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The Louisville and Jefferson County Health Department shall enforce the provisions of §§ 92.07 through 92.13, and for this purpose may, at all reasonable times, enter in and upon any premises within its jurisdiction and any person or persons charged with any of the duties imposed by §§ 92.07 through 92.13 falling within the time specified by the Louisville and Jefferson County Health Department to comply with any order thereof to comply with §§ 92.07 through 92.13 shall be deemed guilty of a violation and each day after the expiration of this time that said persons fails to comply with §§ 92.07 through 92.13 shall be deemed a separate offense of §§ 92.07 through 92.13.
(Ord. 23, passed 8-7-1958)
The owner of the premises, and, in his or her absence, the agent or occupant, shall be held under §§ 92.07 through 92.13 to be responsible for the prevention or correction of conditions giving rise to the breeding of mosquitoes; provided any tenant, trespasser or other person causing said condition without the consent of the owner or agent shall be held responsible therefor.
(Ord. 23, passed 8-7-1958)
NOISE
(A) It shall be unlawful for any person, corporation, firm or association to make, create or continue or cause, permit, maintain or suffer to be made or continued, any loud, raucous, unnecessary, excessive or unusual noise which disturbs the peace or quiet of any others or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing within the city.
(B) The standard for determining whether a violation of the provisions of this subchapter exists includes, but is not limited to, the following:
(1) The volume, level and intensity of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The proximity of the noise to residential dwellings;
(5) The time of day or night the noise occurs;
(6) The duration of the noise;
(7) Whether the noise is recurrent, intermittent, over a cumulative period or constant;
(8) Whether the noise can be heard more than 50 feet away from any adjoining property boundary line in a residential district; and
(9) The intrusiveness of the noise.
(Ord. 3, series 2017-2018, passed 7-17-2017) Penalty, see § 92.99
(A) In addition to and separate from any provision of this subchapter, the following acts and the causing, suffering or permitting thereof, which produce excessive and unnecessary noises creating a nuisance and disturbing the peace shall constitute a violation of this subchapter.
(B) The listing of the following specific prohibited acts is not intended to limit the city’s authority to regulate any and all loud, unnecessary and unusual noises and even if not included herein, such noise disturbances shall be subject to regulation pursuant to this subchapter:
(1) Mechanical or electronic devices. Using any mechanical or electronic device for the intensification of any sound or noise into the public streets which produces excessive or annoying noise;
(2) Advertisement. Using any instrument, whistle, drum or bell or making any other unnecessary noise for the purpose of advertising, announcing or otherwise calling attention to any goods, wares, merchandise or to any show, entertainment or event;
(3) Burglar or fire alarm. Sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm which is not terminated within 15 minutes of activation;
(4) Music. Operating, playing or permitting the operation or playing of any radio, television set, tape player, compact disc player, stereo, drum, musical instrument or similar device which reproduces sound so as to create a noise disturbance or cause any violation of this subchapter;
(5) Sound amplifier. Using, operating or permitting the use or operation, for any purpose, a sound amplifier so as to create a noise disturbance or cause any violation of this subchapter; and
(6) Animals. Owning, possessing or harboring any animal which howls, barks, meows or makes other annoying noises for an unreasonable period of time. For the purposes of this subchapter, the animal noise shall not be deemed excessive if a person is trespassing or legally entering upon private property in or upon which the animal is situated or is using any other means to provoke or tease the animal, provided that the owner or possessor of the animal makes reasonable efforts to calm the animal.
(Ord. 3, series 2017-2018, passed 7-17-2017) Penalty, see § 92.99
The following shall be exempt from the provisions of this subchapter:
(A) Train bells, sirens, horns, whistles or similar audible warning devices;
(B) Noises relating to the use of lawn mowers or other equipment used for landscaping purposes between the hours of 7:00 a.m. and 9:00 p.m.;
(C) Noises resulting from necessary activities designed to serve the best interests of the city, including, but not limited to, street repairs, debris and tree limb removal, restoring electrical service, snow removal and sanitation services;
(D) Noises from activities conducted on public parks or playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events; and
(E) Noises from activities conducted on property owned or operated by civic, charitable or religious organizations, including, but not limited to, neighborhood or church festivals and entertainment events.
(Ord. 3, series 2017-2018, passed 7-17-2017)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(D) (1) A violation of §§ 92.25 through 92.27 shall be a civil offense and shall be enforced through the Code Enforcement Board. Any person, firm or corporation violating the provisions of §§ 92.25 through 92.27 shall be fined in an amount not less than $25 nor more than $100. Each day a violation continues shall be a separate offense and a separate penalty may be imposed therefor. The maximum civil fine required by KRS 65.8808(2)(b) that may be imposed for each separate offense and violation of §§ 92.25 through 92.27 is hereby established as $100.
(Ord. 23, passed 8-7-1958; Ord. 3, series 2017-2018, passed 7-17-2017)