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Legislation #: 910609 Introduction Date: 5/16/1991
Type: Ordinance Effective Date: 6/9/1991
Sponsor: COUNCILMEMBER COFRAN
Title: Amending Chapter 24, Code of General Ordinances, entitled "Noise Control Code" by repealing section 24.3(h) entitled "General definitions - noise disturbance"; section 24.10 entitled "Noise disturbance prohibited"; section 24.11 entitled "Specific prohibitions"; and section 24.18 entitled "exceptions"; and enacting new sections of like number and name regulating noise disturbances by specific decibel levels.

Legislation History
DateMinutesDescription
5/16/1991

Prepare to Introduce

5/16/1991

Referred Operations And Aviation

5/22/1991

Do Pass as a Committee Substitute

5/23/1991

Assigned Third Read Calendar as Substituted

5/30/1991

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910609

 

Amending Chapter 24, Code of General Ordinances, entitled "Noise Control Code" by repealing section 24.3(h) entitled "General definitions - noise disturbance"; section 24.10 entitled "Noise disturbance prohibited"; section 24.11 entitled "Specific prohibitions"; and section 24.18 entitled "exceptions"; and enacting new sections of like number and name regulating noise disturbances by specific decibel levels.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

SECTION 1. That section 24.3(h), Code of General Ordinances, entitled "General definitions - noise disturbance" is repealed, and a new section 24.3(h) entitled "General definitions - noise disturbance" is enacted to read as follows:

 

Section 24.3. General definitions.

 

* * * * * * * * *

 

(h) Noise Disturbance: Any sound level which:

 

(1) exceeds an equivalent A-weighted sound

level (Leq) of 60 db(A) across a residential real

property boundary or within a noise-sensitive zone,

between the hours of 7:00 a.m. and 10:00 p.m.; or

 

(2) exceeds an equivalent A-weighted sound

level (Leq) of 55 db(A) across a residential real

property boundary or within a noise-sensitive zone,

between the hours of 10:00 p.m. and 7:00 a.m.; or

 

(3) exceeds an equivalent A-weighted sound

level (Leq) of 80 db(A) across a real property

boundary within a commercial/ light industrial

district.

 

However, when background sound exceeds an equivalent A- weighted sound level (LEq) of 75 db(A), sound originating from a public right of way or public space within a commercial/light industrial district shall not constitute a noise disturbance if the sound level does not exceed an equivalent A-weighted sound level (Leq) of 5 db(A) above background sound. Background sound shall be measured no closer than 50 feet from the source of the sound, or measured at the outside wall of a building adjacent to the public right of way or public space from which the sound originates.

 

SECTION 2. That section 24.10, Code of General Ordinances, entitled "Noise disturbance prohibited" is repealed, and a new section 24.10 entitled "Noise disturbance prohibited" is enacted to read as follows:

 

Section 24.10. Noise disturbance prohibited.

 

(a) General. No person shall make, continue, or

cause to be made or continued any noise disturbance, except when necessary in the performance of construction work as defined in section 24.3(q) of this chapter.

 

(b) Noncommercial activities. Noncommercial public

speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section, but shall not be exempt from the specific provisions of section 24.11.

 

(c) Specific prohibitions. This section shall not

apply to activities specifically regulated by this chapter.

 

SECTION 3. That section 24.11, Code of General Ordinances, entitled "Specific prohibitions" is repealed, and a new section 24.11 entitled "Specific prohibitions" is enacted to read as follows:

 

Section 24.11. Specific prohibitions.

 

The following acts and the causing thereof, are

declared to be in violation of this chapter:

 

(a) 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 sixty-five (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 code. 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 code.

 

(b) 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: (1) across a residential real property boundary; or (2) within a noise-sensitive zone.

 

Public zoos or the keeping or maintaining of livestock more than one-hundred (100) feet from the nearest residential dwelling as provided for in Section 6.13, Code of General Ordinances, shall not be regulated by this chapter.

 

(c) 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.

 

(d) 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 Sections 14.33 through 14.42, Code of General Ordinances, and are not regulated by this Section.) (Use of firearms is also regulated by Section 26.182, Code of General Ordinances.)

 

(e) 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 24.3(q) of this chapter.

 

(f) Loudspeakers/public address systems.

 

(1) Using or operating for any commercial or

noncommercial purpose any loudspeaker, public

address system, hand held electrically powered

device amplifying speech, or similar device such

that the sound therefrom creates a noise

disturbance.

 

(2) Using or operating for any commercial

purpose any loudspeaker, public address system,

hand held 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.

 

(g) Noise-sensitive zones.

 

(1) Creating or causing the creation of any

sound within any noise-sensitive zone designated

pursuant to Section 24.5(g), so as to disrupt the

activities normally conducted within the zone,

provided that conspicuous signs are displayed

indicating the presence of the zone; or

 

(2) creating or causing the creation of any

sound within any noise-sensitive zone, designated

pursuant to Section 24.5(g), 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.

 

(h) Places of public entertainment.

 

(1) 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 eighty-five (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 five hundred (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."

 

(2) 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.

 

(3) 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 an subsection

24.3(l) which produces, reproduces or amplifies

sound in such a manner as to create a sound level

which exceeds an equivalent A-weighted sound level

(Leq) of 80 db(A) when measured at or within the

real property boundary of the receiving real

property.

 

(i) 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 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.

 

(j) 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.

 

(k) 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:

 

(1) At any time in such a manner as to create

a noise disturbance across a real property boundary

or within a noise-sensitive zone;

 

(2) In such a manner as to create a noise

disturbance at fifty (50) feet from such device,

when operated in or on a public right-of-way or

public space, or in or on public waters;

 

(l) Security alarms.

 

(1) Failure to cease emitting sound.

 

a. Residential areas. Local alarm

systems located within a residential district

or within five hundred (500) feet of a

residential district failing to cease emitting

an audible sound within fifteen (15) minutes

of activation are prohibited and shall also

constitute a nuisance.

 

b. Nonresidential areas. Local alarm

systems not located within a residential

district and not within five hundred (500)

feet of a residential district failing to

cease emitting an audible sound within thirty

(30) minutes of activation are prohibited and

shall also constitute a nuisance.

 

c. Intermittent sounds. Alarm systems

which emit an intermittent signal failing to

cease emitting an audible sound within fifteen

(15) minutes of activation in a residential

district or within five hundred (500) feet of

a residential district, or within thirty (30)

minutes of activation in all other areas, are

prohibited and shall also constitute a

nuisance.

 

(2) 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 Section

24.11(l)(1) shall not be subject to Section 24.25,

"Penalties".

 

SECTION 4. That section 24.18, Code of General Ordinances, entitled "Exceptions" is repealed, and a new section 24.18 entitled "Exceptions" is enacted to read as follows:

 

Section 24.18. Exceptions.

 

The provisions of this article shall not apply to:

 

(a) Activities covered by the following Sections;

24.3(q) (Construction), 24.11(a) (Aircraft and Airport Operations), 24.11(c) (Domestic Power Tools), 24.12 (Operating Sound Limits), and 24.15 (Refuse Collection Vehicles);

 

(b) The unamplified human voice; and

 

(c) Interstate railway locomotives and cars.

 

 

 

Approved as to form and legality:

 

 

 

__________________________________

Assistant City Attorney