ORDINANCE
[To Amend City of Prattville Code of Ordinances Chapter 50 – Offenses & Miscellaneous Provisions, Article III. – Offenses Involving Public Peace and Order, Division 2. – Noise.]
BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 50, Article
III. – Offenses Involving Public Peace and Order, Division 2., City of Prattville Code of
Ordinances is hereby amended as follows:
Sec. 50-74. Loud and unnecessary noises—Prohibited.
It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable people, within the city.
Sec. 50-75. Same—Acts enumerated; exemptions.
(a) Acts enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or any other vehicle on any street or public place of the city, except as a danger warning; the creating by means of any signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; or the use of any such signaling device when traffic is for any reason held up.
(2) Radios, televisions, phonographs, etc. The using, operating or permitting to be played, used or operated any radio or television receiving set, musical instrument, phonograph, or other machine or device for the purpose of producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with more volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time so as to annoy or disturb the quiet, comfort or repose of persons in any office, or any persons in the vicinity.
(4) Animals, birds, etc. The keeping of any animal or bird that by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
(5) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.
(6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motorboat or any other motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(8) Loading, unloading, opening boxes. The creating of a loud and excessive noise in connection with loading or unloading of a vehicle or the opening or destruction of bales, boxes, crates and containers.
(9) Construction or repairing of building. The erection, including excavation, demolition, alteration or repair, of any building other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of public health and safety and then only with a permit from the planning and development director, which permit may be granted for a period of not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the director should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if such director shall further determine that loss or inconvenience would not result to any party in interest, such director may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(10) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, court or church, while any of the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(11) Hawkers, peddlers. The shouting and crying of wares, ringing bells or use of other noise-making devices by peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(12) Drums, loudspeakers, etc. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or display of merchandise is hereby declared to be unlawful unless such performance, show, sale or display has on display, and available for inspection, a permit issued by the chief of police, which permit may be issued by the chief of police upon application, exhibition and demonstration of the device to be used for the creation of the noise, and the payment of an application or permit fee of $10.00 which permit may be issued if the demonstration or exhibition does not create a disturbance in its use for its intended purpose.
(13) Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along the streets and other public places upon carts, drays, cars, or trucks, which in any way disturbs the peace and quiet of persons in such streets or public places.
(14) Railroads, operation thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of a railroad locomotive or cars.
(15) Piledrivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise.
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of the operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(17) Pickup/delivery of waste containers. The pickup or delivery of solid waste and construction waste containers or the pickup of waste collected in said containers other than between the hours of 7:00 a.m. and 9:00 p.m., except on those properties classified as M-1 or M-2 in appendix A, Zoning.
(b) Exemptions. The following uses and activities shall be exempt from noise level regulations:
(1) Safety signals, warning devices, emergency pressure relief valves. Noises of safety signals, warning devices and emergency pressure relief valves.
(2) Emergency vehicles. Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in the time of an emergency.
(3) Permitted disturbances. Any other noise resulting from activities of temporary duration permitted by law and for which a license or permit has been granted by the city in accordance with its ordinances and laws.
(4) Pickup/delivery of waste containers. As to the pickup/delivery of waste containers prohibited by Sec. 50-75(a)(17) above, an aggrieved business or individual who can demonstrate they suffer substantial hardship by being limited to the pickup hours of between 7:00 a.m. and 9:00 p.m., may submit an application to the Police Department-Code Enforcement for a waiver. Upon receipt of such application, Code Enforcement shall submit an agenda request for the applicant to be heard at the next regularly scheduled City Council meeting. At such City Council meeting, the applicant will have an opportunity to submit evidence to establish any alleged substantial hardship. Members of the public will also be given an opportunity to speak either in favor or against such a waiver. The City Council, after hearing all arguments and receiving evidence, may by a majority vote issue a waiver for a particular individual or business, if the City Council finds that no other reasonable means or accommodations can remedy said hardship other than an alteration of pickup and delivery times of its waste containers. If approved, said waiver shall be valid for a period of one (1) year from the date of the Council meeting, after which, said waiver must be renewed by further vote of the City Council after a hearing in the same manner as detailed in this section.
Sec. 50-76. Same—Tests and standards.
(a) Factors to consider. The standards that shall be considered in determining whether a violation of sections 50-74 and 50-75 exists shall include, but not be limited to, the following:
(1) Volume. Volume of the noise.
(2) Intensity. Intensity of the noise.
(3) Usual or unusual. Whether the nature of the noise is usual or unusual.
(4) Natural or unnatural. Whether the origin of the noise is natural or unnatural.
(5) Background noise. Volume and intensity of the background noise, if any.
(6) Proximity. Proximity of the noise to residential sleeping facilities.
(7) Nature of area. Nature and zoning of the area within which the noise emanates.
(8) Density of area. Density of inhabitation of the area within which the noise emanates.
(9) Time. Time of the day or night the noise occurs.
(10) Duration. Duration of the noise.
(11) Frequency. Whether the noise is recurrent, intermittent or constant.
(12) Commercial or noncommercial. Whether the noise is produced by a commercial or noncommercial activity
(b) Tables.
(1) Table I.
LIMITING NOISE LEVELS FOR USE DISTRICTS
| Octave band center frequency cycles per second | Maximum permissible sound pressure (levels in decibels re: 0.0002 microbars) | ||
| Use District | |||
| Residential | Commercial | Manufacturing | |
| Below 75 | 65 | 79 | 80 |
| 75 to 150 | 60 | 74 | 75 |
| 150 to 300 | 55 | 66 | 70 |
| 300 to 600 | 55 | 59 | 64 |
| 600 to 1200 | 45 | 53 | 58 |
| 1200 to 2400 | 45 | 47 | 53 |
| 2400 to 4800 | 40 | 41 | 49 |
| Above 4800 | 40 | 39 | 46 |
If the noise is not smooth and continuous, one or more of the corrections in table II in subsection (b)(2) of this section shall be added to or subtracted from each of the decibel levels given in table I of this subsection.
(2) Table II
TYPE OF OPERATION IN CHARACTER OF NOISE
(Correction in decibels)
| Noise source operated less than 20 percent of any one-hour period | plus five* |
| Noise source operated less than five percent of any one-hour period | plus ten* |
| Noise source operated less than one percent of any one-hour period | plus 15* |
| Noise of impulsive character (e.g., hammering) | minus five |
| Noise of periodic character (e.g., hum, screech) | minus five |
*Apply one of these corrections only
If the noise occurs between the hours of 10:00 p.m. and 7:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in table I of subsection (b)(1) of this section. It shall be unlawful to operate a motorized vehicle within the city limits which creates a noise or sound which exceeds the noise level limits set out in table III of subsection (b)(3) of this section.
(3) Table III.
LIMITING NOISE LEVELS FROM VEHICLES
| Maximum distance | dB(A) | |
| Trucks and buses | ||
| —Over 10,000 pounds | 50 feet | 97 |
| 25 feet | 93 | |
| —Under 10,000 pounds | 50 feet | 80 |
| 25 feet | 86 | |
| Passenger cars | 50 feet | 78 |
| 25 feet | 84 | |
| Motorcycles, including other vehicles | 50 feet | 87 |
| 25 feet | 93 |
Sec. 50-77 – 50.95. – Reserved.
THIS Ordinance shall become effective upon its passage and execution as provided by law.
ADOPTED THIS 20TH DAY OF AUGUST, 2024.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2024, PAGE 016
