Subject: 10157/City Code/25-68/Loudspeakers&Amplifiers Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 10157 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 25, BY AMENDING SECTION 25-67 RELATIVE TO EXCESSIVE AND ANNOYING NOISES AND BY ADDING A NEW SECTION 25-68 RELATIVE TO LOUDSPEAKERS, AMPLIFIERS AND SOUND-AMPLIFYING DEVICES. _________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Part II, Chapter 25, section 25-67 be and the same is hereby amended by deleting subsection (a)(3) in its entirety and inserting in lieu thereof the following: (3) Yelling, hawking, etc., in streets. Yelling, hawking, shouting, hooting, whistling or singing on the streets or sidewalks or in public places, particularly between the hours of 11:00 p.m. and 7:00 a.m., in a manner which disturbs the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence. If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the person must be ordered to move, disperse or otherwise remedy the violation prior to his or her arrest or citation. Any order required by this subsection may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation. It is a defense to prosecution under this subsection that (1) in circumstances in which this section requires an order, no order was given; (2) an order, if given, was manifestly unreasonable in scope; or (3) an order, if given, was promptly obeyed. 0C SECTION 2. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Chapter 25, section 25-67 be and the same is hereby amended by deleting subsection (a)(4) in its entirety and inserting in lieu thereof the following: (4) Dogs. The keeping of any dog which, by causing frequent or long, continued noise, disturbs the comfort or repose of any person in a residence, hotel, motel or hospital. For the purposes of this subsection, "frequent or long, continued noise" shall include, but shall not be limited to, barking at an average rate of ten (10) or more barks per minute over a period of five (5) minutes which can be heard from a distance of one hundred (100) feet or more, but shall not include the barking of any dog responding to an emergency or to a trespasser on the property of the owner of such dog. The fine for the first violation of this subsection (a)(4) shall not be in excess of $25.00. SECTION 3. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Chapter 25, be and the same is hereby amended by adding a new section 25-68 as follows: Sec. 25-68. Loudspeakers, amplifiers and sound- amplifying devices. (a) Any person who operates or causes to be operated upon the public sidewalks, streets, alleys or highways of the City (including, but not limited to streets in public parks or on public property) any mechanical loudspeaker, sound amplifier or sound-amplifying device (hereinafter collectively referred to as a "device") shall comply with the following limitations and requirements: (1) Any such device which is within two hundred fifty (250) feet of any residential zone, as defined in the Chattanooga Zoning Ordinance, shall not be operated between 11:00 p.m. and 7:00 a.m. (2) Any such device shall not emit loud or raucous noises so as to interfere with the enjoyment of life or property, to interfere with public peace and comfort, or to interfere with the operation of any motor vehicle. (3) Any such device shall be operated so as not to cause traffic congestion or congregation of crowds which obstruct the public streets, alleys or highways. (4) Any such device shall not be operated in a manner in which a person can discern in a residential zone, from a distance of fifty (50) feet or more from such device, the tune, melody or title of any music played or the spoken words being broadcast through such device. Any such device shall not be operated in a manner in which a person can discern in a commercial or manufacturing zone, from a distance of one hundred fifty (150) feet or more from such device, the tune, melody or title of any music played or the spoken words being broadcast through such device. (5) Any such device shall not be operated within one hundred (100) feet of any: (A) hospital; (B) school that is in session; (C) nursing home; or (D) facility that provides surgical services to patients who do not require overnight hospital care during the hours of operation of the facility. (b) For purposes of this section, "surgical services" means therapy of a mechanical or operative kind, including, but not limited to, operations involving cutting, the setting of fractures and dislocations, and similar manual forms of treatment. (c) If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions, the person must be ordered to move, disperse or otherwise remedy the violation prior to his or her arrest or citation. (d) The order required by subsection (c) may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation. (e) It is a defense to prosecution under subsection (a) that: (1) in circumstances in which this section requires an order, no order was given; (2) an order, if given, was manifestly unreasonable in scope; (3) an order, if given, was promptly obeyed; (4) the device was operated within an enclosed motor vehicle and was not audible outside the vehicle in which it was operated; (5) the device is a horn on a motor vehicle and is used in accordance with the provisions of section 25-67(a)(1) of this Code; (6) the device is one required by any law, ordinance or regulation of the state, federal or municipal government; or (7) the device is operated as a part of any parade or other activity for which a permit (other than a business permit) has been obtained from any governmental entity. SECTION 4. BE IT FURTHER ORDAINED that if any section, subsection, sentence, word or figure contained in this ordinance should be declared invalid by a final decree of a court of competent jurisdiction such holding shall not affect the remaining sections, subsections, sentences, words or figures contained in this ordinance, but the same shall remain in full force and effect. SECTION 5. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. PASSED on Third and Final Reading January 10, 1995. s/s_______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE: January 11, 1995. s/s_______________________________ MAYOR WSPjr:tlm