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)
Unlawful noises prohibited. It shall be unlawful for any person to make, cause to be made, continue or permit any excessive or unreasonably loud noise or any other raucous sound, considering the time, date, place and nature of such noise or sound, that annoys, disturbs, injures or endangers the comfort, health, peace or safety of a person of ordinary sensibilities, in the city. Said noises include, but are not limited to:
(A) Unlawful noise from premises. It shall be unlawful for any person to emit, cause to be emitted, or permit the emission of any continuous noise which leaves the premise on which it originates, crosses a property line, and enters onto any other premise as a sound which is plainly audible by another human being at a distance of 50 feet from the device producing the sound. For the purpose of this section, sound shall be measured at or within the property line (boundary) of the property receiving the noise or not less than 20 feet from the source of the sound when the sound is in the public right-of-way.
(B) Unlawful noises emanating from motor vehicles. No person operating or occupying a motor vehicle shall play, use, operate, or permit to be played, used, or operated, any radio, tape player, cassette player, compact disk player, DVD players, loud speaker, sound amplification system, or other device designed to generate, amplify and/or reproduce sound from within the motor vehicle in such a manner that the sound is plainly audible by another human being at a distance of 50 feet from the device producing the sound. "Plainly audible" means 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.
(C) Unlawful modifications to motor vehicles and/or failure to maintain. It shall be unlawful for any person to modify, change, or fail to maintain the exhaust muffler, air intake muffler or any other sound-reducing device of a motor vehicle in such a manner that the noise emitted from the motor vehicle disturbs or is a nuisance to persons of reasonable sensibilities within the area of audibility.
(D) Other noise disturbances. It shall be unlawful for any person to make, continue or cause or allow to be made' or continue any noise disturbance including, but not limited to, the following:
(1) Horns, signaling devices and the like. The sounding of any horn or signaling device of any motor vehicle on any state or public place of the city continuously or intermittently, except as a danger or emergency warning.
(2) Radios, phonographs and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing from the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonographs, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, at any time or place so as to annoy or disturb the quiet or comfort of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(4) Fireworks, explosives and the like. The use of fireworks or other explosives so as to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility.
(Ord. 2006-1414, passed 6-22-06)
None of the terms of prohibitions of this section shall apply to or be enforced against:
(A) All safety signals and warning devices (for example, intrusion alarms, backup alarms on trucks); authorized vehicles when responding to emergencies (for examples, police, fire and ambulance); or any other device used to alert persons to an emergency or used during the conduct of emergency work.
(B) The provision, repair and maintenance of municipal services or public utilities.
(C) Bells, chimes or carillons used in conjunction with religious purposes, national celebrations or public holidays.
(D) Excavations or repairs on bridges, streets or highways by or on behalf of the city, county or state during the night when the public welfare and convenience renders it impossible to perform such work during the day.
(E) Musical, recreational and athletic events conducted by schools, local government and nonprofit entities.
(F) Construction operations from 5:00 a.m. to 8:00 p.m. on weekdays for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accordance with all standard equipment, manufacturers' mufflers and noise reducing equipment in use and in properly operating condition.
(G) Lawn maintenance and agricultural equipment used between 6:00 a.m. and 9:00 p.m. when operated with all the manufacturers' standard mufflers and noise reducing equipment in use and in properly operating condition.
(H) Activities granted by special variance by Mayor or his or her representative, as provided herein, according to the terms and conditions of said special variance.
(I) Activities permitted by public assembly permits according to the terms and conditions of said permit.
(Ord. 2006-1414, passed 6-22-06)
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