Loading...
HomeMy WebLinkAbout94-2-5079397 ORDINANCE *94---s2 - S07 9 AN ORDINANCE ABOLISHING CHAPTER 21, NOISE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUC H AND RECREATING OL ORDINANCE FOR THEAPTER I , NOISE CONTR CITY OFPADUCAH BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION V. That Chapter 21, Noise, including all section contained therein, of the Code of Ordinances of the City of Paducah be, and hereby is, abolished. SECTION 2: That Chapter 21, Noise Control Ordinance for the City of Paducah be, and hereby is, created. Said ordinance shall be in the form attached hereto and same is hereby incorporated by reference as if fully set forth herein. SECTION 3: This ordinance shall be read on two separate days and become effective upon publication of title or certified summary thereof. Introduced by the Board of Commissioners ,,t-. c 44 Adopted by the Board of Commissioners,- Z9 J q 'J!t Recorded by City Clerk 59� Published by The Paducah Sun t I -- 111,r-+.n?�a,.�mr�. .�-�,�,.r-�,,,�,�,,. .r ,::--,- i .p.:,,��rm ,�m:�.r�.z:.—,-, ..- . 1. f.1. �., r �:-. —�—�a. �...„ .... .. ;ia-.i r�.��u:''':r�w. p:,. CHAPTER 21 NOISE CONTROL ORDINANCE FOR THE CITY OF PADUCAH Sec. 21-1 Chapter Designated Noise Control Ordinance. This Chapter shall be known as the "Noise Control ' Ordinance for the City of Paducah." Sec. 21-2 Purpose. A. It is the purpose of this Chapter 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 of Paducah. The residents of the City of Paducah 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 Chapter attempts to foster mutual respect among all residents and to establish a community position against noise pollution. B. Scope. This article applies to all persons, property, animals, equipment, appliances, instruments, and other sound emitting devices, as regulated herein. C. Relationship to Other Restrictions. The provisions of this Chapter 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 of Paducah. If more stringent standards concerning noise abatements are contained in other laws, rules, regulations, or ordinances, the more stringent standards shall apply. Sec. 21-3 Definitions. For the purposes of this Chapter, the following words, terms, and phrases shall have the following meanings: A. Ambient Sound --The all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. ,..,.111»1-rrcma:rr:r:711 I. ., — 1 r i.-n:.a�mfmi��' ' ' .-6T1 _ .. �,.—,�Tr�—m-:rrT-ull�m-rnrr �..--. r, .—,n-1 u.,..:. -�T Frs rwa as uc�r.=r Ti 399 LL -- B. Decibel --A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the referenced pressure, which is twenty (20) micronewtons per square meter. C. Emergency Work --Work performed for the purpose ofrn. preventing or alleviating physical trauma or property damage-- threatened or caused by an existing or imminent peril. D. Noise --Any sound emitted by a person, animal, appliance, equipment, instrument, or other device. E. Noise Disturbance --Any sound which (1) endangers or injures the safety or health of humans or animals; or (2) a noise that disturbs a reasonable person of normal sensitivities; or (3) endangers, injures, or seriously interferes with the quiet enjoyment or reasonable use of real or personal property; or (4) exceeds the limits set out in Section 21-6, infra. F. Person --Includes an individual, firm, association, organization, partnership, trust, company, corporation, or any similar entity. G. 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. H. Sound Level Meter --An instrument including a microphone, amp, output meter, and frequency waiting networks for the measurement of noise and sound levels in a specified matter. Sec. 21-4. Noises Prohibited. A. General Prohibition --It shall be unlawful for any person to make, continue, or cause or allow to be made or continued any noise disturbance. ('I` B. For the purpose of this Chapter, noise disturbances include, but are not limited to, the following: 1. Horns, signaling devices, etc. --The sounding of any horn or signaling device of any motor vehicle on any state -2- 400 or public place of the city continuously or intermittently, except as a danger or emergency warning. 2. Radios, phonographs, etc. --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 of it p.m. and 7 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 facia evidence of a violation of this section. 3. Yelling, shouting, etc. --Yelling, shouting, hooting, whistling, or singing on the public streets, yl .� particularly between the hours of 11 p.m. and 7 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose 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, etc. --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. 5. Animals, birds, etc. --The keeping of any animal or bird which by causing frequent or long -continued noise shall disturb the comfort or repose of any persons in the vicinity. j 6. Steam whistles --The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities. -3- i ni „m+�cii �. �mr��+�sr_,r. ,a:. �. , �, i -i �p._-.n79rPa� 1-1.1 7—STT'-T­• 9 F7 �� t.. mM��n...�,� nm wMln�rory �«m., .n6w n«�. .-'L J, .-, i ,•,•. 13._{N.dln.nar x.w .mM i i, li.: I IJ 4 � YNn � � Ihl .M1 � »1 ___ .y_�_I.�.1ncu .. _Ili l _.. 401 7. Exhausts --The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 8. Noisy vehicles --The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner as to cause loud and unnecessary grading, grinding, rattling, or other noise. 