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Legislation #: 130608 Introduction Date: 8/15/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Section 46-5 of the Noise Control Code by enacting a new subsection (13) prohibiting the use of motor vehicle’s compression release braking systems in designated locations.

Legislation History
DateMinutesDescription
8/12/2013 Filed by the Clerk's office
8/15/2013 Referred to Neighborhoods, Housing & Healthy Communities
8/21/2013 Do Pass
8/22/2013 Assigned to Third Read Calendar
8/29/2013 Passed

View Attachments
FileTypeSizeDescription
130608.pdf Authenticated 346K Authenticated
130608 Compare Ord to Code Bk[1].pdf Compared Version 110K Compared Version
130608 Fact Sheet.pdf Fact Sheet 112K Fact Sheet

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ORDINANCE NO. 130608

 

Amending Section 46-5 of the Noise Control Code by enacting a new subsection (13) prohibiting the use of motor vehicle’s compression release braking systems in designated locations.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 46, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 46-5, Specific prohibitions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 46-5. - Specific prohibitions.

 

The following acts, and the causing thereof, are declared to be in violation of this chapter:

 

(1) Aircraft. It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 65 dB(A) within the city, but any aircraft operated in conformity with or pursuant to federal law or regulations shall be exempt from the provisions of this chapter. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of any emergency under federal air regulations shall also be exempt from the provisions of this chapter.

 

(2) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance:

 

a. Across a residential real property boundary; or

 

b. Within a noise-sensitive zone.

 

Public zoos or the keeping or maintaining of livestock more than 100 feet from the nearest residential dwelling as provided for in section 14-15 shall not be regulated by this chapter.

 

(3) Domestic power tools. Operating or permitting the operation of any mechanically or electrically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.

 

(4) Firearms and similar devices. The use or firing of firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way. Explosive permits are issued pursuant to chapter 26, article III, and are not regulated by this section. Use of firearms is also regulated by section 50-263.

 

(5) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 7:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone, except when necessary in the performance of construction work as defined in section 46-3.

 

(6) Loudspeakers and public address systems.

 

a. Using or operating for any commercial or noncommercial purpose any loudspeaker, public address system, handheld electrically powered device amplifying speech, or similar device such that the sound therefrom creates a noise disturbance.

 

b. Using or operating for any commercial purpose any loudspeaker, public address system, handheld electrically powered device amplifying speech, or similar device between the hours of 7:00 p.m. and 8:00 a.m. the following day on a public right-of-way or public space.

 

(7) Noise-sensitive zones.

 

a. Creating or causing the creation of any sound within any noise-sensitive zone designated pursuant to section 46-62(7), so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone; or

 

b. Creating or causing the creation of any sound within any noise-sensitive zone designated pursuant to section 46-62(7), containing a hospital, nursing home or similar activity, so as to interfere with the functions of such activity, provided that conspicuous signs are displayed indicating the presence of the zone.

 

(8) Places of public entertainment.

 

a. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound at a sound level greater than 85 db(A) as read by the slow response on a sound level meter at any point that is normally occupied by a customer in any place of public entertainment with a seating capacity of less than 500 persons, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."

 

b. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment which creates a noise disturbance across a residential real property boundary or within a noise-sensitive zone.

 

c. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device at or within a place of entertainment situated within a commercial/light industrial district as defined in section 46-3 which produces, reproduces or amplifies sound in such a manner as to create a sound level which exceeds the equivalent A-weighted sound level (Leq) of 80 db(A) when measured at or within the real property boundary of the receiving real property.

 

(9) Powered model vehicles and aircraft. Operating or permitting the operation of powered model vehicles or model aircraft so as to create a noise disturbance across a residential property boundary, in a public space or within a noise-sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day.

 

(10) Racing events. Operating or permitting any motor vehicle or motorcycle racing event at any place so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise-sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day.

 

(11) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:

 

a. At any time in such a manner as to create a noise disturbance across a real property boundary or within a noise-sensitive zone.

 

b. In such a manner as to create a noise disturbance at 50 feet from such device, when operated in or on a public right-of-way or public space, or in or on public waters.

 

(12) Security alarms.

 

a. Failure to cease emitting sound.

 

1. Residential areas. Local alarm systems located within a residential district or within 500 feet of a residential district failing to cease emitting an audible sound within 15 minutes of activation are prohibited and shall also constitute a nuisance.

 

2. Nonresidential areas. Local alarm systems not located within a residential district and not within 500 feet of a residential district failing to cease emitting an audible sound within 30 minutes of activation are prohibited and shall also constitute a nuisance.

 

3. Intermittent sounds. Alarm systems which emit an intermittent signal failing to cease emitting an audible sound within 15 minutes of activation in a residential district or within 500 feet of a residential district, or within 30 minutes of activation in all other areas, are prohibited and shall also constitute a nuisance.

 

b. Exceptions. Alarm systems installed prior to January 1, 1987, which do not have the capability to automatically discontinue the audible alarm sound within the times prescribed by subsection (12)a of this section shall not be subject to section 46-31.

 

(13) Compression release braking systems. It shall be unlawful for any person to utilize a motor vehicle’s compression release braking system while traveling on roads or highways within the City with posted right-of-way signs that say "Noise Ordinance Enforced."

 

______________________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Nelson V. Munoz

Assistant City Attorney