HomeMy WebLinkAbout2004-11-6889264
ORDINANCE NO. 2004-11-6889
AN ORDINANCE AMENDING CHAPTER 42, ENVIRONMENT, OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Sec. 42-103(d), "Definitions," of Chapter 42, Environment, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"Sec. 42-103. Definitions.
For the purpose of this article, 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.
Decibel. A unit for describing the amplitude of sound, equal to 20 times the
logarithm to the base ten of the ratio of pressure of the sound measured to the
referenced pressure, which is 20 micronewtons per square meter.
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,
motorized scooters, multi -terrain vehicles andog carts)
Multiple family dwelling. Apartment buildings, duplexes, condominiums, hotels,
motels or any other building or structure occupied by more than one family
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, injures or seriously interferes with the quiet enjoyment
or reasonable use of real or personal property, or exceeds the limits set out in
Section 42-104.
Person. Includes an individual, firm, association, organization, partnership, trust,
company, corporation or any similar entity. For purposes of this article, the
president, manager, host or other person in charge of argroup, association or
organization shall be responsible for requiring said group, association or
organization to comply with this article and shall likewise be subject to penalties
imposed herein for violation of this article by said group, association or
organization.
Premise. Any building, structure, land, utility or portion thereof, including all
Murtenances, 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.
265
Sound level. The weighted sound pressure level obtained by the use of a sound
level meter and frequency weighing networks, such as A, B or C as specified in
ANSI specifications for sound level meters. If the frequency weighing employed
is not indicated, the A -weighing shall apply.
Sound level meter. An instrument including a microphone, amp, output meter and
frequency waiting weighing networks for the measurement of noise and sound
levels in a specified matter.
Quiet Zone. Any area determined by the Traffic Commission or its delegate to
need lower noise levels to conduct meetings, services or productions. An example
would be in the area of the Market House Theater, Hospitals, or a Church during
the hours of worship service, where unreasonable sound levels would detract from
the health, safety, welfare, peace and quiet for the citizens of Paducah. The area
must be posted as a "Quiet Zone" at all four corners of the area before
enforcement can occur and will include the area contained within the posted
sigi s."
SECTION 2. That Sec. 42-104, "Prohibited Noises," of Chapter 42,
Environment, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to
read as follows:
"Sec. 42-104. Prohibited Noises
Unlawful noises prohibited. It shall be unlawful for M 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 of Paducah. Said noises include, but are not limited to:
(Aa Unlawful noise from premises. It shall be unlawful for any person to emit, d
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 in excess of the sound pressure levels
defined in the followingtable:
able:
Zoning District of property
Sound Level
Sound Level
on which the source of noise
7:00 am-9:OOpm
9:OOpm-7:OOam
is located
Residential (zoning districts
65*4-Sdb (A)
65=45 db (A)
R-1, R-2, R-3, R-4, H--2)
Commercial (zoning
75*4-5 db (A)
65=44 db (A)
districts A-1, B-1, B -2-T, B-
2, B-3, B-9. H-1, HBD,
POP
Manufacturing (zoning
80+1-5 db (A)
755 db (A)
districts M-1, M-2, M-3,
C-1)
(1) Location of measurement. 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.
(2) Measuring Instrument. All sound measurements shall be made on a
sound level meter calibrated in the manner required by the
manufacturer's specifications.
01 Unlawful noises emanating,from motor vehicles. No person operating or
occupying a motor vehicle shall plU, use, gperate, 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
266
the motor vehicle in such a manner that the sound is plainly audible by
another human being at a distance of fifty (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 fifty (50) or more feet; however, words or phrases need not be
discernible and said sound shall include bass reverberation.
Oc Unlawulmodifications to motor vehicles and/or failure to maintain. It
shall be unlawful for M 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 orcause or allow to be made or continued any noise
disturbance including, but not limited to, the following:
(b) For- the puTese of this ai4iele, neise distur-banees inehade, but are net
limited to the f ,,,.,*,roti
(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 inhabits
or at any time with louder volume than is necessary for
convenient hearing for 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
between the hours e f 11:00 r n 7:00 a.m. 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, pa -tieu ar-ly betwee
at any time or place
so as to annoy or disturb the quiet or comfort er- r-epese 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.
1
(5) Animals, birds and the like. The keeping of any animal or bird
which by causing intermittent, frequent or lent -continued noise
viedisturbs or causes a nuisance to persons of reasonable
sensitivities within the area of audibility.
