HomeMy WebLinkAbout07-14-1975 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope met in regular session
at the City Administration Building, 387 Fairhope Avenue, Monday,
July 14, 197.5 at 7:00 P.M. with the following members present:
Mayor James P. Nix, Councilmen: David E. Bishop, Sam E. Box, 011t(
E. Deese and Barney L. Shull. Councilman H. G. Bishop being abser
Minutes of the previous regular meeting were approved.
Mr. Hunt and Mr. Scogins of the Seventh Day Adventist Church,
met with the Council pertaining to Business License for selling
Books within the City Limits of Fairhope. They were informed
that a license would be necessary if they went door to door sell-
ing any books or other items but that no license was necessary
for going door to door distributing their church material.
Bequest to purchase Lot 14 of Block 17 of Volanta Subdivision
was presented. City Attorney to check records and report to
Council.
Motion by Councilman Barney Shull seconded .by Councilman Sam Box
that the request of J. Herron for packaged beer permit at
Bayside Service Station be approved. Motion carried.
Motion by Councilman Sam Box seconded by Councilman Barney Shull
that the request for packaged beer permit at Mitchell's Grocery,
Dorothy Mitchell, be approved. Motion carried.
Motion by Councilman David E. Bishop seconded by Councilman Barney
L. Shull that the City approve and accept Performance Bond of
W 11jam K. and Phe ec a Ja Morcant,onreaerwrooec�Park Subdivision,
in a amour o 2,�00. 0.
Motion by Councilman Sam Box seconded by Councilman Barney Shull
that the City approves and accept Performance Bond of Oak
Construction Co., Inc. in the amount of $20, 000.00. Motion
carried.
COL
ORDINANCE NO. _551; -
AN ORDINANCE PROHIBITING UNNECESSARY USES, WITH MAXIMUM DECIBELS ALLOWED AND
PROVISIONS FOR INFORCMENT AND THE PENALTIES FOR -VIOLATING THE SAME.
Section 1 CA) The making and creation of excessive; unnecessary or unusually
loud noises within the limits of the 4 ty of Fairhope, Alabama, is a condition
which has.'existed for some time and the extent and volume of such noises is
i,ncreasi'ng :
CB) The making,' creation(r maintenance of such excessive unnecessaryll
unnatural or unusually loud noises which are prolonged, unusual and unnatural
in their time, place and use affect and area detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the resrdants of the -
City of Fairhope; and
CC) The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted, is declared as a matter of
egis;lati;ve determinationand public policy, and it is further declared that
the provisions, and prohibitions hereinafter contained and are enacted or in
persueance of and for the purpose of securing and promoting the Public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet
of the City of Fairhope and its inhabitants.
Section 2 It shall be unlawful for aly person to make, continue, or cause to
be made or continued my excessive, unnecessarily or unusually loud noise or
any noise which either annoys,,disturbs, injures or endangers the comfort, rer
health, peace or safety of others, within the limits of the City of Fairhope.
Section 3 NOISES PROHIBITED -UNNECESSARY NOISE STANDARD. The following acts
among others are declared to be loud, disturbing and unnecessary noises in
violation of this Ordinance, but said enumeration shall not be deemed to be
exclusive, mainly:
(A) HQRNS,,SIGNALXNG-�DEVICES, ETC.' The sounding of any horn or signa'
ing devise on any automobilef,'motorcycle, or other vehicle on any street or
public- lace i:n the City,'except as a danger warning; the creation by means of
any such- si:gnali:ng devise of any unreasonably loud or harsh sound; and the
sounding of any such devise for anLnnecessary and unreasonable period of time.
The use of any signaling devise except me operated by hand or electricity; the
use of any horn, whistle or -other devise operated by.engine exhaust; and the
use of any such signaling devise when traffic is for any reason held up.
r,
CB) LOUD SPEAKERS, AMPLIFIERS FOR ADVERTISING. The using, operating of
permiti..ng to be played, used or operated of any radio receiving set, musical
Instrument, phonograph, loud speaker, sound amplifier, or other machine or devil
for the producing or reproducing of sound which is on the public streets for thl
purpose of commercial advertising or -attracting the attention of the public to
any building or structure.
