KabirCares.org

City’s Noise Code May Get Some Changes

At tomorrow’s Council meeting, the Council will consider introducing Ordinance 21-O-01, amending Chapter 141, Article I, §141-9 to clarify that prior notice of a violation is not required before a municipal infraction is issued in emergency situations, and situations involving conditions and/or activities that are prohibited due to a declared state of emergency.

Chapter 141, “Nuisances”, Article 1, was adopted by the Mayor and Council to, in part, prohibit whatever is dangerous to life or health; whatever renders air, food, water or drink unwholesome or unfit for the use of people; and whatever odors or exhalations are offensive or dangerous to the public health.

This prohibition is enforced through the municipal infraction process, which also allows the City to request abatement of the violation. Notice prior to issuance of a municipal infraction is required by §141-9 and is used to encourage compliance with the City Code.

However, this provision was not intended to apply in emergency situations that require immediate action. This amendment clarifies that prior notice of a violation is not required before a municipal infraction is issued in emergency situations, and situations involving conditions and/or activities that are prohibited due to a declared state of emergency.

In those cases, a prior notice requirement would impede the immediate resolution of a significant public health danger.

The virtual Public Hearing is scheduled for January 26, 2021, at 7:30 p.m.

Related Posts Plugin for WordPress, Blogger...
(Visited 9 times, 1 visits today)

RSS feed for comments on this post. TrackBack URI

Leave a Reply