4-9-4 LOUD AMPLIFICATIONS,
ADDING 4-9-5 ENFORCEMENT, AMENDING 4-9-6 EXEMPTIONS AND PROVIDING
AN EFFECTIVE DATE.
CHAPTER 9
PROPOSED LOUD AMPLIFICATION DEVICES; NOISE ORDINANCE
SECTIONS:
9.9,1 AUTHORITY AND PURPOSE
-11 ERI BANCE NOISE PROHIBITED -AEF+
4-9-6 EXEMPTIONS
4-9-7 PENALTY
4-9-1 AUTHORITY AND PURPOSE:
This-ehapt 7I
It is determined that
sound can and does constitute a hazard to the health, safety, welfare, and quality of life
of residents of the city The Mayor and Council. by way of Idaho Cnrie Sartion s0 -30R are
Pr -.i1a� I` it . . r -- .. 1-11-114:411:,:o.i, -i.37A' 071 ii i•,IR Sui'Tii.T-11E'lt
c
A r1-•uI. - • d •en- at - • b low -mPIificatio w -r-
ta of me city. and this Ordinance shall be liberally continued to effectuate that
4-9-2 DEFINITIQNS:
Uthe all�iRRii6655P25S 6Offmis ordinance. the following definitions shall apply:
UR'
Idaho. or the area within the kitty limits of Eagle. Idaho.
PwW1�J�ti���Pa AaAA� LGjg coni
te,11%lltiS
GGiexaoaartmenntt uunit hotel. motel or the like that are
immtq s, e. t�7a�sies IoUh�5 �Yet�s J✓ifi?n�tlL+ta
miens
n r se Iff this .
Or 1>
3n .
r 1 •r aN i attention. mal or imminent ohvsical trauma
a_ ino i YriillP
nA to a fire rigoartmept fire-fitahtin� association, or merneh
or venicle DefOrmi ho a tedarai. tate. county.
agency.
SpF[�tinn, organization. or entity having a legally recognized exist -
2w. j p (�tp� %bp�(th Pn(pt��j)�(fU1la�%1U j}�
E15loAeH�� a pt]raX 52S 4t tit et a n 1r10iVaagl unit 3hali
•1
tt r�'at content is clear) ) mtj t. to the listener,
a •f1 •. ( T1i (.t "4L l g�yS•� . Sat'h�DAT It1MAi
non. an me • trce of wni s e1i ( d b 1hP 1. J-
4-9-3 PUBLIC DISTURBANCE NOISE PROHIBITED:
Between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (07: 00) A.M.
the next day, it shall be unlawful for any person or business to make or cause loud or
offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, auto-
mobile, machinery, other sound amplifying equipment, or any other means which dis-
turbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness
residing in the area. Loud or offensive noise is that which is plainly audible within any
residence or business other than the source of the sound, or upon a public right of way or
street at a distance of one hundred feet (100') or more from the source of such sound.
(Ord. 322,428-1998)
4-9-4 LOUD AMPL TI
un a ah Fson to qpm ate or rmit the rat' of an loud
@@rllpl (ttgR e is orf in a m{i(6P vpt{i-w �i r street
a manner ce 50sou_ rin
to
Ri tS iSlainly ouch e u Le a public riahT-ot 4va or SRPet at a di Ce Di 50
AAPP a e from ffhhe s0urt so
A. iF lc P LIf U
e a Ion. Any ace officer or rson - � �� to enforce this
perp sionp{��1 d ce is oriz issue a ung. ypJ�,.
(��i tfI'issCeown
Sap tQfl E ib.,
011 �� l.1 � •.. a s. .� y S 1 s slQea50nabie
(�� aSW(
o.' i�(a(�" f' { 1 t;��i 1. -
or .rson in
se �j �e app i1 -; yi i �e
IC oUe E�i11PetiV EXcie
PI se rlailfersnall Be end
4-9-6 EXEMPTIONS:
The following sounds are exempted from the provisions of this Ordinance:
A. Sounds caused by any emergency vehicle or personnel when responding to an
emergency call or acting in time of an emergency.
B. Airplanes and other FAA regulated aircraft.
C. Sounds caused by activities wonan of m�t1 `,�Q�I, school reDy ous or p)kb
lien�yy own . rnpp or facil" aroVT ai fIVITihB rias beer{ aurtfariz�tl pV RIZ
o*fler. r •Y -
Or fa k�7yor" a0NI.
f) • • a apes vJo s diisrypa�(ps or�any
ajrother
�pevent
��for wihich�al
sh �AFC7��r�LLr s aV rse irYVEO 85 a tOflCltioN 1of ihPoissU-
ATIA Itq � ilr e^t, caale City Code.
es laaanr'Mo-PVIiP.Pr1111(Wir ) confines of the particular
s •t Q� lac
.a. - r irs a t to conditional use hermit
b41-�m� W. p��2sY)eo�s �`).
�54yUn enn�f tronil eGic s u Q Yn the mon areas of a multi -unit
us�epp tali yU ze irnrose �egqoPggY1 lemppttu pi�ss d r1 -h e. �fffs ekErf1 � 7iIV a 1i aa
( I�
fb Off t u ids wumin me same ci1tN
4-9-7 PENALTY:
Any person violating any provision of this ordinance shall be deemed guilty of a
misdemeanor and punished as provided in Section 1-4-1 of this Code. (Ord.
322,4-28-1998)
This ordinance shall be published once in the official newspaper of the City, and shall
take effect upon its passage, approval, and publication.
DATED this 8th day of August, 2000
CITY OF EAGLE
Ada County, Idaho
RICK YZAGUIRRE, Mayor
ATTEST: SHARON K. MOORE, City Clerk
Pub. Aug. 1B, 2000 8081