CC) YELLING, SHOUTING, ETC. Yelling, shouting, houting, whistling,
or singing on the public streets, particularly between the hours of 10:00.p.m.
and 7:00.a.m. or any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any office, or in -any dwelling, hotel or any other type
of residence, or of any persons in the vacinity.
(D) EXHAUST The dicharge into the.open air of the exhaust of any
internal combustion aigine; motor boat or any other motor vehicle except thro.ugh
a muffler or other devise which will effect%vly prevent loud or explosive noise
therefrom.
(E) The use of any automobile, motorcycle, motorscooter, go cart, or
any other vehicle so out of repair, or so loaded or in such matter to create
loud and unnecessary grating, grinding, rattling, or other noise, including
excessive noise coming through the exhaust -thereof.
.(F) EXEMPTIONS The following uses and activities sha11".,be exempt fr
noise level regulations.
(1) Noises of safety signals, warning devises and emergency pressu
relief valves.
(2) Noises resulting from any authorized emergency vehicle, when re
spondi:ng to an emergency call or acting in the time of an emergency.
;e,
e
NI.MLQ' MODEL ORDINANCE SERVICE
TABLET - LIMITING NOISE LEVELS FOR USE DISTRICTS
Octave band Maximum Permissible Sound Pressure
Center frequency (Levels. in Decibels re 0.0002 Microb
Cycles Per Second
Use Di.stri ct
Residential Commercial Manufacturing
Below.75
75-15Q, ,_z..
65
79
80 .
150-300
60
74
75
300-60G
55
66
70 .
600i4 200.
55
59
64
1200-2400 '
'45
53
58
2400-4800..
45
47 _
.53
Above,4800
'40
41
49
40
49
46
'(4) If th-e noise is not smooth. and conti.nuous,, one or more of the
corrections in Table II.below shall be added to or subtracted from each
of the decibel levels given -in Table I of subs.ection 3 of this section.
TABLE I.I TYPE OF OPERATION IN CHARACTER
OF NQLSE,
(Correction i,n Decibels)
Noise source operated less than 20%.of any one -hour period; plus' 5*•
Noise source operated less than 5% of any one -hour period; plus 10*.
Noise source operated less :than 1% of any one -hour period; plus 15*.
Noise of impulsive character (hammering, etc.): mi.nus.5. -
NQise of periodic character (hum, screech, etc.): minus'.5.
(5) If the noise occurs between the hours of 10.P.M. - 7 A.M.' on
M-onday through. Saturday or at any time on Sunday or Holidays, 7
(seven) shall be subtracted from each of the decibel levels given in Table
1 of Subsection 3 of this section.
(P) Motorized Veh.icles.. It shall be unlawful to operate a motorized
vehicle wi:thin the City limits which creates a noise or'sound which exceeds
the noise level limits-s.et out in Table II.I. below.
TABLE III LIMITING NOISE LEVELS FOR MOTOR VEHICLES.
(a) Trucks and buses:
Over 10 000 poands: .
87 dB(Aj measured at 50
.93 dB(A measured at 25
Under 1k0OO pounds:
80 dB(A) measured at 50
86 dB(A) measured at :25
(h) Passenger Cars:
78 dB(A) measured at 50
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
feet -Maximum Allowable Limit
*Apply one of these corrections only.
MODEL NOISE ORDINANCE..
84 dB(Aj measured at 25 feet -Maximum Allowable Limit
(c) Motorcylces, including other vehicles:
87 dB(-A).measured at 50 feet -:Maximum Allowable Limit
93 dB(A) measured at 25 feet -Maximum Allowable Limit
.(3) Any other noise resulting from activities of the temporary duration
permited by lay( and which a lisence or permit therefore has been granted by the
city, in accordance wi. th i is ordinances aid laws.
(G) TEST FOR UNLAWFUL NOISE. The standards which shall be considered
in determineng,,V(hetherla'violation of the preceeding Sections exist shall include
but shall not be limi,ted'tb'the following:
(1) The'volume of the.noise.
(2) The intensity of the noise.
(3). Whether the nature36f the.noise is usual or unusual.
