L-6 NOISE AND SOUND

L-6-1 PURPOSE

The purpose of this chapter is to define the permissible sound levels that may be generated in the City of Fort Pierre, declare excessive noise levels as a public nuisance, create exceptions for motor vehicles and chain saws with properly attached and functioning mufflers, and to provide penalties for violations of any section contained within this chapter.

Authority: SDCL 9-29-1, 9-29-13

L-6-2 PERMISSIBLE SOUND LEVELS

It is unlawful to generate or cause to be generated any sound, sonic energy or impulses with a frequency between twenty (20) and twenty thousand (20,000) hertz at a level exceeding one hundred (100) db measured two (2) feet from the source, without a license from the Director of Public Works or his designee. Any noise exceeding these levels shall be considered a public nuisance.

Source:

Authority: SDCL 9-29-1, 9-29-13

L-6-3 MOTOR VEHICLE EXCEPTION

Motor vehicles and chainsaws are excepted from the operation of L-6-2 provided an original equipment-type muffler, silencer, or spark arrester is properly attached and functioning and no bypass or defeat mechanism is present. In such instance, however, the operator must take precautions to minimize the sound by maintaining reduced throttle settings where possible and minimizing use in public places. This section shall not apply to use of “jake brakes” which may be used only in emergency situations.

Source:

Authority: SDCL 9-29-1, 9-29-13

L-6-4 VIOLATION

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

L-6-5 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.