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Legislation #: 980199 Introduction Date: 2/23/1998
Type: Ordinance Effective Date: 4/5/1998
Sponsor: COUNCILMEMBER ASJES
Title: Amending Chapter 46, Code of Ordinances, the Noise Control Code, by amending sections 46-3 - Definitions, 46-63 - Duties, 46-161 - Operating sound limits, and 46-191 - Residential districts, to include within prohibited noise in residential districts that which disturbs the peace, quiet and comfort of neighboring inhabitants, is louder than necessary for convenient hearing of voluntary listeners, can be plainly heard across a residential property line 50 feet from the source of the noise, and is generated from public property and plainly audible 50 feet or more from the source of the noise; and reduces measurement periods to two minutes in all other districts; and to explicitly authorize the Police Department to enforce the Noise Control Code.

Legislation History
DateMinutesDescription
2/23/1998

Prepare to Introduce

2/23/1998

Referred Neighborhood Development Committee

3/4/1998

Referred Finance & Administration Committee

3/11/1998

Hold On Agenda

3/18/1998

Do Pass as a Committee Substitute

3/19/1998

Assigned to Third Read Calendar

3/26/1998

Amended

3/26/1998

Passed as Substituted and Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980199, AS AMENDED

 

Amending Chapter 46, Code of Ordinances, the Noise Control Code, by amending sections 46-3 - Definitions, 46-63 - Duties, 46-161 - Operating sound limits, and 46-191 - Residential districts, to include within prohibited noise in residential districts that which disturbs the peace, quiet and comfort of neighboring inhabitants, is louder than necessary for convenient hearing of voluntary listeners, can be plainly heard across a residential property line 50 feet from the source of the noise, and is generated from public property and plainly audible 50 feet or more from the source of the noise; and reduces measurement periods to two minutes in all other districts; and to explicitly authorize the Police Department to enforce the Noise Control Code.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

SECTION 1. That section 46-3, Code of Ordinances, entitled Definitions is amended to read as follows:

 

Sec. 46‑3. Definitions.

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter, not defined in this section, shall be in conformance with the USA Standard Acoustical Terminology American National Standards Institute Document S1.1‑1960 (R 1971).

 

A‑weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A‑weighted network. The level so read is designated dB(A) or dBA.

 

Aircraft means any contrivance now known or hereafter invented which is used or designed for navigation or for flight in the air; provided, however, that this definition shall not include model aircraft.

 

Airport means a landing area used regularly by aircraft for receiving and discharging passengers or cargo.

 

Commercial/light industrial district means any of the following zoning districts as shown on the zoning map: districts C‑1, C‑2, C‑3, C‑3a1, C‑3a2, C‑3b, C‑4, CP‑1, CP‑2, CP‑3, O, CPO‑1, CPO‑2, CX, M‑1, PD/C‑1, PD/C‑2, PD/C‑3, PD/C‑3a1, PD/C‑3a2, PD/C‑3b, PD/C‑4, PD/CP‑1, PD/CP‑2,

PD/CP‑3, PD/O, PD/CPO‑1, PD/CPO‑2, PD/CPR and PD/M‑1, all as provided for in either chapter 65 of the Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the zoning ordinance, or chapter 80 of this Code of Ordinances.

 

Construction means any site preparation, assembly, erection, repair, alteration or similar action, including demolition, for or of public or private rights‑of‑way, structures, utilities or similar property.

 

Decibel (dB) means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

 

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma, property damage or protection of commerce which demands immediate action.

 

Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma, property damage or protection of commerce threatened or caused by an emergency.

 

Equivalent A-weighted sound level (Leq) means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. For the purposes of this chapter, a time period of not less than two continuous minutes or two minutes, whether continuous or not, of a thirty minute period shall be used, unless otherwise specified.

 

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle.

 

Ground cover means any of various low, dense‑growing plants, such as ivy, myrtle, low weeds or brush.

 

Hard test site means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel or similar reflective material for more than half the distance between the microphone target point and the microphone location point.

 

Model aircraft means any contrivance now known or hereafter invented which is used or designed for flight in the air and which is controlled by manual or remote means but which is not used or designed for the carriage of persons or objects.

 

Motor vehicle means any vehicle which is propelled or drawn on and by a motor, such as but not limited to passenger cars, trucks, truck‑trailers, campers, go‑carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles and unlicensed construction

motor vehicles as defined in this section.

 

Motorcycle means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.

Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

 

Noise disturbance means any sound level which, except as authorized by permit:

 

(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; or

 

(4) Disturbs the peace, quiet and comfort of the neighboring residential inhabitants, or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which the noise is generated and who are voluntary listeners, or is plainly audible across a residential property line 50 feet or more from the source of the noise; or

 

(5) Is generated from public property, including public waters, or on a public right-of-way, within a residential district and is plainly audible 50 feet or more from the source of noise or in a park and is plainly audible 100 feet or more from the source of noise.

 

For purposes of subsections (1), (2) and (3), 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 five 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.

 

Noise‑sensitive zone means any area designated pursuant to section 46‑62(7) for the purpose of ensuring exceptional quiet.

 

Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

 

Residential district means any of the following zoning districts, as shown on the zoning map: districts R‑1aa, R‑1a, R‑1b, RA, R‑2a, R‑2b, R‑3, R‑4, R‑4‑O, R‑5, R‑5‑O, R‑6, PD/R‑1aa, PD/R‑1a, PD/R‑1b, PD/RA, PD/R‑2a, PD/R‑2D, PD/R‑3, PD/R‑4, PD/R‑4‑O, PD/R‑5, PD/R‑5‑O and PD/R‑6, all as provided for in either chapter 65 of the Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the zoning ordinance, or chapter 80 of this Code of Ordinances.