(4) Whether the'origin of the.noi.s.e is natural or unnatural.
(5). Th-e volume and intensity of the background noise, if any.
(6) The proximity of the noise to residential sleeping facilities.
(7) The nature and zoning of the area within the noise iminates.
(8),. The density of inhabitation of the area within which the noise
iminates.
(9) The time of the day orright.the noise occurs.
(10) The duration of theroise.
(ll) Whether the noise is recurrent, intermittent or constant.
(12) Whether the noise is produced by a commercial or noncommercial
activity.
Section 4 Any person violating any of the provisions of this Ordinance shall
be deemed guilty,of 41misdemeanor and upon conviction thereof shall be fined
in an amount not exceeding $200.00, or be.i.mprisoned in the.City or County
Jail for a period not exceeding six months, or by both fine and imprisonment.
Each day"such viol atlon is commi.ted or permitted to continue shall constitute
a separate offense and shall be punishable as a separate offense and shall be
punishable as hereinabove set out.
Section 5 I;t is the intention of the City Council that each separate provisior
of Alts Ordinance shall be.deemed independant of all other provisions herein,
and i;t i:s further the intention of the.City Council that if any provision of tl
Ordinance be declared invalid, 411 other provisions thereof shall remain valid
and enforceable,
This. Ordinance shall take effect upon its due adoption and publicat
as required by Law'.
ADOPTED .THIS THE' DAY OF' (J.td,��/� , 1975.
A ST:
-CI,TrCLERK
its
�on
ti
_„
Councilman Shull introduced the following 'Ordinaneet
ORDINANCE NO.' 5�$":
AN ORDINANCE TO PROHIBIT TRUCKS,AND:BUSES WITH A CAPACITY.
GREATER .THAN 3/4 TONS.TO ENTER UPON ANY OF.THEBEACHES. OR BEACH
ROADS OF THE CITY OF.FAIRHOPE.,.ALABAMA OR ANY ROADS WITHIN ITS
POLICE JURISDICTION...
BE IT ORDAINED bythe City Council.of.the City of Fairhope,
Alabama:
SECTION 1. It shall be unlawful.forany.person to drive a
truck or bus with a capacity greater than-3/4.-tons upon any of the
beaches or beach roads within the -municipal - limits of the City of
Fairhope,'Alabamd, or within-its.:Police Jurisdiction thereof,
without first obtaining a Special.Pextiit from the Police Department
of*.the City of Fairhope, Alabama.
SECTION, 2. Any person.convicted of violation of this.Ordin-
ance shall be punished by .fine of not less :thdn'.:$1.00 nor . more
$200.00 or by imprisonment at hard labor.for not,morethAn six
months, or by, both '.such fine and 'imprisonment..
SECTION.'. 3.'-. This. Ordinance shall take bffect'upon .its'. 'due
adoption
tion and publication as'required bylaw..
ADOPTED -THIS:THE DAY OF 19-7.5.
CITY. FAIRHOPE,, ALABAMA
By::
:its. Mayor
,ATTEST:
CITY ..CLERK
Councilman Sam Box introduced the following Ordinance:
ORDINANCE NO.'.�
AN ORDINANCE: TO AMEND ORDINANCE NO- 544 OF. THE CITY ORDINANCES
F THE CITY OF FAIRHOPE,.TO ESTABLISH A LICENSE FOR PERSONS, FIRMS
R CORPORATIONS, OPERATING: BUS SERVICES IN AND. .OUT OF THE CITY OF
NAIRHOPE, WITHOUT REGULAR STOPS, OR ON REGULAR SCHEDULES.
BE IT ORDAINED. by the'City Council -of .the City of Fairhope,
that Ordinance :No..544.be, and.the same.is hereby amended
adding .Section 10:.
SE.CT.ION .10:� Every .person, firm, partnership or corporation,
ho shall operate.'buses in and out of the City Limits of the City
of Fairhope, not on a regular schedule basis, ordoes not hpLve
pv
regular stopstherefor, shall pray, a License. .'.fee of
per year to operate said buses'in and out of .the City of Fairhope,
ama .
