For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL POWER EQUIPMENT. Any equipment or device rated at greater than 5 horsepower in use for home or building repairs or ground maintenance.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition for or on public or private right-of-ways, structures, utilities or appurtenances thereto.
CONSTRUCTION EQUIPMENT. Any equipment or devices such as, but not limited to, pile drivers, power shovels, jackhammers, derricks, hoist tractors, loaders, rollers, concrete hauling motor vehicles, pavement breakers, backhoes, clamshells, bulldozers, crawler-tractors, rotary drills and augers, cranes, ditchers, trenchers, scrapers, graders, wagons, pumps, compressors and pneumatic power equipment, or other mechanical apparatus operated by fuel or electric power in the construction, repair or demolition of any building, structure, land, street, driveway or appurtenance thereto.
DEMOLITION. Any dismantling or intentional destruction or removal of structures, utilities, public or private right-of-ways, surfaces or appurtenances thereto.
DOMESTIC POWER EQUIPMENT. Any equipment or device rated at 5 horsepower or less and used for home or building repairs or grounds maintenance.
MOTOR VEHICLE. Any vehicle driven or powered by any means other than muscular power, including, low powered vehicles, road rollers, road graders, farm tractors, motorcycles and vehicles upon which shovels and implements are or can be mounted.
NOISE DISTURBANCE. Any sound that endangers or injures the safety or health of humans or animals; noise that disturbs a reasonable person of normal sensibilities or their peace and quality of life; or, endangers or injures personal or real property.
PERSON. Any person, firm, group, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner. For purposes of this chapter, the president, manager, host, or other person in charge of a group, association or organization and their activities within the city limits of the city of Midway, Kentucky shall be responsible for requiring the group, association or organization to comply with this chapter and shall likewise be subject to the penalties imposed for violation of this chapter by the group, association or organization.
PLAINLY AUDIBLE. Any human voice, music, or other sound produced by equipment, vehicles, or sound amplification systems upon or from within the source causing such sound, which clearly can be heard at a distance of 50 feet or more.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, alley, highway, sidewalk or similar place that is owned or controlled by a governmental entity.
SOUND. Oscillation and pressure, stress, particle displacement and particle velocity that induces auditory sensation.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, MP3, iPod, loud speaker or other electronic or battery powered device or new generation technology used for the amplification of voice, music or any other sound.
(Ord. 2013-06, passed 7-15-2013)