?CITY OF DEQUINCY
ORDINANCE NO. 965
AN ORDINANCE TO AMEND SECTION 10-91-99 OF ARTICLE VI OF CHAPTER 10 – NOISE
WHEREAS, the City of DeQuincy desires to clarify the noise ordinance with the following provisions.
THEREFORE, BE IT ORDAINED by the City Council of the City of DeQuincy, in legal session convened, that Section 10-91-99 of Article VI of Chapter 10 of the Code of Ordinances of the City of DeQuincy is hereby amended to repeal and replace to read as follows:
ARTICLE VI. – NOISE
Sec. 10-91. Scope.
The provisions of this article shall apply to the control of all sound originating within geographical limits of the city limits of DeQuincy, within all territory to which the jurisdiction of the city extends.
Sec. 10-92. Definitions.
For the purposes of this article, the following definitions shall apply:
Alarm shall mean any fire, burglary, motor vehicle, or civil defense alarm, whistle, or similar stationary emergency signaling device.
Commercial area shall mean a district composed of certain lands and structures used primarily to provide for the retailing of goods and the furnishing of selected services.
Construction shall mean 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 shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
Emergency vehicle shall mean a motor vehicle belonging to a fire district or volunteer fire company or certified private vehicle belonging to a volunteer fireman, or firefighting association, partnership, or corporation, an ambulance, a motor vehicle belonging to a private security agency or a motor vehicle belonging to a 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 shall mean any work for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Holiday shall mean 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 shall mean a district intended for light manufacturing, processing, storage and warehousing, and wholesaling and distribution.
Land use category shall mean 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 shall mean 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.
Multi-family dwelling shall mean a building designed for or occupied by five or more families.
Noise-sensitive area shall mean an area where a school, hospital, nursing home, church, court, or public library is located.
Off-road vehicle shall mean any vehicle which cannot be licensed by the State of Louisiana, including dirt bikes, four wheelers, and three wheelers.
Permit shall mean an authorization received from the appropriate permitting agency to conduct a parade, special event, fair, revival, celebration, or other group event.
Person shall mean any individual, association, partnership, corporation, and includes any officer, employee, department, agency, or instrumentality of the United States.
Powered model vehicle shall mean any self-propelled airborne, waterborne, or land borne 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 shall mean 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 shall mean 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 shall mean a line along the surface, and its vertical plane extension, which separates the real property owned, rented, or leased by one person from that owned, rented, or leased by another person, excluding intra-building real property division.
Residential area shall mean an area composed of certain lands and structures having single-family, two-family, or multi-family residential characteristics.
Sec. 10-93. 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 city limits of DeQuincy.
Sec. 10-94. Enforcement responsibility.
The DeQuincy Police Department’s office shall be responsible for the enforcement of the provisions of this article.
Sec. 10-95. 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 article.
Sec. 10-96. Exemptions.
The following are exempt:
(1) Domestic power tools, lawn mowers, 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 temporary duration, for which a permit has been granted pursuant to this article, and which conforms to the conditions and limits stated thereon.
(5) Noises from church bells and chimes.
(6) Collection of garbage, refuse, or recyclables by the parish and/or its contractors.
(7) Use of propane guns for rice planting and harvesting.
Sec. 10-97. Specific prohibitions.
In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this article:
(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 be excessive, raucous, jarring noise, or unreasonable loud noise to disturb or interfere with the peace and good order of persons within the area of audibility; and
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 and disturbs person(s) other than the operator of the devices.
(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 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) Construction and demolition. The operating of any equipment used in construction work within one hundred sixty-five (165) feet of any residential or noise sensitive area between sunset and sunrise on weekdays and Saturdays, and 9:00 p.m. to 8:00 a.m. on Sundays and holidays, except for emergency work.
(5) Powered model vehicles. The operating of, or permitting the operation of, powered model vehicles 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.
(6) Emergency signaling devices.
a. Except in cases of 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 seconds at any time.
c. The testing of a complete emergency signaling system, including the signaling device and the personnel response to the calendar month and sounding of said emergency signaling for a period in excess of fifteen minutes.
(7) Motor vehicles. No person shall operate or cause to be operated any vehicle, off road 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.
(8) 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 5:30 a.m. within three hundred (300) feet of a residential, noise-sensitive area, or public space if the sound level is unreasonable.
(9) Residential neighborhood. The operating or playing of any radio, musical instrument, loud speaker, sound amplifier, television, phonograph, or similar device which produces or reproduces sound in such a manner so as to produce an excessive, raucous, jarring, or unreasonably loud noise plainly audible beyond the property boundaries of the property from which the noise emanates so as to disturb or interfere with the peace and good order of persons within the area of audibility.
(10) No person shall operate or allow to be operated any all-terrain vehicle, off-road vehicle, or motorcycle on property within or adjacent to a residential neighborhood so as to create a nuisance as a result of noise, dust, mud, or other debris generated by such activity.
Sec. 10-98. Creating sounds, operating machines, etc., interfering with worship within churches, etc.
It shall be unlawful for any person to create or operate any machine, instrument or device which creates within three hundred (300) feet of a church, synagogue, or regular place of worship within the parish, any loud or raucous sounds or noise where it is foreseeable that such sounds will interfere with the conduct of worship within the churches, synagogues, or regular places of worship.
Sec. 10-99. Violation.
Any person shall be in violation of this article if two (2) witnesses, not in the same household, but in the immediate neighborhood, complain and sign affidavits describing the activity. These affidavits shall be presented to the City of DeQuincy Police Chief. On a second offense the law enforcement officer shall immediately issue a citation or summons to the violator. If the law enforcement officer observes the activity, a citation or summons shall be issued to the violator.
Be it further ordained that all Ordinances or parts of Ordinances in conflict with this Ordinance be and the same are hereby repealed.
Said Ordinance having been introduced on the 13th day of May 2024 and Ordinance considered, on motion by Scott Wylie, seconded by Margaret Brown to adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 5
NAYS: 0
ABSENT: 0
ABSTAIN: 0
This Ordinance was declared duly adopted on this 10th day of June 2024.
/s/Eddy Dahlquist
Eddy Dahlquist,
Chairman of the Council
I hereby certify that the foregoing Ordinance has been presented to the Mayor on this 10th day of June 2024, at 5:30 p.m.
/s/Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
I have reviewed the above and foregoing Ordinance on this 10th day of June 2024, and do hereby Approve/Veto same.
/s/ Riley Smith
Riley Smith,
Mayor
I certify that the above and the foregoing constitutes a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on June 10, 2024, at which meeting a quorum was present and voted in favor of said Ordinance.
Date: June 10, 2024
/s/ Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
Run: June 10, 2024 (Ju-7)