SECTION 10-a. Any :person,.firm or.corporation.convicted for
violation of, this, Ordinance, shall be .'fined not .less than' $1.00
nor more than'$200.00..
SECTION.10.-b. Any person,.firm,,corporation, or partnership
who.continues o make non -regular bus schedule trips in and out
of the City of:Fairhope,' Alabama .shall be deemed a .separate
I offense.
This Ordinance shall take effect upon its due adoption and
publication as :required by law..
ADOPTED... .THIS. THE' � AY. OF 19.75.
By
ATTEST:
VfTy E
It was moved by Mr. that all rules and
regulations which, unless suspended, would prevent the immediate
consideration and adoption of said resolution be suspended, and
that unanimous consent to the immediate consideration and adop-
tion of said resolution be given. The motion was seconded by
Mr. and on roll call was unanimously adopted,
those answering aye being:
Mayor James P. Nix
Councilmen: David E. Bishop
H. G. Bishop
Sam E. Box
011ie E. Deese
B. L. Shull
Nays: None
The Mayor declared the motion carried.
After said resolution had been discussed and considered
in full by the Council, it was moved by Mr.
that said resolution be now placed upon its final passage and
adopted. The motion was seconded by Mr. The
question being put as to the adoption of said motion and the
final passage of said resolution, the roll was called with the
following results:
Ayes: Mayor James P. Nix
Councilmen: David E. Bishop
H. G. Bishop
Sam E. Box
011ie E. Deese
B. L. Shull
Nays: None
The Mayor declared the motion carried and said resolution
passed and adopted as introduced and read.
I
It was moved and seconded that the meeting be adjourned.
Motion carried.
Minutes approved:
SA- L.
Attest
C ty Clerk
1
C
a ° eyb scbe amen Sam �o:x seconded by cilman Barney Shull
h
pprove or payment: Motion carried.
It was duly moved, seconded and carried that the meeting adjourn.
Motion carried.
Approved
Attest:
City of -Fairhope June bills
GENERAL FUND:
Baldwin County Re-apprasial
$39529.03.
Baumhauer- Croom- Maury Ins, Auto Liability Fire
669.Oa
Richard C. Lacey- Counsel Preliminary Hearing
25--00
Xxerox
60:oo
Herb's - Prisoners Meals
16.82.
Fairhope Single Tax Corp.
29504.94
Grier's Office Machines
77.45
Marshall's T. V. ''
-14.00
McCain Uniform Co.
156.88
Baldwin Computer Service
94.31
National Linen Service
25.69
Fairhope Laundry
18.5- 35
Fairhope Hardware
3.10
Quality 'Print�ngr
35.65
Waller Bros:
12.12
Bayside Service Station
18.90
Don's Shoe Store
27.99
Simmons Tire., Co. + _
20.00
Jack Co6ke & Co.
4.50
Casey Enterprises
47.25
Leary f41 Owens' `Equip. .Co. `, ''
.96
Goodyear Service Store
78.84
Greer's
141.61
Cowin Road Machinery
24.46
Safety Kleen Corp.
19.00
Certified Products
885.50
Key G- M. C. Trucks
96.33
Exxon. Company
19984.40
Carl Grant Tractor Co.
16.36
Western Auto
8.88
Sidney Walter
86.00
Safety Engineering & Supply
25.14
Bill Steber Chevrolet
60.31
Sa-So, Inc.
19.50
Turner Supply
219.00
Dowsey Heating and Air Conditioning
19125.00
Gaston Motor Co.
16.o4
Otasco
12.09
Etheridge Hydraulic Parts
9.50
Harold Weston
7.00
Standard Equipment Co.
23.50
Homac Company
19.73
Mobile Electric Garage
312.34
Fairhope Tire and Retread
34.00
Will Coggin Auto Radiator
330.48
Foley Tractor Co.
66.17
Building 'Supply Center
590.14
3 M Co.
231.6o
Fuel Oil Supply Co.
422.75
Fairhope Auto Parts
81.41
Jack Etheridge
57.80
Southern Fastener Corp.
69.10
Gravely of Mobile, Inc.
52.47
Silverhill Farmers Assoc.
