(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-WEIGHTED DECIBELS, abbreviated dBA. Unit of sound most closely approximating the auditory sensitivities of the human ear.
AMPLIFIED SOUND. Any sound increased in volume or intensity by electronic equipment, mechanical equipment, or other means.
NOISE. Unwanted sound considered undesirable, unpleasant, loud, disruptive, injurious, disturbing, or the like.
PERSON. Any individual, firm, group, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner. For purposes of this section, the president, manager, host or other person in charge of a group, association or organization shall be responsible for requiring the group, association or organization to comply with this section and shall likewise be subject to the penalties imposed for violation of this section by the group, association or organization.
PLAINLY AUDIBLE. Any sound able to be detected by a person of reasonable hearing ability, regardless of whether the words and phrases are discernable.
SOUND. A thing that can be heard, specifically, vibrations that propagate as an acoustic wave, through a transmission medium, that are received by the ear.
(B) Unlawful noise prohibited.
(1) No person shall make, continue, or cause to be made or continued, any unreasonably loud, unnecessary, or unusual noise or any noise that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the city, considering the time, date, place, and nature of the sound.
(2) Unless exempted under division (C), the following loud, disturbing, and unnecessary noises are considered public nuisances and prima facie violations of this section, but this list shall not be deemed all-inclusive:
(a) Excessive daytime noise. Any sound or amplified sound between the hours of 8:00 a.m. through 10:00 p.m. Sunday through Thursday or from 8:00 a.m. to 11:00 p.m. Friday and Saturday that is plainly audible at the following distances:
1. One hundred feet from the source of the noise when it originates on public property within the city; or
2. One hundred feet from any point on the property line when the noise originates from private property within the city.
(b) Excessive nighttime noise. Any sound or amplified sound between the hours of 10:00 p.m. through 8:00 a.m., beginning Sunday night through Friday morning, and from 11:00 p.m. to 8:00 a.m., beginning Friday night through Sunday morning, that is plainly audible at the following distances:
1. Twenty-five feet from the source of the noise when it originates on public property within the city; or
2. Twenty-five feet from any point on the property line when the noise originates from private property within the city.
(c) Any sound producing an average reading in excess of 50 dBA, as measured on a sound level meter reading taken over a minimum of a five-minute period.
(C) Exemptions. The following sounds are exempt from the provisions of this section:
(1) All construction, building, and repair activities, whether commercial or residential, between the hours of 7:00 a.m. and 6:00 p.m.;
(2) Sounds created by police, fire, and emergency equipment;
(3) Sounds created pursuant to public services necessary for the health, welfare and safety of the community;
(4) Sounds originating from aircraft in flight;
(5) Sounds created by safety signals or warning devices, used to alert persons to an emergency, or used during the conduct of emergency work, provided that the sounds cease within 30 minutes of the completion of the activity requiring their use;
(6) Organized school or recreational related programs, activities, events, festivals, parades or other public programs, activities or events properly authorized by the city;
(7) Sounds emanating from discharge of firearms on legally established shooting ranges;
(8) The operation and maintenance of businesses or industries, including, but not limited to, the operation of industrial power equipment, located on property zoned and used for industrial purposes, excluding businesses holding an alcoholic beverage license under Chapter 112 of the Covington Code of Ordinances; and
(9) Noises regulated under KRS Chapters 189 and 224.
(10) Bells, chimes, and carillons, including devices emulating the sounds thereof, used in conjunction with religious or celebratory events or to denote the passage of time.
(D) Special variance.
(1) The City Manager, or his or her designated representative, shall have the authority, consistent with this subchapter, to grant special variances.
(2) Any person seeking a special variance pursuant to this section shall file an application with the City Manager or his or her designated representative, no less than 30 calendar days prior to the date on which the special variance is sought to be effective. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the City Manager or his or her representative to all persons who own and/or occupy the real property adjoining the site for which the special variance is sought. Notice shall be forwarded by regular mail not less than 15 calendar days prior to the date on which the special variance is sought to be effective. The failure of the City Manager or his or her representative to notify any adjoining property owner/occupant shall not be fatal to the applicant's request for a special variance. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the City Manager or his or her representative containing any information to support his or her claim. The statement shall be filed not less than seven calendar days prior to the date on which the special variance is sought to be effective.
(3) In determining whether to grant or deny the application, the City Manager or his or her designated representative shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the City Manager or his or her representative may require. In granting or denying an application, the City Manager or his or her representative shall place on public file a copy of the decision and the reasons for denying or granting this special variance.
(4) Special variances shall be granted by permit issued to the applicant containing all necessary conditions including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variances shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted. Any person granted a special variance shall be required to present this permit to enforcement officials upon request. Failure to present documentation of a variance may result in the issuance of a citation under this section.
(5) Application for extension of time limits specified in special variance or for modification of other substantial conditions shall be treated like applications for initial special variances.
(6) The City Manager or his or her designated representative may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(1984 Code, § 92.07) (Ord. O-13-03, passed 4-1-2003; Ord. O-13-06, passed 3-28-2006; Ord. O-13-08, passed 5-27-2008; Ord. O-31-08, passed 9-9-2008; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020; Ord. O-13-22, passed 7-19-2022; Ord. O-06-23, passed 6-27-2023) Penalty, see § 92.99