Jefferson Parish |
Code of Ordinances |
Chapter 20. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article V. OFFENSES AGAINST PUBLIC PEACE |
§ 20-102. Noise.
(a)
Scope. The provisions of this section shall apply to the control of all sound originating within geographical limits of the parish and excluding the municipalities located therein.
(b)
Definitions. For the purpose of this section, the following definitions shall apply, provided, however, that all terminology used herein and not defined shall be in conformance with applicable publications of the American National Standards Institute (ANSI):
A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is DB(A) or dB(A).
Alarm means any fire, burglary, motor vehicle or civil defense alarm, whistle or similar stationary emergency signaling device.
Commercial area means a district composed of certain lands and structures used primarily to provide for the retailing of goods and the furnishing of selected services.
Construction means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or of public or private rights-of-way, structures, utilities, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
Emergency vehicle means a motor vehicle belonging to a fire district or volunteer fire company or certified private vehicle belonging to a volunteer fireman, or fire fighting association, partnership or corporation, an ambulance, a motor vehicle belonging to private security agency or a motor vehicle belonging to federal, state, parish or municipal law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose.
Emergency work means any work for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Holiday means New Year's Eve, New Year's Day, Mardi Gras, Good Friday, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve, or Christmas Day.
Industrial area means a district intended for light manufacturing, processing, storage and warehousing, wholesaling and distribution.
Land use category means the classification of an area, such as single-family residential, manufactured home, two-family residential, townhouse, multiple-family residential, general office, medical service, business core, neighborhood commercial, general commercial, industrial, and special industrial.
Motor vehicle means a two (2) or more wheeled vehicle, or machine, propelled or drawn by mechanical power and used on the public roads and highways in the transportation of passengers or property; or any combination thereof, which is required to be licensed, but does not include any vehicle, locomotive, or car operated exclusively on rail or rails.
Multifamily dwelling means a building designed for or occupied by five (5) or more families.
Noise-sensitive area means an area where a school, hospital, nursing home, church, court, or public library is located.
Permit means an authorization received from the parish's office of carnival and special events or other appropriate permitting agency to conduct a parade, special event, fair, revival, celebration or other group event.
Person means any individual, association, partnership, corporation, and includes any officer, employee, department, agency, or instrumentality of the United States.
Powered model vehicle means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.
Public space means any real property or structure thereon owned by a governmental entity and normally accessible to the public, including, but not limited to, parks, and other recreational areas.
Real property line means a line along the surface, and its vertical plane extension, which separates the real property owned, rented, or leased by one (1) person from that owned, rented, or leased by another person, excluding intra-building real property division.
Residential area means an area composed of certain lands and structures having single-family, two-family, or multifamily residential characteristics.
Sound level means the A-weighted sound pressure level obtained by use of a sound level meter as specified in American National Standards Institute Specification for sound level meters (ANSI.4-1971, as amended).
(c)
Excessive noise prohibited generally. No person shall make, continue, or cause to be made or continued any loud unnecessary or excessive noise which unreasonably interferes with the comfort and repose of others within the jurisdiction of the parish.
(d)
Enforcement responsibility. The Jefferson Parish Sheriff's Office shall be responsible for the enforcement of the provisions of this section.
(e)
Cooperation of parish departments. All parish departments shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the policy of this section.
(f)
Maximum permissible sound limits . It shall be unlawful to make, cause or allow the making of any noise or sound which violates the provisions of this section.
(1)
No person shall operate or cause to be operated any source from any location, including navigable waters located within the geographical limits of the parish, in such a manner as to create a sound level which exceeds the limits set forth in Table 1 for the receiving land use category for any measurement period, when measured at or beyond the property boundary of the and use category from which the sound emanates or, in the case of navigable waters, when measured from the property boundary of the receiving land use category, provided however, that in the case of multifamily dwelling land use category, the sound level shall be measured within an adjacent intra-building dwelling.
(2)
For any source of sound, the sound level shall not exceed the maximum permissible sound level limit set forth in Table 1 by fifteen (15) dB(A) for all land use categories.
(3)
Sound level measurement shall be made with a sound level meter using the A-weighting scale in accordance with the standards promulgated by the American National Standards Institute.
_____
Table 1. Maximum Permissible Sound Levels By Receiving Land Use Category
Land Use Category
Time
Sound Level
Limit (dB(A))
Residential, noise-sensitive area, public space 7:00 a.m.—9:59 p.m. 60 10:00 p.m.—6:59 a.m. 55 Multifamily dwelling 7:00 a.m.—9:59 p.m. 50 10:00 p.m.—6:59 a.m. 45 Commercial, convention 7:00 a.m.—9:59 p.m. 65 10:00 p.m.—6:59 a.m. 60 Industrial At all times 75 _____
(g)
Exemptions. The following are exempt from sound level limits of Table 1:
(1)
Domestic power tools, lawn movers and agricultural equipment, when operated with a muffler, between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and Saturdays and 8:00 a.m. to 9:00 p.m. on Sundays and holidays.
(2)
Noises resulting from any authorized emergency vehicles when responding to an emergency.
(3)
Noises made by persons having obtained a permit.
(4)
Any noise resulting from activities of a temporary duration, for which a permit has been granted pursuant to this section, and which conforms to the conditions and limits stated thereon.
(5)
Noises from church bells and chimes.
(6)
Noises from temporary construction activity are exempt from Table 1, except that the industrial sound level limit shall apply in all land use categories and the restrictions for use of equipment in construction activity as stated in section 20-102(h)(6) shall be applicable as specified in that section.
