Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 42-52. Acts deemed public nuisance.

The following acts, as limited by section 42-51 and subject to the exceptions provided in section 42-54 are declared to be public nuisances in violation of section 1-9:

(1) Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.

(2) Pile drivers, steam shovels, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other appliance, the use of which is attended by loud and raucous noise.

(3) Blowers, fans, etc. The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.

(4) Horns, signaling devices, etc. The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.

(5) Radios, amplifiers, phonographs, etc. Using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise.

(6) Sound trucks. No amplifier or loudspeaker in, upon or attached to a sound truck or other device for amplifying sound shall be operated or permitted to operate within the city for advertising purposes or to attract the attention of the public.

(7) Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day.

(8) Animals, birds, etc. The keeping of any animal or bird which habitually causes a loud and raucous noise.

(9) Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or loaded in such a manner as to create loud grating, grinding, rattling or other loud and raucous noise or which is not equipped with a muffler in good working order and in constant operation so as to prevent loud and raucous noise.

(10) Building construction or repair. The erection including excavating, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Saturday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the chief city inspector, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the chief city inspector should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation 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. on Monday through Saturday or on Sunday, he may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. The city council may grant permits to allow the erection, demolition, alteration or repair of any building or the excavation 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. on Monday through Saturday or on Sunday or within a shorter time period during such hours in situations deemed necessary by the city council and for periods determined by the city council.

(11) Noises heard within schools, public buildings, churches, hospitals. The creation of any loud and raucous noise heard within any school, public building, church or hospital, or the grounds thereof, while in use, which interferes with the workings of such institution, or which disturbs or annoys patients in the hospital.

(12) Noises to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise.

(13) Engine brakes. The creation or emission of engine exhaust noise through the use of "engine brakes" or other similar engine compression retarding devices so as to create a loud or raucous noise, except when such devices are used as a safety device and except when used by an emergency vehicle.

(14) Motor vehicle radios and sound devices. Using, operating or permitting to be played any radio, music player, or audio system in a motor vehicle which produces or reproduces sound in such a manner as to cause a loud and raucous noise which is plainly audible to persons other than the occupants of said vehicle.

(Code 1973, § 22-11(b); Ord. No. 3110, § 1, 6-26-01; Ord. No. 3224, 7-23-02; Ord. No. 3286, § 1, 1-28-03; Ord. No. 3729, § 1, 7-26-05; Ord. No. 4022, § 1, 1-31-07)

State law reference(s)--City may prevent, abate or remove nuisances and punish by fine or imprisonment, A.C.A. § 14-54-104(3)(i).

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