[Ord. No. 1563 §1, 11-28-2007]
For the purpose of this Chapter, the following terms, phrases,
words and abbreviations shall have the following meanings, unless
expressly stated otherwise:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network.
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.
Any work performed for the purpose of preventing or alleviating
physical trauma, property damage or the protection of commerce, threatened
or caused by an emergency.
Any sound level which:
Exceeds an equivalent A-weighted sound level of sixty (60) db(A)
across a residential property boundary between the hours of 7:00 A.M.
and 10:00 P.M.;
Exceeds an equivalent A-weighted sound level of fifty-five (55)
db(A) across a residential property boundary between the hours of
10:00 P.M. and 7:00 A.M.;
Disturbs the peace, quiet and comfort of neighboring residential
inhabitants at any time with louder volume than is necessary for convenient
hearing for the purposes of those 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 boundary fifty
(50) feet or more from the source of the noise; or
A sound which is specifically prohibited pursuant to Section 250.030 of this Code.
Any of the following zoning districts: "R1-40", "R1-16",
"R1-8", "R-2", "R-3", "R-4", and Residential Conservation District.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person or
entity from that owned by another person or entity.
The quantity in decibels measured by a sound level meter
satisfying the requirements of American National Standards Specifications
for Sound Level Meters S1.4-1971. Sound level is the frequency - weighted
sound pressure level obtained from the standardized dynamic characteristic
"fast" or "slow" weighting A, B or C. Unless indicated otherwise,
the A-weighting is understood.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks issued to measure sound pressure levels.
[Ord. No. 1563 §1, 11-28-2007]
No person or entity shall make, continue or cause to be made
or continued any noise disturbance unless such noise disturbance is
a result of construction work authorized by a building permit issued
by the City when such work is occurring between the hours of 7:00
A.M. and 10:00 P.M. If the building permit issued by the City specifically
authorizes work between 10:00 P.M. and 7:00 A.M., then noise resulting
therefrom shall not be a noise disturbance in violation of this Chapter.
[Ord. No. 1563 §1, 11-28-2007]
A.Â
The following
acts and the causing thereof are declared to be noise disturbances
in violation of this Chapter without regard to the sound level associated
therewith:
1.Â
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 across
a residential real property boundary.
2.Â
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 outdoors in residential areas
between the hours of 10:00 P.M. and 7:00 A.M. so as to cause a noise
disturbance across a residential real property boundary.
3.Â
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 except that this prohibition shall not apply to the lawful
use of fireworks.
4.Â
Loud speakers and public address systems. Using or operating
for any commercial or non-commercial purpose any loudspeaker, public
address system, handheld electrically powered device amplifying speech
or similar device such that the sound therefrom creates a noise disturbance.
5.Â
Loud speakers and public address systems on public space. 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 10:00 P.M. and 7:00 A.M. on
a public right-of-way or public space.
6.Â
Amplified music. 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.
[Ord. No. 1563 §1, 11-28-2007]
Any term or condition of this Chapter notwithstanding the use
of loud speakers and public address systems or amplified music in
conjunction with any sporting event, entertainment event or other
public proceeding conducted by a public school or upon public school
premises shall not constitute a noise disturbance in violation of
this Chapter.
[Ord. No. 1563 §1, 11-28-2007]
A.Â
The Platte City Police Department shall adopt an appropriate form of application which persons or entities may submit to the Chief of Police to obtain a special permit for conducting a public event which may create noise to an extent that the same would constitute a noise disturbance for purposes of this Chapter 250. If upon review of the application the Platte City Chief of Police determines that the activity for which the permit is requested is made in connection with a legitimate business enterprise and that the noise disturbance will not continue beyond 12:00 Midnight on the date for which the permit is applied, he/she may issue a special permit to the applicant to engage in the activity which was the subject of the application. In no event shall a permit be issued for an activity which may result in a noise disturbance if such activity would constitute a peace disturbance under applicable City ordinances.
B.Â
Any person
or entity engaging in an activity in compliance with a special permit
issued pursuant to the terms hereof shall not be deemed guilty of
causing a noise disturbance.
[Ord. No. 1563 §1, 11-28-2007]
A.Â
No person or entity shall be convicted of violating the provisions of this Chapter 250 unless such person or entity has previously received one (1) or more warnings that they are engaging in an activity which constitutes a noise disturbance.
B.Â
Any person or entity, upon being found guilty of violating any of the provisions of this Chapter 250, shall for the first (1st) such violation be fined not more than twenty-five dollars ($25.00), for the second (2nd) such violation not more than two hundred dollars ($200.00) and for the third (3rd) or any subsequent violation not more than five hundred dollars ($500.00). The continuation of any activity in violation of this Chapter 250 shall, after warning or issuance of a general ordinance summons, constitute a separate offense.
