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BULLET St. Louis City Revised Code Chapter 15.50 Division IV Noise

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

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DIVISION IV. OFFENSES AGAINST PUBLIC PEACE

Chapter 15.50
Noise

Sections:

15.50.010 Prohibited.
15.50.020 Blowing horns.
15.50.030 Playing of sound devices prohibited--When.
15.50.031 Playing sound devices in motor vehicles prohibited--When.
15.50.032 Penalty for violation of Sections 15.50.030 and 15.50.031.
15.50.033 Vehicle impoundment.
15.50.040 Pets.
15.50.050 Use of vehicle.
15.50.060 Blowing whistles--Use of steam.
15.50.070 Exhaust discharge.
15.50.080 Construction and demolition--Definitions.
15.50.081 Construction and demolition prohibited--When.
15.50.082 Penalty for violation of Sections 15.50.080 and 15.50.081.
15.50.090 Noises near schools, hospitals and churches.
15.50.100 Drums and loud speakers.
15.50.110 Penalty for violation of Sections 15.50.010--15.50.100.
15.50.120 Band music in streets.

City Counselor Ops.: 8009, 8145, 8516, 8826, 8874, 9421, 9560, 10002.

McQuillin:

24.101 Ordinances against unusual noises.

15.50.010 Prohibited.

Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing or unnecessary noise in the City is prohibited. The acts in this chapter, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be exclusive.
(1948 C. Ch. 44 1 (part): 1960 C. 760.010.)

15.50.020 Blowing horns.

The sounding of any horn or signal device on any streetcar, motorbus, motorcycle, automobile or other vehicle while not in motion on a public street or highway, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, the excessive or prolonged sounding except only as a danger signal, after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary or unreasonable period of time is prohibited.
(1948 C. Ch. 44 1(1): 1960 C. 760.020.)

15.50.030 Playing of sound devices prohibited--When.

A. No person shall play any radio, music player, television, audio system or musical instrument upon private property at a volume louder than is necessary for convenient, normal hearing of the person or persons who are on the property on which the device is being used or operated and who are voluntary listeners.

B. Except for any lawful event occurring on a periodic basis at a venue where people assemble and that is anticipated and lawfully allowed to occur on a periodic basis and persons operating motor vehicles under Section 15.50.031 of this chapter, no person shall play any radio, music player, or audio system upon public property at a volume which is plainly audible at a distance greater than seventy-five (75) feet from the source of the sound.

C. Any person participating in any lawful event as provided for in subsection B of this section may generate sound in excess of the limitations in this section only if the sound generated does not exceed reasonable sound levels in light of the nature of the event, its time, and the character of the surrounding neighborhood.
(Ord. 67233 1, 2006: prior: Ord. 67002 2, 2006: Ord. 65700 1, 2002: Ord. 50038 1, 1960: 1948 C. Ch. 44 1 (2): 1960 C. 760.030.)

15.50.031 Playing sound devices in motor vehicles prohibited--When.

A. No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located in any motor vehicle and the sound generated by the device is clearly audible to persons other than the occupants of such vehicle. This section shall not apply to any person participating in a parade or public assembly for which a permit has been obtained from the City of St. Louis.
(Ord. 67002 3, 2006.)

15.50.032 Penalty for violation of Sections 15.50.030 and 15.50.031.

A. Any person who violates the provisions of Section 15.50.030 of this chapter shall be subject to a fine of not less than $100.00 for a first offense, not less than $250.00 for a second offense committed within a one-year period, and not less than $500.00 for a third or subsequent offense committed within a one-year period. The Court may, in lieu of a fine, impose not less than twenty (20) hours of community service for the first offense; not less than thirty (30) hours of community service for the second offense; and not less than sixty (60) hours of community service for the third or any subsequent offense.

B. Any person who violates the provisions of Section 15.50.031 of this chapter shall be subject to a fine of not less than $250.00 for a first offense and not less than $500.00 for a second or subsequent offense committed within a one-year period. The Court may, in lieu of a fine, impose not less than thirty (30) hours of community service for the first offense; and not less than sixty (60) hours of community service for the second or any subsequent offense.

C. A motor vehicle that is used in the violation of Section 15.50.031 of this chapter shall be subject to seizure and impoundment if the sound generated by any device is plainly audible at a distance greater than seventy-five (75) feet horizontally or vertically from the vehicle. The owner of record of such vehicle shall be liable to the City for an administrative penalty of $500.00 in addition to scheduled fees for the towing and storage of the vehicle.
(Ord. 67002 4, 2006.)

15.50.033 Vehicle impoundment.

Whenever a Police Officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to Sections 15.50.030 through 15.50.032, the impoundment of such vehicle shall be deemed an emergency removal under the provisions of Section 17.56.020. The Police Officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. When the vehicle is towed, the Police Officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to appeal the impoundment under the provisions of Section 17.56.060.
(Ord. 67002 5, 2006.)

15.50.040 Pets.

The keeping of any animal, bird or fowl which, by causing frequent or long continued noise shall tend to disturb the comfort and repose of any person in the vicinity is prohibited. Any such noise that can be distinctly heard at a distance of more than one hundred feet from its source shall be excessive.
(1948 C. Ch. 44 1 (3): 1960 C. 760.040.)

McQuillin:

24.282 Ordinances against animal noises.

15.50.050 Use of vehicle.

The use of any automobile, motorcycle, streetcar or vehicle, so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise is prohibited.
(1948 C. Ch. 44 1(4): 1960 C. 760.050.)