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(9) (6) Drums, loudspeakers or other instruments. The use of any
drum, loudspeaker or other instrument or device for the
purpose of attracting attention, by creation of noise, to any
performance, show, sale or display of merchandise.
( (77,) Noise near schools, courts, churches, or hospitals. The
creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while same is in
use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution or which disturbs or
unduly annoys patients in the hospital."
SECTION 3. That Sec. 42-105, "Exemptions," of Chapter 42, Environment, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"Section 42-105. Exemptions.
None of the terms of prohibitions of this article shall apply to or be enforced
against:
(0 (a) All safety signals and warning devices (for example, intrusion alarms,
backup alarms on trucks); authorized vehicles when responding to emergencies
(for example, police, fire and ambulance); or any other device used to alert
persons to an emergency or used during the conduct of emergency work.
(2) LbJ The provision, repair and maintenance of municipal services or public
utilities.
(3) O Bells, chimes or carillons used in conjunction with religious purposes,
national celebrations or public holidays.
(4) U 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.
(4) (d) Musical, recreational and athletic events conducted by schools, local
government and nonprofit entities.
(6) (e) Construction operations from 7:00 am to 6:00 pm 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.
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(7) (f Lawn maintenance and agricultural equipment used between 07:00 am
and9:00 pm when operated with all the manufacturers' standard mufflers and
noise reducing equipment in use and in properly operating condition.
(8} W Activities permitted by pert Mecial variance, as provided herein,
according to the terms and conditions of said pefrit special variance.
(h) Activities permitted by Public Assembly Permits according to the terms and
conditions of said permit"
SECTION 4. That Sec. 42-106, "Maximum Permissible Sound Levels," of
Chapter 42, Environment, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
repealed:
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(1 ) The s ,,,1 level at ., ene peifA in time a eels any of the
stab l sb,e.l a limits in Table 1 by s el level of 15 .11. (A); o
measured
(2) The soundlevel &xeeeds of the established limits in Table 1 by
measured s ,,.1 level of ter db (A) for- eumulative total of one
minute er-more t ten„of any teminute
period; e
(3) The s ,+.1 a eeds, a ept i,,, the m. nuf ..t,,,-ing dist,-;ets,_any _of
the established zene limits in Table 1 by a messufe ofthfee db !Al
f:,,. .,
eefA «uelly e e of five minutesor- total of five min- tes of
:III.
any ten minute peried-.
097MMIM *0 W.
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0 • „A .
(1 ) The s ,,,1 level at ., ene peifA in time a eels any of the
stab l sb,e.l a limits in Table 1 by s el level of 15 .11. (A); o
measured
(2) The soundlevel &xeeeds of the established limits in Table 1 by
measured s ,,.1 level of ter db (A) for- eumulative total of one
minute er-more t ten„of any teminute
period; e
(3) The s ,+.1 a eeds, a ept i,,, the m. nuf ..t,,,-ing dist,-;ets,_any _of
the established zene limits in Table 1 by a messufe ofthfee db !Al
f:,,. .,
eefA «uelly e e of five minutesor- total of five min- tes of
:III.
any ten minute peried-.
097MMIM *0 W.
WIN- W -.-I MR.—
a -M
(e) Akasuring Instrument. All sound measurements
level w,etef ..alibrate.1 i the ,,,
shall be made on a soun
, Id by the ,V, o f .tuff, -is-
spe,, ns»
SECTION 5. That Sec. 42-106, "Quiet Zones," of Chapter 42, Environment, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby created:
"Section 42-106. Quiet Zones.
It shall be unlawful for anyperson to make, cause to be made, continue, or permit
M excessive or unreasonably loud noise in or near a posted quiet zone such that the noise
disturbs or is a nuisance to the people and/or the activities being conducted in said quiet zone."
SECTION 6. That Sec. 42-107, "Special Variances," of Chapter 42,
Environment, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to
read as follows:
"Section. 42-107. . Special Variances.
Lal The Cily Manager or his designated representative shall have the
authority, consistent with this article, to grant special variances.
