§ 32-52. Unreasonably loud, disturbing or unnecessary noise.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

Noise sensitive area includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.

Person means any individual, firm, association, partnership, joint venture, or corporation.

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 government entity.

Public space means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.

Residential area means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the parish zoning ordinance.

(b)

Purpose. This section is enacted to protect, preserve, and promote the health, safety, welfare, peace and quiet of the citizens of the parish through the reduction, control, and prevention of unreasonably loud or disturbing noise or any unnecessary noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity.

(c)

Findings.

(1)

Unreasonably loud or disturbing noise or any unnecessary noise degrades the environment of the parish to a degree that:

a.

Is harmful to the health, welfare, and safety of its inhabitants and visitors;

b.

Interferes with the comfortable enjoyment of life and property;

c.

Interferes with the well being, tranquility, and privacy of the home; and

d.

Both causes and aggravates health problems.

(2)

Both the effective control and the elimination of unreasonably loud or disturbing noise or any unnecessary noise are essential to the health and welfare of inhabitants and visitors of the parish, and to the conduct of the normal pursuits of life, including recreation, work, and communication.

(3)

The use of sound amplification equipment creates unreasonably loud or disturbing noise or any unnecessary noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of inhabitants of, and visitors to, the parish.

(4)

Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the parish.

(d)

Scope. This section applies to the control of all sound originating within the unincorporated areas of the parish.

(e)

General prohibition.

(1)

No person shall make, continue, or cause to be made or continued:

a.

Any unreasonably loud or disturbing noise or any unnecessary noise;

b.

Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the unincorporated area of the parish; or

c.

Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons of ordinary sensitivity within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(2)

Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

a.

The proximity of the sound to sleeping facilities, whether residential or commercial;

b.

The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

c.

The time of day or night the sound occurs;

d.

The duration of the sound; and

e.

Whether the sound is recurrent, intermittent, or constant.

(f)

Noises prohibited. The following acts are declared to be per se violations of this section. This enumeration does not constitute an exclusive list.

(1)

Unreasonable noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

(2)

Vehicle horns, signaling devices, and similar devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the parish, for more than ten consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.

(3)

Nonemergency signaling devices. Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by governmental entities for traffic control purposes are exempt from the operation of this provision.

(4)

Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsection (f)(4)a and b of this section.

a.

Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.

b.

Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this section.

(5)

Radios, televisions, boomboxes, phonographs, stereos, musical instruments and similar devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player or operator of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passersby, or is plainly audible at a distance of 50 feet from the source of the sound in a commercial, industrial area, or public space; the use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player or operator of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multifamily or single-family dwellings.

(6)

Loudspeakers, amplifiers, public address systems, and similar devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, and 7:00 p.m. and 10:00 a.m. on weekends and holiday in the following areas:

a.

Within or adjacent to residential or noise-sensitive areas;

b.

Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

This shall not apply to any public performance, gathering or parade for which a permit has been obtained from the parish.

(7)

Yelling, shouting, and similar activities. Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive area or in public places, between the hours of 8:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities.

(8)

Animals and birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animal shelters, animal sanctuaries, kennels, veterinary hospitals, pet shops or pet kennels (licensed under and in compliance with licensing and permitting provisions set forth in this Code) are exempt from this subsection.

(9)

Loading or unloading merchandise, materials, equipment. The creation of loud, unreasonably loud or disturbing noise or any unnecessary noise in connection with the loading or unloading of any vehicle at a place of business or residence.

(10)

Construction or repair of buildings, excavation of streets and highways. The construction, demolition, alternation or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 7:00 p.m., on weekdays. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the parish may issue a permit, upon application, if the parish administrator or his designee determines that the public health and safety, as affected by loud, unreasonably loud or disturbing noise or any unnecessary noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. will not be impaired, and if the parish administrator or his designee further determines that loss or inconvenience would result to a party in interest. The permit shall grant permission in nonemergency cases for a period of not more than three days. The permit may be renewed once for a period of three days or less.

(11)

Schools, courts, churches, hospitals, and similar noise-sensitive areas. The creation of any loud, unreasonably loud or disturbing noise or any unnecessary noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed in the streets surrounding the noise sensitive area.

(12)

Blowers and similar devices. In residential or noise sensitive area, between the hours of 7:00 p.m and 7:00 a.m., the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is loud, unreasonably loud or disturbing noise or any unnecessary noise and can be heard across the property line of the property from which it emanates.

(13)

Commercial establishments in the vicinity of residential property. The creation of any noise described in subsection (e)(1) of this section from the premises of any commercial establishment.

(g)

Exemptions. Sounds caused by the following are exempt from the prohibitions set out in subsection (f) of this section and are in addition to the exemptions specifically set forth in subsection (f) of this section:

(1)

Motor vehicles on traffic ways of the parish, provided that the prohibition of subsection (f)(2) of this section continues to apply;

(2)

Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property;

(3)

Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in subsection (f)(4) of this section continues to apply;

(4)

The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;

(5)

Repairs or excavations of bridges, streets or highways by or on behalf of the parish or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders its impractical to perform the work between 7:00 a.m. and 7:00 p.m.;

(6)

Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.

(h)

Enforcement. If a person's conduct would otherwise violate this section and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a 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, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.

(Code 1976, § 12-18; Code 1985, § 15-8; Ord. No. 3559, 9-24-1998; Ord. No. 4743, 2-21-2008)

State law reference

Emanation of excessive sound or noise, exceptions, penalties, R.S. 14:103.1.