15.50.060 Blowing whistles--Use of steam.

The blowing of any steam whistle attached to any stationary boiler, or any other whistle or siren, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of ten p.m. and seven a.m., when the windows of the establishment are open is prohibited.
(1948 C. Ch. 44 1 (5): 1960 C. 760.060, 760.070.)

15.50.070 Exhaust discharge.

The discharge into the open air of the blow-down of any steam engine or of the exhaust of any stationary internal combustion engine, or motor vehicle, or of the escape valve from the unloader of any air compressor except through a muffler or other device which will effectively prevent loud or explosive noises therefrom is prohibited.
(1948 C. Ch. 44 1 (6): 1960 C. 760.080.)

15.50.080 Construction and demolition--Definitions.

For purposes of this section and Sections 15.50.081 and 15.50.082, the following definitions shall apply:

A. "Construction" means any land grading, road and utility construction, and the use of any power equipment outside of a building or structure for purposes of site preparation, assembly, erection, repair, alteration or similar actions which generates noise audible at a residential property. "Construction" shall include manual demolition of buildings or structures which generate noise with or without the aid of power equipment.

B. "Demolition" means any dismantling, destruction or removal of buildings, structures, or roadways.
(Ord. 66986 2, 2006: 1948 C. Ch. 44 1 (7): 1960 C. 760.090.)

15.50.081 Construction and demolition prohibited--When.

Construction, demolition and excavation within one thousand (1,000) feet of a residential property, including excavation, demolition, alteration or repair of any building, land clearing, land grading or road and utility construction within one thousand (1,000) feet of a residential property is prohibited before 6:00 a.m. and after dusk, Monday through Saturday, except in case of an urgent necessity in the interest of public safety for a period of three (3) days. After three (3) days the urgent necessity will be deemed to have elapsed unless a permit has been obtained from the Building Commissioner which allows specific action during any of the hours between 6:00 a.m. and dusk, Monday through Saturday.
(Ord. 66986 3, 2006.)

15.50.082 Penalty for violation of Sections 15.50.080 and 15.50.081.

Any person who violates Sections 15.50.080 and 15.50.081, or any person who shall permit any such prohibited conduct in or upon any house or premises owned or possessed by such person, or under such person(s management or control, or permit any employee under such person(s management or control to engage in such prohibited conduct shall be subject to the following penalties:

A. Upon a plea of guilty or a conviction for a first offense, by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

B. Upon a plea of guilty or a conviction for any subsequent offense occurring within one year of the first offense, by a fine of not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00).

C. The court may, in lieu of a fine, impose not less that twenty (20) hours of community service for the first offense and not less than thirty (30) hours of community service for any subsequent offense occurring within one year of the first offense.
(Ord. 66986 4, 2006.)

15.50.090 Noises near schools, hospitals and churches.

The creation of any excessive or unnecessary noise within one hundred fifty feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any church or any school or other institution of learning or any court while the same are in session, which unreasonably interferes with the proper functioning of any such place is prohibited. Conspicuous signs are to be placed in the public highways indicating the zones within which such noises are prohibited. The Director of Streets is authorized and directed to cause to be placed as many signs as necessary to properly indicate such quiet zones and to call attention to the prohibition against excessive and unnecessary noises within such zones.
(1948 C. Ch. 44 1 (8): 1960 C. 760.100.)

15.50.100 Drums and loud speakers.

The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention by creation of noise, or for advertising purposes is prohibited.
(1948 C. Ch. 44 1(9): 1960 C. 760.110.)

15.50.110 Penalty for violation of Sections 15.50.010--15.50.100.

Any person who shall violate any of Sections 15.50.010 through 15.50.100 or any person who shall permit any such conduct in or upon any house or premises owned or possessed by him, or under his management or control, and shall be punished as follows:

A. Upon a plea of guilty or a conviction for a first offense, by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

B. Upon a plea of guilty or a conviction for any subsequent offense occurring within one year of the first offense, by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).

C. The Court may, in lieu of a fine herein, impose no less than twenty (20) hours of community service for the first offense and no less than thirty (30) hours of community service for any subsequent offense.
(Ord. 63803 1, 1996: prior: 1948 C. Ch. 44 1 (part).)

Editor's Note: Sections 15.50.030 and 15.50.080 have their own penalty clauses which prevail over general penalty clause Section 15.50.110.

15.50.120 Band music in streets.

It is unlawful for any military company, or any procession, or any body of persons accompanied with martial music to march or pass through, or for any person to play on any musical instrument in any house of worship on Sunday during the hours of worship. It is unlawful for any band of music to play in the streets for any procession with advertising devices or to move on the streets without a permit from the board of public service. Nothing herein shall prevent any military company, organized under the laws of the state, from parading with a band of music on any day except Sunday. Any person who shall violate this section shall be guilty of a misdemeanor.
(1948 C. Ch. 44 2:1960 C. 760.120.)

City Counselor Ops.: 7626

McQuillan:

18.15 Ordinances as to noises in public streets

15.50.140 Use of bells for attracting people to auctions.

Any person who shall, in this city, employ any bell man, or use or cause to be used, any bell or other sounding instrument as means of attracting people to an auction or other place, or shall permit any such to be used, for or on his account, shall be guilty of a misdemeanor.
(1948 C. Ch. 44 4: 1960 C. 760.140.)

15.50.150 Locomotive bells.

The bell of a railroad locomotive may be constantly sounded while the locomotive is approaching and passing through the crossing of a public street or highway, public alley or public sidewalk within the City. The whistle or horn of a railroad locomotive shall not regularly be sounded.
(Ord. 54285 1, 1966: 1960 C. 760.150.)

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