(7)
Collection of garbage, refuse, or recyclables by the parish and/or its contractors.
(8)
Infrastructure construction, repair or maintenance by or on behalf of the Parish of Jefferson.
(9)
Any noise resulting from the use of a generator(s) while there is a power outage in the area or resulting from routine testing or maintenance of the generator(s) conducted between 7:00 a.m. and 10:00 p.m.
(h)
Specific prohibitions. In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this section:
(1)
Horns, signaling devices. The sounding of any horn or signaling device on any motor vehicle on any street or public place in the parish continuously and/or incessantly for a period in excess of sixty (60) seconds, except as a danger warning.
(2)
Radios, televisions, musical instruments and similar devices.
a.
The operating or playing of any radio, musical instrument or similar device which produces or reproduces sound on the public right-of-way in such a manner as to exceed the maximum permissible sound levels by any receiving land use category set out in Table 1 of section 20-102 of the Jefferson Parish Code of Ordinances.
b.
The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in a motor vehicle or public park in a manner as to be plainly audible at a distance of fifty (50) feet.
c.
The operating or playing of any radio, television, phonographs, musical instruments or similar device which produces or reproduces sound in such a manner as to exceed the levels set forth in Table 1 for the land use category.
(3)
Loudspeakers and sound amplifiers. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays, within or adjacent to residential or noise sensitive areas such that the sound therefrom is plainly audible across the real property line of the source; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained.
(4)
Street sales. The offering for sale by shouting or outcry within any residential or noise-sensitive area except by permit issued by the parish if the shouting or outcry exceeds the maximum permissible sound levels shown in Table 1.
(5)
Animals. The owning, possessing, or harboring of any animal which frequently, or for continued duration, howls, barks, squawks, or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive area. For the purpose of this section, "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten (10) minutes, or barks intermittently for one-half (½) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that the dog shall not be deemed a "barking dog" if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(6)
Construction and demolition. The operating of any equipment used in construction work within three hundred (300) feet of any residential or noise-sensitive area between the hours of 9:00 p.m. to 7:00 a.m. on weekdays and Saturdays and 9:00 p.m. to 8:00 a.m. on Sundays and holidays, except for emergency work. The construction firm shall report any use of construction equipment for emergency work within three hundred (300) feet of any residential or noise-sensitive area during the restricted hours as stated herein shall be reported before such work begins or as soon as possible thereafter to the department of inspection and code enforcement. The report shall state with sufficient details the nature of the emergency requiring the use of construction equipment.
(7)
Powered model vehicles. The operating of, or permitting the operating of, powered model vehicles:
a.
Between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and Saturdays and 9:00 p.m. to 8:00 a.m. on Sundays and holidays.
b.
In such a manner as to exceed the levels set for public space land use, measured at a distance of not closer than one hundred (100) feet from the operator.
(8)
Emergency signaling devices:
a.
Except in cases of an emergency, the intentional sounding of any alarm between the hours of 10:00 p.m. and 7:00 a.m.
b.
The testing of any alarm for a period in excess of sixty (60) seconds at any time.
c.
The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month and the sounding of said emergency signaling system for a period in excess of fifteen (15) minutes.
(i)
Motor vehicles. No person shall operate or cause to be operated any motor vehicle, or motorcycle not equipped with a muffler in good working order and in constant operation. No person shall remove or render inoperative or cause to be removed or rendered inoperative, any muffler or sound-dissipative device on a motor vehicle or motorcycle other than for the purpose of maintenance, repair or replacement. In addition, subject to the exemptions provided in subsection (g) herein, no person shall operate or play, or permit the operation or playing of, any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance at a distance of fifty (50) feet from such radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device when it is played or operated in or on a motor vehicle that is on any public right-of-way or in any public space. A person who is convicted of a violation of this subsection shall be punished by a fine not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense and two hundred fifty dollars ($250.00) for the third and all subsequent offenses.
(j)
Truck deliveries ; loading and unloading. It shall be unlawful to load or unload a delivery truck between the hours of 10:00 p.m. and 7:00 a.m. within three hundred (300) feet of a residential unit, noise-sensitive area, or public space if the sound level limit at the boundary of these areas exceeds the sound level limit set forth in Table 1 of section 20-102(f). It shall also be unlawful to operate a refrigeration unit on any truck within three hundred (300) feet of any residential unit within the parish during said time period.
(k)
Bulk waste containers. It shall be unlawful to load or unload a bulk waste container (bulk containers normally used with mechanical collection equipment; dumpster) between the hours of 10:00 p.m. and 7:00 a.m. within three hundred (300) feet of a residential, noise-sensitive area, or public space if the sound level limit at the boundary of these areas exceeds the sound level limit set forth in section 20-102(f).
(l)
Penalties. Any person who violates any provision of this section shall be punished as set forth in section 1-10 of this Code.
(Code 1961, §§ 12-12.1, 12-25; Ord. No. 19170, § 1, 9-7-94; Ord. No. 20983, § 1, 6-14-00; Ord. No. 21730, § 1, 12-11-02; Ord. No. 22231, § 1, 6-9-04; Ord. No. 22271, § 1, 7-14-04; Ord. No. 22328, §§ 1, 2, 10-13-04; Ord. No. 22518, §§ 1—3, 6-8-05; Ord. No. 23585, § 1, 7-22-09; Ord. No. 24527, § 1, 7-24-13; Ord. No. 25766 , § 1, 4-3-19)
Cross reference
Railroad whistles, horns, etc., § 28-9.