 

Soft test site means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for half or more of the distance between the microphone target point and the microphone location point.

 

Sound means any oscillation in pressure, partial displacement, partial velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of any sound, including duration, intensity and frequency.

 

Sound level means the quantity in decibels measured by a sound level meter satisfying the requirements of American National Standards Specification for Sound Level Meters S1.4‑1971. This publication is available from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. Sound level is the frequency‑weighted sound pressure level obtained with the standardized dynamic characteristic ``fast'' or ``slow'' weighting A, B or C. Unless indicated otherwise, the A‑weighting is understood.

 

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks issued to measure sound pressure levels.

 

Unlicensed construction motor vehicle means any vehicle or equipment used for construction purposes, not required to be licensed by the state, which is propelled or drawn on land by a motor, such as but not limited to cranes, bulldozers, hiloaders, graders, steamshovels or earth‑movers, but

not including motorcycles or motor vehicles as defined in this section.

 

SECTION 2. That section 46-63, Code of Ordinances, entitled Duties is amended to read as follows:

 

Sec. 46‑63. Duties.

 

In order to implement and enforce this chapter effectively, the director of health shall:

 

(1) Development of standards, testing methods and procedures. Develop and establish standards, testing methods and procedures. Testing procedures established for the enforcement of article III of this chapter shall be in accordance with Federal Highway Administration Department of Transportation regulations, 49 CFR 325 et seq.

 

(2) Investigation of violations. In consonance with other provisions of this chapter, investigate and pursue possible violations of this chapter.

 

(3) Delegation of authority. Delegate functions, where appropriate under this chapter, to personnel within the health department. Members of the Kansas City, Missouri, Police Department are authorized to enforce the prohibitions established by this code without the explicit delegation from the director of health.

 

(4) Transportation planning.

 

a. Study the existing transportation systems such as truck routes within the community, determine areas with sensitivity to sound caused by transportation, and recommend changes or modifications to transportation systems to minimize the sound impact on residential areas and noise‑sensitive zones.

 

b. Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, airports and other systems for public transportation, to ensure that the impact of sound receives adequate consideration.

 

(5) Airport and aircraft operations. Consult with the director of aviation to recommend changes in airport operations to minimize any noise disturbance which the director of aviation may have authority to control; but nothing in this chapter shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate airport operations. Nothing in this chapter shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which is in all respects conducted in accordance with or pursuant to applicable federal laws or regulations.

 

(6) Conformance with state and federal laws and regulations.

 

a. Prepare and publish, with the approval of the council, a list of those products manufactured to meet specified noise emission limits under federal, state or local law for which tampering enforcement will be conducted.

 

b. Make recommendations for modifications or amendments to this chapter to ensure consistency with all state and federal laws and regulations.

 

SECTION 3. That section 46-161, Code of Ordinances, entitled Operating sound limits is amended to read as follows:

 

Sec. 46‑161. Operating sound limits.

 

(a) It shall be unlawful for any person to operate or cause to be operated a motor vehicle or motorcycle at any time which creates a noise which exceeds the sound level set forth in table A.

 

TABLE A

 

MOTOR VEHICLE AND MOTORCYCLE SOUND LIMITS

MEASURED AT 15 METERS OR 50 FEET

 

 

Decibels (A)

 

 

Street Operations Tests

Stationary Run-Up Tests

 

Soft Site

Hard Site

 

 

Vehicle Class

35 mph or less

Over

35 mph

35 mph or less

Over

35 mph

Soft Site

Hard Site

Any Motorcycle

82

86

84

88

82

84

Any motor vehicle of GVWR of less than 10,000 lbs.

 

76

 

80

 

78

 

82

 

76

 

78

Any motor vehicle of GVWR of 10,000 lbs. or more

 

86

 

90

 

88

 

92

 

86

 

88

 

(b) If the distance between the microphone location point and the microphone target point is other than 50 feet, the maximum sound level established by table A shall be corrected as follows:

 

DISTANCE CORRECTION FACTORS

If the distance between the microphone location point and the microphone target point is:

 

 

The value dB(A) to be applied to the observed sound level reading is:

35 feet or more but less than 39 feet

 

- 3

39 feet or more but less than 43 feet

 

- 2

43 feet or more but less than 48 feet

 

- 1

48 feet or more but less than 58 feet

 

0

58 feet or more but less than 70 feet

 

+ 1

70 feet or more but less than 83 feet

 

+ 2

 

(c) The director of health shall adopt, pursuant to section 46‑63(1), procedures for the measurement of sound levels established by this section which are in accordance with established scientific principles, so as to ensure uniformity of testing by his subordinates.

 

(d) Notwithstanding the limits established by subsections (a) and (b), no person may cause a noise disturbance across property lines into any residential district.

 

SECTION 4. That section 46-191, Code of Ordinances, entitled Residential districts is amended to read as follows:

 

Sec. 46‑191. Residential districts.

 

(a) No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the equivalent A‑weighted sound level (Leq) limits set forth in table 1 when measured at or within the property boundary of the receiving residential district. A measurement period shall not be less than two minutes.

 

TABLE 1

 

Receiving Land Use Category

 

Time

Equivalent A-Weighted Sound Level Limit, Leq

Any Residential District

7:00 am - 10:00 pm

60 dB(A)

 

10:00 pm - 7:00 am

55 dB(A)

 

(b) Notwithstanding the limits established by subsection (a), no person may cause a noise disturbance across property lines into any residential district.

 

___________________________________________________________

 

Approved as to form and legality:

 

 

 

 

____________________________________

Assistant City Attorney