Ordinance - 1998 - 322 - Amending Title 4/Public Health & Safety/Noise - 04/28/1998ORDINANCE #322
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING
EAGLE CITY CODE TITLE 4 "PUBLIC HEALTH AND SAFETY", CHAPTER 1
"NUISANCES"; AND BY ADDING CHAPTER 9 TO MAKE IT UNLAWFUL FOR
ANY PERSON TO MAKE OR CAUSE LOUD OR OFFENSIVE NOISE WITHIN THE
CITY OF EAGLE BETWEEN 10:00 P.M. AND 7:00 A.M.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of Eagle wishes to preserve the peace within the city limits, and:
WHEREAS, The City of Eagle wishes to protect the welfare and safety of those who live
in and visit the City, and:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, ADA COUNTY, IDAHO:
Section 1: Eagle City Code, Title 4, Chapter 1, be and is hereby amended, to read as
follows:
CHAPTER 1
NUISANCES
Section 3: DEFINITION: For purposes of this Ordinance the definition of
"nuisance" shall be: A person or thing causing annoyance or trouble, or preventing one
from the full enjoyment of a pleasure, freedom or quiet; an act or circumstance which
causes annoyance or offense to another person or to the community at large.
Section 2: Eagle City Code, Title 4, Chapter 9, be and is hereby added, to read as
follows:
CHAPTER 9
NOISE
Section 1: AUTHORITY AND PURPOSE: This Chapter is enacted pursuant
to authority conferred by Article 12, Section 2, Idaho Constitution, and Sections 50-301
and 50-302, Idaho Code. Its purpose is to provide for and further the safety, health,
peace, good order, comfort and convenience of the inhabitants of the City of Eagle by
providing a procedure for abating loud or offensive noises with the City between the
hours of 10:00 p.m. and 7:00 a.m.
H:\COUNCIL\Draft Ordinances\Noise.doc
Section 2: PROHIBITED ACTS: Between the hours of 10:00 p.m. one day and
7:00 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, other than the source of the sound, or upon a public right of way or street at a
distance of one hundred (100) feet or more from the source of such sound.
Section 3: EXEMPTIONS: This chapter shall not apply to emergency vehicles,
while acting in response to an emergency; locomotives or other railway equipment,
airplanes and other FAA regulated aircraft; nor public displays of fireworks authorized
and approved under Chapter 26, Title 39, Idaho Code.
Section 4: PENALTY: Any person violating any provision of this Chapter shall
be deemed guilty of a misdemeanor and punished as provided in Section 1-4-1 of the
Eagle City Code.
Section 2: This Ordinance shall take effect and be enforce from and after its passage,
approval, and publication as required by law. In lieu of publication of the Ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED This 28th day of April, 1998.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
LftLY--
H:ICOUNCIL\Draft Ordinances\Noise.doc
The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of Puil_,A,ation
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
} ss.
ORDINANCE NO. 322
TITLE OF PUBLICATION
CITY OF EAGLE, ID
PLAINTIFF OR LEGAL AGENT
,b
deposes and says:
That I am the Publisher of VALL
weekly newspaper published at Meridian, in the County of .
Idaho; that said newspaper has been and is in general circus
aforesaid, and in the vicinity of Meridian; that the advertise
is attached hereto, was published in said newspaper once a
consecutive weeks in the regular and entire issue of s:
period and time of publication, and was published in the ne•
not a supplement; that said paper has been established and z
more than seventy-eight consecutive weeks prior to the date
said advertisement.
Such notice was published in the issue beginning with
19 98
19 98
X
and ending with the issue of MAY 5
STATE OF IDAHO
COUNTY OF ADA
On this rICI day of June
)
)
in the year of
1998
Public, personally appeared Tim Frates
to me to be the person whose name subscribed to the within
being by me first duly sworn, declared that the statements th
acknowledged to me that he/she executed the sane.
L -tit
Residing at
My Commission expires
Notary Public for Id
A -17-01
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 56 LINES
Number of Insertions 1
56 Lines @ $ 1.50 $ 84.00
Lines @ $1.25 $
TOTAL COST
WILL BE $ 84.00
Copy of Notice
"first Copy)
ORDINANCE #322
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDA
AMENDING EAGLE CITY CODE TITLE 4 "PUBLIC HEALTH AND SAFE]
CHAPTER I "NUISANCES", AND BY ADDING CHAPTER 9 TO MAKI
UNLAWFUL FOR ANY PERSON TO MAKE OR CAUSE LOUD
OFFENSIVE NOISE WITHIN THE CITY OF EAGLE BETWEEN 10:00 PM
7:00 AM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle wishes to preserve the peace within the city lir
and:
WHEREAS, The City of Eagle wishes to protect the welfare and safety of tl
who live in and visit the City, and: .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND C
COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO:
Section 1: Eagle City Code, Title 4, Chapter 1, be and is hereby amended, to
as follows:
CHAPTER 1
NUISANCES
Section 2: DEFINITION: For purposes of this Ordinance the definitio
"nuisance" shall be: A person or thing causing annoyance or trouble, or prever
one from the full enjoyment of a pleasure, freedom or quiet; an act or circumst
which causes annoyance or offense to another person or to the community at 1af
Section 2: Eagle City Code, Title 4, Chapter 9, be and is hereby added, to tea
follows:
CHAPTER 9
NOISE
Sectio >AUTHORITY AND PURPOSE: This Chapter is enacted pursuai
authority co erred by Article 12, Section 2, Idaho Constitution, and Sections 50 -
And 50-302, Idaho Code. Its purpose is to provide for stand further the safety, he
peace, good order, comfort and convenience of the inhabitants of the City of E
by providing a procedure for abating loud or offensive noises with the City beta
the hours of 10:00 p.m. and 7:00 a.m.
Section 2: PRvninii zii ACTS: Between the hours of 10:00 p.m. one day
7:00 a:m. the nest day, it shall be unlawful for any person or business to mak
cause loud or offensive noise by means of voice, musical instrument, horn, ra
loudspeaker, automobile, machinery, other sound amplifying equipment, or any c
means which disturbs the peace, quiet, and comfort of any reasonable persoi
normal sensitiveness residing in the area. Loud or offensive noise is that whit
plainly audible within any residence, other than the source of the sound, or upi
public right of way or street at a distance of one hundred (100) feet or more frorr
source of such sound.
Section 3: EXEMPTIONS: This chapter shall not apply to emergency vehie
while acting in response to an emergency; locomotives or other railway equiprr
airplanes ant other FAA regulated aircraft; nor public displays of firewi
authorized and approved under Chapter 26, Title 39, Idaho Code.
Section 4: PENALTY; Any person violating -any -provision -of this Chapter
be deemed guilty of a misdemeanor and punished as provided in Section 1-4-1 of
Eagle City Code.
Section 2: This Ordinance shall take effect and be enforce from and afte
passage, approval, and publication as required by law. In lieu of publication of
ordinance, a summary thereof in compliance with Section 50-901A, Idaho C
may be published.
DATED this 28th day of April, 1998.
City of Eagle, Ada County, Idaho
/s/Rick Yzaguirre, MAYOR
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