9. Drum, loudspeaker, or other instrument --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. 10. Loading, unloading, opening boxes --The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bails, boxes, crates, and container. 11. Schools, courts, churches, 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. Sec. 21-5 Exemption from Chapter. None of the terms or prohibitions of this Chapter shall apply to or be enforced against: A. All safety signals and warning devices (e.g., intrusion alarms, backup alarms on trucks); authorized vehicles when responding to emergencies (e.g., police, fire, and ambulance); or any other device used to alert persons to an emergency or used during the conduct of emergency work. i✓ B. The provision, repair, and maintenance of municipal services or public utilities. -4- 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 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 7 a.m. to 6 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 manufacturers' specifications and with all standard equipment, manufacturers' mufflers, and noise reducing equipment in use and in properly operating condition. G. Lawn mowers and agricultural equipment used between 7 a.m. and 9 p.m. when operated with all the manufacturers' (�� standard mufflers and noise reducing equipment in use and in properly operating condition. H. Activities permitted by permit, as provided herein, according to the terms and conditions of said permit. Sec. 21-6. Maximum Permissible Sound Levels. A. No person shall make, continue or cause or allow to be made or continued any noise disturbance as set forth in Section 21-4B. which exceed the sound level limits set forth in Table 1 below when measured as hereinafter set forth. Any noise disturbance exceeding the level set forth for the appropriate zoning category in Table 1 shall constitute a per se violation of this Chapter. Nothing herein shall be construed as permitting noise disturbances in violation of the more general standards set forth in Section 21-4B, but not exceeding the level set forth in Table 1. Table 1, Sound Levels by Zoning District -5- 402 403 Zoning District of Property Sound Level 7 a.m.-9 p.m. Sound Level 9 p.m: 7 a.m. on Which Source of Noise Located Residential (Zoning Districts R-1, 65 dB(A) 55 dB(A) R-2, R-3, R-4, H-1) Commercial (Zoning Districts A-1, 75 dB(A) 65 dB(A) B-1, B-2, B -2-T, B-3, HBD) Manufacturing (Zoning District M- 80 dB(A) 75 dB(A) 1, M-2, C-1) B. When exceeded --The sound level limits set forth in Table 1 shall be exceeded when any one or more of the following occur: 1. The sound level at any one point in time exceeds any of the established zone limits in Table 1 by a measured level of 15 dB(A); or 2. The sound level exceeds any of the established limits in Table 1 by a measured sound level of 10 dB(A) for cumulative total of one minute or more out of any ten minute period; or 3. The sound exceeds, except in the manufacturing districts, any of the established zone limits in Table 1 by a measured sound level of 3 dB(A) continually for a period of five minutes, or a total of five minutes of any ten minute period. C. Ambient Sound --In the event the background ambient sound levels in the area of suspected noise disturbance exceed the level set forth in Table 1, the sound level of the intrusive sound source shall be measured with the ambient level being substituted as the Table 1 sound level. D. 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 source is in a public right of way. E. Measuring Instrument --All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications. Sec. 21-7 Permit to Exceed Limits. Applications for a permit for relief from the noise levels designated in this ordinance on the basis of undue hardship may be made to the City Manager or his duly authorized representative. Any permit granted by the City Manager hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The City Manager or his duly authorized representative may grant the relief as applied for if he finds: -6- 1. That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this ordinance, or 2. The activity, operation, or noise source will be of a temporary duration and cannot be done in a manner that would comply with other sections of this Chapter and (D 3. That no other reasonable alternative is available to the applicant. The City Manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or surrounding neighborhood. Sec. 21-8 Enforcement and Penalties. A. The provisions of this Chapter shall be enforced in the same manner as other violations of the Code of Ordinances of the City of Paducah. B. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than "'oOo $ -- nor more than $ v for each offense and each day that such violation continues shall constitute a separate offense. C. This Chapter 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. Sec. 21-9 Severability. It is the intention of the city that each separate provision of this ordinance shall be deemed independent of all other provisions herein and it is further the intention of the city that if any provision of this ordinance be declared to be invalid, all other provisions hereof shall remain valid and enforceable. �.i -7- i/"