PUBLIC NOISE CONTROL
Purpose and scope of section; relationship to other regulations.
(A) Purpose. It is the purpose of this section to insure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises in the city. The residents of the city recognize that uncontrolled noise represents a damage to the health and welfare of themselves and their neighbors and that each resident of the community is entitled to live in an environment in which the level of impulse and amplified noise is minimized for the community good. This section attempts to foster mutual respect among all residents and to establish a community position against noise pollution.
(B) Scope. This section applies to all persons, property, animals, equipment, appliances, instruments and other sound emitting devices, as regulated herein.
(C) Relationship to other regulations. The provisions of this section are not intended to interfere with, abrogate or annul other laws, rules, regulations or ordinances, including any applicable chapters of the Kentucky Revised Statutes or ordinances of the city. If more stringent standards concerning noise abatements are contained in other laws, rules, regulations or ordinances, the more stringent standards shall apply.
(Ord. 2006-1414, passed 6-22-06)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AMBIENT SOUND." The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.
"EMERGENCY WORK." Work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
"MOTOR VEHICLE." Any vehicle driven or powered by any means other than muscular power (including but not limited to passenger vehicles, trucks, mopeds, motorcycles, motorized scooters, multi-terrain vehicles and go-carts).
"MULTIPLE FAMILY DWELLING." Apartment buildings, duplexes, condominiums, hotels, motels or any other building or structure occupied by more than one family unit, either temporarily or permanently.
"NOISE." Any sound that is emitted by a person, animal, appliance, equipment, instrument or other device.
"NOISE DISTURBANCE." Any sound that endangers or injures the safety or health of humans or animals; or a noise that disturbs a reasonable person of normal sensitivities, or endangers, injuries or seriously interferes with the quiet enjoyment or reasonable use of real or personal property.
"PERSON." Includes an individual, firm, association, organization, partnership, trust, company, corporation or any similar entity. 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 said group, association or organization to comply with this section and shall likewise be subject to penalties imposed herein for violation of this section by said group, association or organization.
"PREMISES." Any building, structure, land, utility or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards, common hallways in multiple family dwellings, and common areas for one or more multiple family dwellings, and real properties without buildings or improvements, owned or controlled by a person.
"PROPERTY LINE." An imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension, which separates the real property or rental unit owned or leased by one person from that owned or leased by another person.
"PLAINLY AUDIBLE." Any sound which can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation.
(Ord. 2006-1414, passed 6-22-06)
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