13.00
Sears, Roebuck & Co.
38.02
Ala, Parts Corp.
7.50
Airport Salvage C9
952.30
Radcliff Materials, Inc.
363•87
Southern Auto Parts
243.68
Paymaster Corp.
182.50
W. T. Walley & Son
979.65
Material Sales
1,036.96
First Nat'l. Bank- G.O. Refunding Wt. & int
7.829.86
2 , 301- 7.3
Bank Balance thru July 11, 197547, 7,�4,
r`
S
ELECTRIC FUND:
Western Auto
Baldwin Computer Service
Fairhope Laundry
Harry C. Johnson Co.
Powell's Upholstery
R. T. E.
Southeastern Testing Laboratory
Mck Electric Supply Co.
Gaston Motor Company
Hatfield and Co.
Fuel 011.Supply Co.
Jack Etheridge
Huxford Pole & Timber Co.
,Southern Auto:. ,Parts ,
'Western, ,Camper z .
Moore -Handley'
1st. Nat'l... Bank - El. Wt. & Int.
General F1ind .- G.O. Refunding Wt. &
F
Bank Balance thru July 119
4.05
316.14
11.54
27.15
40.00
45.00
126.09
312.00
95.87
39 358. 50
5.00
46.99
29162.75
5.67
1.35
445.82
59904.67
Int. _: 2,348.96
15
1975 � z 95.257.75
Paid: 11
Alabama Power Co. $769592.73),
Southeastern Power 3,795.5J
GAS FUND:
Baldwin Computer Service
Fairhope Laundry
Greer's
Pringle Gas Meter Repair
Gaston Motor Co.
Rudy's Automotive Supply
Fairhope 'Hardware
Fairhope Paint and Body Shop
Fairhope 'Tire and Retread
Foley Tractor Co.
Fuel Oil Supply
Fairhope Auto Parts
Southern Meter 'and Supply
Sprague-M. B. Skinner
Control, Inc.
Southern Auto Parts
Moore -Handley
Material Sales
Gen. Fund. G. 0. Refunding Wt. & Int.
Merchants Nat'l. Bank Bond & Int. Acct.
United Gas Pipe Line Company
Gas Oper. Acct. Bal thru July
Gas Gross Rev. Acct.
316.34
83.70
62.67
63.30
89.15
40.50
10.50
20.00
2.00
13.97
10.00
36.75
95,02
89.39
160.70
4.8o
18.71
18.15
469.79
59779.17
17.83o.26
25921 .87
WATER DEPT.
Fairhope Single Tax - Well Site
$ 8.60
Baldwin Computer Service
316.34
Fairhope Laundry
94.89
Fisher Scientific Co.
16.87
Texaco Service Station
1.50
Jim house and Assoc.
295.01
McKesson Chemical Co.
696.00
Greer's
5.44
Otasco
7.87
Fairhope Hardware
49.63
Fuel Oil Supply
22•74
Fairhope Auto Parts
2.78
.Silverhill Farmers Assoc.
430.00
Vasko Electric Co.
194.00
Western Lumber and Supply
36.44
Moore -Handley
1, 764.32
Material Sales
47.19
Merchants Nat'l. Bank - Bond Funds
7,281,54
119271.1
Bank Bal. thru July 11, 197417
Airport Account;
Gen. Fund - G.O. Refunding Wt. & Int.
Bank Balance thru July 11 a 71, ff 5
Y
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391.49
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30
STATE OF ALABAMA
COUNTY OF BALDW IN
We, the undersigned member
Fairhope, Alabama, hereby
the purpose of discussing
within the City Limits of
Fairhope Single Tax Corpoz
for said purpose be held s
in the City of Fairhope, A,
of July, 1975•
M r
s of the City Council of the City of
rTaive notice of a Special Meeting for
the purchase of Riviera Electric Lines
r-hirhope and License schedule for the
ation, and do consent that said meeting
t the City Administration Building
labama, at 5:00 P.M. on the 1st day
bam., P, A� z
'• Mayor
v
% v
Councilman Councilman-
.9
&fep
CO c man
C.o un c i 1 man
r
Councilman
1