Public nuisances: The following acts, apparatus, accumulations, violations, and activities within the City of Morgantown are hereby declared to be public nuisances.
(A) Noise Nuisances.
(1) It is the finding of the City of Morgantown that excessive noise adversely affects the community in general and individual citizens in particular, and may specifically result in hearing loss, speech interference, both indoors and outdoors, and annoyance, so as to constitute a menace to the public health, welfare and quality of life.
(2) It is the purpose of this article to protect, preserve and promote the health, safety, peace and quiet for the citizens of the City of Morgantown through the reduction, control and prevention of excessive noise. Further, it is the intent of this article to establish standards that will eliminate and reduce unnecessary and excessive noise, which is physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and conduct of business.
(3) No person shall emit beyond the boundaries of his property or from any moving vehicle any noise that unreasonably interferes with the enjoyment of life or with any lawful business or activity in contravention of any rale or regulation adopted by the cabinet.
(a) General regulation. It shall be unlawful for the owner of any premises within the City of Morgantown, or for the occupant cr person in possession of any premises within the City of Morgantown, or for any person to knowingly make, allow to be made, or to permit to be made upon the premises so owned, occupied, or possessed, any excessive, unnecessary, unnatural, repeated, prolonged, unusually loud noise, which is clearly audible from nearby properties, within the limits of the City of Morgantown.
(b) Specific Noise Violations. The following recurring noise disturbances are hereby declared to be violation of this article provided, however, that the specification of the same is not to be construed to exclude other violations of this article not specifically enumerated below;
1. The playing of any radio, phonograph, television, or other electronic or mechanical sound-producing device, including any musical instrument loud enough as to be a considered nuisance to the neighborhood or community.
2. Yelling, shouting, discharging fireworks, singing or other noise making at any time or place loud enough to be disruptive to residents of the neighborhood.
3. The operation of any automobile, motorcycle or other vehicle so out of repair or so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling, or other unreasonable noise including the noise resulting from exhaust which is clearly audible from nearby properties. The modification of any noise abatement device on any motor vehicle or engine, or the failure to maintain same so that the noise emitted by such vehicle or engine is increased above that emitted by such vehicle as originally manufactured shall be in violation of this section. The sounding of any unreasonably disturbing horn unless necessary to operate said vehicle safely pursuant to KRS.189.020.
4. The construction, excavation, demolition, alteration or repair of any building or premises in any part of the city, including the streets and highways, other than between the hours of 7:00 a.m. and sundown on any day, except in cases of urgent necessity in the interest of public health and safety, Urgent necessity would include snow plowing, utility repairs, and similar situations.
5. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show, sale, display or other commercial purpose.
6. The operation of any machinery, equipment or mechanical device, so as to emit unreasonably loud noise or frequent noise.
7. The operation of any race track, proving ground, testing area or obstacle course for vehicles of any kind or nature in any area of the city.
(c) Exceptions. None of the prohibitions enumerated above shall apply to the following:
1. Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities.
2. Excavation or repair of bridges, streets or highways or other property by or on behalf of the State of Kentucky, City of Morgantown, or the County of Butler, between sundown and 7:00 a.m. when the public welfare, safety and convenience render it impossible to perform such work during other hours.
3. Warning devices emitting sound for warning purposes as authorized by law.
4. Activities permitted by city actions.
(B) Dogs Running at Large - Control of Dogs by Owners; Care and Control of (Pursuant to KRS 258.265).
(1) All dogs within the city limits of the City of Morgantown shall be kept under control at all times by the owner or supervisor of the dog. The county license and rabies vaccination tags shall be attached to the collars of all dogs if applicable. The Butler County Dog Warden/Animal Control Officer, Humane Officer or any duly sworn officer having jurisdiction in Butler County, are hereby authorized to seize dogs not under control or do not have a county license and rabies vaccination tags if applicable attached to the collars of the dogs, and are to deliver such dogs to the Butler County Animal Shelter. In the event an animal bites an individual the enforcing officer will report this to the proper Health Department authorities.
(2) Dogs engaged in legal hunting activities, lawful training activities, lawful herding or other farm related activities not in residential areas shall not be subject to this section.
(3) The keeping of any animal, bird or fowl that emanates frequent or extended noise such as allowing or permitting any dog to bark repeatedly.
(C) Abatement of Nuisance by Owners. The owner, owners, tenants, lessees, and/or occupants at any lot within the corporate limits of this city upon which such storage as herein set out is made, and also the owner, owners, and/or lessees or said personally involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate said nuisance by the prompt removal of said personally into completely enclosed buildings used for storage purposed, or otherwise to remove it to a location without said corporate limits.
(D) Penalty for Failure of Owners to Abate such Nuisance. If said owners allow said nuisance to exist or fail to abate said nuisance, they, and each of the, upon conviction thereof shall be fined no less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist.
(E) Abatement by the City.
(1) Whenever said owners fail to abate said nuisance then the city shall remove the said personally to a location of its selection, the expenses therefore to be billed to titled owners, jointly and severely, said bill to be recoverable in a suit at law.
(2) When said personally has been removed and placed in storage by the city, as provided for herein, said personally shall be sold by the city following a hearing as set out in this article and a conviction of the owner. If the proceeds of sale are insufficient to pay the cost of abatement said owners shall be liable to the city for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds are in excess of cost, the balance shall be paid to said owners, or deposited in the city treasury for their use.
(F) Enforcement of Ordinance. Any owner, as defined herein, deemed to be in violation of this article, shall be so notified in writing by the Zoning Enforcement Officer or City Clerk, by certified mail. From the data of receipt of such letter of violation, the owner shall have fourteen (14) days in which to abate said nuisance is not abated at the expiration of the fourteen (14) day period, a hearing shall be conducted by one of the Commissioners for the City Council designated by the Mayor and the Building Inspector at the expense of the city, to determine whether or not a nuisance does exist, and whether or not the owner is in violation of this article. Thereafter, the City Clerk or Building Inspector or Zoning Enforcement Officer shall have issued a summons for the violator to appear for a hearing before the District Court of Kentucky and upon conviction fined as set out in this article, plus cost, and costs to the city to remove such nuisance.
(Ord. 2014-14, passed 12-22-14)