6.18.040 Prohibited Acts.
No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Non-commercial 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. The following acts, and the causing thereof, are declared to be in violation of this ordinance:
(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:
(1) Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone (except for activities open to the public and for which a permit has been issued by the city clerk.)
(2) In such a manner as to create a noise disturbance at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters.
(3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
(4) This section shall not apply to non-commercial spoken language covered under subparagraph (B) following.
(B) Using or operating loudspeakers/public address systems as follows:
(1) For any non-commercial purpose any loudspeaker, public address system, or similar device between the hours of 11:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(2) For any commercial purpose any loudspeaker, public address system, or similar device;
(a) such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or
(b) between the hours of 11:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space.
(C) Offering for sale anything by shouting or outcry within any residential or commercial area of the city (except by permit issued by the city clerk and/or except between the hours of 8:00 a.m. and 7:00 p.m.).
(D) 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 across a residential real property boundary or within a noise sensitive zone.
(E) Loading, unloading, opening, closing or other handling of boxes, crates, containers, trash, building materials or similar objects between the hours of 11:00 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.
(F) Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
(1) Between the hours of 11:00 p.m. and 7:00 a.m. the following day, seven days a week, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special variance issued pursuant to Section 6.18.050(A).
(2) At any other time such that the sound level at or across a real property boundary exceeds 65 dba. This subsection shall not apply to construction hand tools (to include power tools) that are mobile in nature and are being used at a field construction site for temporary construction purposes.
(3) This section shall not apply to the use of domestic power tools subject to Section 6.18.040(P).
(G) Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(H) Airport and aircraft operations as provided following:
(1) The director of Development Services shall consult with the Johnson County Airport Commission to recommend changes in airport operations to minimize any noise disturbance which the airport manager may have authority to control.
(2) Nothing in this section shall be construed as to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.
(I) Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, or amplifies sound in any place of public entertainment at a sound level greater than 85 dba as read by the slow response on a sound level meter at any point that is normally occupied by a customer, 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.”
(J) The use or firing of explosives, 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, without first obtaining a special variance issued pursuant to Section 6.18.050(A). (Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized.)
(K) Operating or permitting the operation of powered model vehicles 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 11:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Section 6.18.060(A) and shall be measured at a distance of 25 feet from any point on the path of the vehicle. Maximum sound levels for residential property and noise sensitive zones, during the permitted period of operation, shall be governed by Section 6.18.060(A) and Section 6.18.040(O) respectively.
(L) Stationary non-emergency signaling devices as provided following:
(1) Sounding or permitting the sounding of a signal from any stationary bell, chime, siren, whistle or similar device, intended primarily for non-emergency or non-warning purposes, from any place between the hours of 11:00 p.m. and 7:00 a.m. the following day and for more than three (3) minutes in any hourly period between the hours of 7:00 a.m. and 11:00 p.m.
(2) Sound sources covered by this provision and not exempted under subparagraph (1) preceding shall be exempted by the director of Development Services using criteria set forth in Section 6.18.050.
(M) Emergency signaling devices as provided following:
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil emergency alarm, siren, whistle or similar stationary emergency signaling device, except for emergency or warning purposes or for testing, as provided in subparagraph (2) following:
(2)
(a) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m. or after 11:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 10 minutes.
(b) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur except as required for training, for testing after repairs or for proper functioning. Such testing shall not occur before 7:00 a.m. or after 11:00 p.m. The time limit specified in subparagraph (a) above shall not apply to such complete system testing.
(N) Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to exceed a sound level of 88 dba at 25 feet or the nearest shoreline, whichever distance is less.
(O) The creation or causing of the creation of any sound within any noise sensitive zone designated pursuant to Section 6.18.030(A)(3):
(1) 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) Containing a hospital, nursing home, or similar activity, so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.
(P) Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas between the hours of 11:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary, except for the twenty four (24) hour period immediately following a snowfall or other weather related emergency.
(Q) Tampering acts or the causing thereof as follows:
(1) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any noise control device or element of design or noise label of any product.
(2) The intentional removing or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the NCO.
(3) The use of a product which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.
(R) Operating or permitting the operation of any parking lot sweeper or similar device that sweeps clean parking lots or sidewalks of trash, dirt, mud or other debris (exclusive of City street sweeping activities) between the hours of 11:00 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. (Ord. 00-89 § 3, 2000; Ord. 85-13 § 1, 1985.)