§ 94.02  UNLAWFUL CONDUCT.
   (A)   It shall be unlawful for any person within the city to make, continue, or cause to be made or continued, any unreasonably loud, harsh, excessive or unnecessary or unusual noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others unless the making and continuing of the noise is necessary for the protection or preservation of property or the life, health or safety of a person or persons.
   (B)   The following acts are hereby declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
      (1)   The sounding of any horn or other such audible signaling device on any automobile, motorcycle or other vehicle on any highway, roadway, parking lot or other public place, except as a danger warning, for an unreasonable period of time;
      (2)   The use or operation of any radio, stereo, or other machine or device for the producing, reproducing or amplification of sound in any vehicle in such a manner as to create an unreasonably loud, harsh or excessive noise, that disturbs the peace, quiet or comfort of others;
      (3)   The use or operation of, or allowing the use or operation of, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of others by creating or allowing a louder volume than is necessary for the convenient hearing of the person or persons who are voluntarily in the room, chamber, or vehicle in which any above described machine, device or musical instrument is located.  The operation of any such machine, device or musical instrument in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facia evidence of a violation of this section;
      (4)   Use or operate any vehicle on any highway, roadway, or parking lot in such a manner as to produce any unreasonably loud, harsh or excessive noise, or to discharge into the open air the exhaust of any vehicles except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.  Noise under this section is exclusive of the mufflers prohibited under the provisions of KRS 189.140;
      (5)   Create any unreasonably loud, harsh or excessive noise in connection with the loading or unloading of any vehicle, or by the operation of any such vehicle;
      (6)   Use any mechanical loud speaker, amplifier, sound system, stereo or radio on any moving or standing vehicle for advertising, entertainment or any other purpose, in such a manner as to create an unreasonably loud, harsh or excessive noise.
   (C)   Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 10:00 p.m. and 7:00 a.m., prevailing local time, such that the sound there from creates a noise disturbance across a dwelling unit boundary, except for emergency work of public service utilities or by special variance as provided for in § 94.03.  This paragraph shall not apply to the use of domestic power tools subject to division (D) of this section.
   (D)   Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower or other similar device used outdoors that creates a noise disturbance across a dwelling unit boundary other than powered snow removal equipment, between the hours of 10:00 p.m. and 7:00 a.m., prevailing local time.
   (E)   Collecting refuse or operating refuse collection vehicles between the hours of 10:00 p.m. and 5:30 a.m., prevailing local time, in such a manner as to create a noise disturbance across a dwelling boundary.
   (F)   It shall be unlawful for any person to keep or harbor within the city any dog that barks, yelps or otherwise creates a noise disturbance across a dwelling unit boundary.
(Ord. 108-2008, passed 10-2-08)  Penalty, see § 94.99