The following acts or the causing or permitting thereof are declared to be in violation of this chapter:
(A) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument or similar device which produces or reproduces sound:
(1) Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of §§ 92.37 through 92.41, except for activities for which a variance has been issued by the appropriate authority; and/or
(B) Loudspeakers. Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of 11:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the Jessamine County Sheriff’s Department, the Nicholasville Police Department or the Wilmore Police Department shall be a violation of this chapter. Ichthus and any other similar music festival shall be exempt from this chapter.
(C) Animals. Any person owning, possessing or harboring any domestic animal or bird which without provocation makes an intrusive sound by howling, barking, whining, meowing, squawking or other means which exceeds a sound duration level of L50 over a 15-minute time span, and which creates a noise disturbance that can be heard within 10 feet of the walls of an adjacent residential dwelling shall be in violation of this chapter. This provision shall not apply to farm livestock, public animal shelters or public zoos.
(D) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance that exceeds a sound duration level of L50 for a 15-minute time span that can heard within 10 feet of the walls of an adjacent residential dwelling shall be a violation of this chapter.
(E) Vehicle, motorboat or aircraft repairs and testing.
(1) Repairing, rebuilding, modifying or testing any motorcycle or other motor vehicle, motorboat or aircraft between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance that exceeds a sound duration level of L50 for a 15-minute time span that can heard within 10 feet of the walls of an adjacent residential dwelling shall be a violation of this chapter.
(2) Nothing in this division shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with or pursuant to applicable federal laws or regulations.
(F) Horns and signaling devices. Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the county or any city therein, except as a danger warning signal as provided in the Kentucky Revised Statutes, or the sounding of any such signaling device for an unnecessary and unreasonable period of time shall be a violation of this chapter.
(G) Explosives, firearms and similar devices.
(1) Using or firing explosives, firearms or similar devices between the hours of 11:00 p.m. and 7:00 a.m. the following day which creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by the Jessamine County Sheriff’s Department, the Nicholasville Police Department or the Wilmore Police Department shall be a violation of this chapter. This variance need not be obtained for licensed game- hunting activities on property where these activities are authorized; and
(2) Discharging of fireworks by private individuals between the hours of 11:00 p.m. and 7:00 a.m. except on national holidays and any public sponsored displays.
(H) Stationary nonemergency signaling devices.
(1) Sounding or permitting the sounding of any electronically-amplified signal from any stationary bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place, for more than 30 seconds in any hourly period shall be a violation of this chapter.
(2) Houses of religious worship shall be exempt from this provision.
(3) Sound sources covered by this provision and not exempted under division (H)(2) above may be exempted by a variance issued by the Jessamine County Sheriff’s Department, the Nicholasville Police Department or the Wilmore Police Department.
(I) Emergency signaling devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing shall be a violation of this chapter.
(2) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless the alarm is automatically terminated within 20 minutes of activation.
(J) Operation of off-road vehicle, dirt bike or 4-wheeler. Repairing, operating or testing any motorcycle, off-road vehicle, dirt bike or 4-wheeler in such a manner as to cause a noise disturbance between the hours of 11:00 p.m and 7:00 a.m. the following day in such a manner as to cause a noise disturbance that exceeds a sound duration level of L50 for a 15-minute time span that can be heard within 10 feet of the walls of an adjacent residential dwelling shall be a violation of this chapter.
(K) Noise sensitive zones. Creating or causing the creation of any noise disturbance within or adjacent to any noise sensitive zone, containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of the activity or annoy the patients in the activity shall be a violation of this chapter.
(Ord. passed 1-6-2004) Penalty, see § 92.99