CHAPTER 97: NOISE CONTROL
Section
   97.01   Unlawful activity
   97.02   Declaration of noise
   97.03   Exemptions
   97.04    Use of fireworks restricted
 
   97.99   Penalty
Cross-reference:
   Nuisances; Health and Sanitation, see Chapter 92
§ 97.01 UNLAWFUL ACTIVITY.
   It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of others, within the confines of the city.
(Ord. 10-1-11, passed 11-2-2011) Penalty, see § 97.99
§ 97.02 DECLARATION OF NOISE.
   The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
   (A)   Horn, signaling devices and the like. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
   (B)   Radios, phonographs and the like. The using, operating or permitting to be played, used or operated any radio, stereo, television, 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 the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the machine or devise is operated and who are voluntarily listeners thereto. The operation of any set, instrument, phonograph, machine or device in a manner as to be plainly audible at a distance of 50 feet from the location thereof shall be prima facie evidence of a violation of this section. Amplified sound is permitted between 7:00 a.m. and 10:00 p.m., Sunday through Thursday, and 7:00 a.m. and 11:00 p. m., Friday and Saturday. Unamplified sound that does not otherwise violate the provisions of this section is permitted;
   (C)   Loud speakers, amplifiers for advertising. The using, operation or permitting to be played, used or operated of any radio receiving set, musical instrument, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is used upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
   (D)   Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing at any time or place so as to annoy or disturb the comfort or repose of any persons in the vicinity;
   (E)   Animals, birds and the like. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity;
   (F)   Exhausts. The discharge into open air of the exhaust of any stationary engine, motor boat, motorcycle or motor vehicle, except through a muffler or other device which will effectively prevent loud or excessive noises therefrom. Exhaust noise which is plainly audible at a distance of 100 feet from the location thereof shall be prima facie evidence of a violation of this section;
   (G)   Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise; and
   (H)   Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of the institution, or which disturbs or unduly annoys patients in the hospital; provided, conspicuous signs are displayed in the street indicating that the same is a school, hospital or court street.
(Ord. 10-1-11, passed 11-2-2011; Ord. 12-1-3, passed 1-9-2024) Penalty, see § 97.99
§ 97.03 EXEMPTIONS.
   The provisions of this chapter shall not apply to the following:
   (A)   The emission of sound for the purpose of alerting persons to the existence of and emergency or for the performance of emergency work; or
   (B)   The discharge of firearms by members of the Police Department or other sworn peace officers.
(Ord. 10-1-11, passed 11-2-2011)
§ 97.04 USE OF FIREWORKS RESTRICTED.
   (A)   Fireworks defined. As used in this section, FIREWORKS mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation. FIREWORKS do not include:
      (1)   Exception number 1. Toy pistols, toy canes, toy guns, or other devices in which paper or plastic cans manufactured in accordance with DOT regulations, and packed and shipped according to those regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times;
      (2)   Exception number 2. Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks; and
      (3)   Exception number 3. Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
   (B)   Use of fireworks restricted. It shall be unlawful for any person to cause fireworks to be set off or to allow fireworks to be set off on property in which that person has an interest either by ownership or rental between the hours of 10:00 p.m. to 8:00 a.m., Sunday through Thursday, or between the hours of 11:00 p.m. to 8:00 a.m, Friday and Saturday. New Year’s Eve and the Fourth of July shall be exceptions to these restrictions, whereby fireworks shall be allowed on July 4, between 8:00 a.m. and 11:00 p.m., and shall be allowed from 11:00 p.m. on December 31 through 12:30 a.m. on January 1.
(Ord. 12-1-3, passed 1-9-2024) Penalty, see § 97.99
§ 97.99 PENALTY.
   Each violation and every other failure to comply with the provisions of this chapter shall be a misdemeanor and each day of the continuation thereof shall be a separate and distinct offense for which:
   (A)   Any person convicted of violation of the provisions thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of $500, as set forth in KRS 534.040(2)(a), or a term of imprisonment not to exceed the maximum period of 12 months, as set forth in KRS 532.090(1), or both; and
   (B)   The offender shall be subject to a civil penalty of $100 for each offense, which shall be recovered by the city in a civil action in the nature of debt if not paid by the offender within 30 days after the citation of the violation or other failure to comply with the provisions of this chapter.
(Ord. 10-1-11, passed 11-2-2011)