Ltj AU person seeking a special variance pursuant to this article shall file an
application with the City Manager or his designated representative, no less
than thirty (30) calendar days prior to the date on which the special
variance is sought to be effective. The application shall contain
information, which demonstrates that bringing the source of sound, or
activity for which the special variance is sought into compliance with this
section would constitute an unreasonable hardship on the applicant, on the
community, or on other persons. The City Manager or his representative
shall give notice of an application for a special variance to all persons who
own and /or occupy the real property adjoining the site for which the
special variance is sought. Notice shall be forwarded by regular mail not
less than fifteen (15) calendar da3Ls prior to the date on which the special
variance is sought to be effective. The failure of the City Manager or his
representative to notify any adjoining property owner/occupant shall not
be fatal to the applicant's request for a special variance. Any individual
who claims to be adversely affected by allowance of the special variance
may file a statement with the City Manager or his representative
containing any information to support his claim. Said statement shall be
filed not less than seven (7) calendar days prior to the date on which the
special variance is sought to be effective.
(c) In determining whether to grant or den the he application, the City Manager
or his representative shall balance the hardship to the applicant, the
community, and other persons of not grantingthe he special variance against
the adverse impact on the health, safety and welfare of persons affected,
the adverse impact on property affected and any other adverse impact of
grantingthe he special variance. Applicants for special variances and persons
contesting special variances may be required to submit any information
the Cily Manager or his representative may require. In granting or denying
an application, the CitManager or his representative shall place on public
file a copy of the decision and the reasons for denying orrg anting this
special variance.
Special variances shall be granted by notice to the applicant containing all
necessary conditions including a time limit on the permitted activity. The
special variance shall not become effective until the applicant agrees to all
WIN
270
conditions. Noncompliance with any conditions of the special variances
shall terminate it and subject the person holding it to those provisions of
this article regulating the source of the sound or activity for which the
special variance wasagrz nted.
(e) Application for extension of time limits specified in special variance or for
modification of other substantial conditions shall be treated like
applications for initial special variances.
The City Manager or his designated representative may issue guidelines
defining the procedures to be followed in appl3n for or a special variance
and the criteria to be considered in deciding whether to grant a special
variance.
(11 Th .,
l\�_'J That ddi+i..,,.,1 time ;
e e ,. rfor- the., plit
.,.,,i to alter or-
(7) The .,t;y;t), a retie
dufatien
„rte ,;11 be
e f a temper-
moth ether- seefiens ef
this aAiele; aFA
(3) That no ether- r-easenable altemative is available te
(lel The (city Me ger may pr- 6be any eendifi...,.., .. 0 1 pAs he
j�f —a �o=- m� J,r_o
suFFounding neighbor -heed-."
SECTION 7. That Sec. 42-108, "Interference With Enforcement," of Chapter 42,
Environment, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to
read as follows:
"Section 42-108. Penalty. Interference With Enforcement.
Thepr-evisiensof thisa-Ftie a shall be of ed i the samemanfler- ethe
,l.,tions e f the a ty rode „fnrdi,,anees Any per -se . lating any of the
. . pins of this aAiele sha4l be deemed guilty ef a misdemeaner-, and'apein
.tie thereof be fined not less than $50.00ner- mere than $250.00 f r e.,e
eff-mse and eaeh d.,y+t1.,t sueh sue . elafien .,e tin es shall yeti} Ae a separate
of -en` e This . #iele .,,..d the f reg. ing pe,,.,lt;es shall net be nstr„ed to limit 0
deny the r -i& eftt,e ,.it„ e any per -sen +„ s ,,.1, equitable legal remedies as may be
It shall be unlawful for anyperson to hinder, obstruct, delay, resist, prevent in any
way, interfere, or attempt to interfere with any authorized person while in the
performance of these duties included in this article."
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271
SECTION 8. That Sec. 42-109, "Penalty," of Chapter 42, Environment, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby created:
Section 42-109. Penalty.
"The provisions of this article shall be enforced in the same manner as other
violations of the city Code of Ordinances. AU person violating an,of the provisions of this
article shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof, shall
receive a fine not to exceed $250.00 or a jail sentence not to exceed ninety (90) dys for each
offense. Each day that such violation continues shall constitute a separate offense. This article
and the foregoing_ penalties shall not be construed to limit or deny the right of the city or any
person to such equitable legal remedies as may be available by law."
SECTION 9. That if any section, paragraph or provision of this Ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this Ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 10. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, October 26, 2004
Adopted by the Board of Commissioners, November 9, 2004
Recorded by Tammara S. Brock, City Clerk, November 9, 2004
Published by The Paducah Sun, November 15, 2004
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