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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. .,�L�;^nn-.wv���,Ymn:mu4_eeY,..e�lrk.emei:ir..ihl.mvnhhr,-.ertWr:�n�W�s..isa�ek �� :1Lyvtirt�dcyr.snx�ti��a�n'ir=®.+�Yve�s4mi�Fa�n:�u�,n.-a,�cEumm�tid: s�,i,LL:� naw�neemu.srw�e�� wmmnr:�mm.4s�.mmu•ti onl�n�.� .-:--w�.m,m.�n.,.. ". A W AM (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. WP mr NE (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: -FNMFA. amp 9-9 Raw • - - -P pm. L" EA ELI _ - - - R! (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.— R! 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." ,.�L�_:...:�t�•—n.e�.v�u �r:��-�V.:�i�l�c. ee � n:,i��Je��:h_ �Jak.�. -a..ou-:IL�i�u�:�:WWol��nc:.z�rL�,��d�.�ea�YWan�,-. .,.L.0 � �ixu.�,�:rd.._,.:�,u�rJ�.,.x,,i��Y:�-�.�� �.���.�.e�w:«„... �•..,.,..e.�� 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 \ord\police\NOISE-Official oil