[R.O. 1996 § 230.010; CC 1968 § 14-253; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
This Chapter may be cited as the "Noise Control Ordinance of the City of Blue Springs" and it shall apply to the control of noise and sound originating within the limits of the City of Blue Springs.
[R.O. 1996 § 230.020; CC 1968 § 14-254; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
For the purposes of this Chapter, the following items have the meanings ascribed to them as hereinafter defined, unless where otherwise expressly stated or where the context clearly defines a different meaning. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the words "shall" or "must" are mandatory; and the term "used for" includes the meaning "designated for" or "intended for." All terminology used in this Chapter, not defined as follows, shall be in conformance with the American National Standards Institute (ANSI) document: American National Acoustical Terminology, ANSI S1.1 J-1960 (R1976) (withdrawn by ANSI in 1989 and not replaced) or a later approved ANSI revision thereof.
- COMMERCIAL AREA
- A district that has been assigned a zoning designation of "SO," "NB," "GB," or "RC" in accordance with Title IV of the Blue Springs Code.
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, buildings, utilities or similar property.
- CONTINUED DURATION
- Fifteen (15) or more minutes.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
- One (1) or more times in every thirty (30) minute period for at least four (4) out of five (5) successive thirty (30) minute periods.
- MOTOR VEHICLE
- Every vehicle which operates on land, other than a motorcycle.
- Any vessel which operates in or on water, propelled by machinery, whether or not such machinery is the principal source of propulsion. Such a vessel would include, but is not limited to, boats, barges, amphibious craft, water ski towing devices and hovercraft.
- Every motor vehicle designed to travel on not more than three (3) wheels in contact with the ground, except any such vehicle as may be included within the term tractor as a piece of farm machinery.
- MUFFLER or SOUND DISSIPATIVE DEVICE
- A device for abating the sound of escaping gases of an internal combustion engine, or for abating sound transmitted in a duct, chase, pipe or other opening.
- Any sound which, if disturbing, annoys or disturbs a reasonable human being or which causes or tends to cause an adverse psychological or physiological effect on humans.
- NOISE DISTURBANCE
- Any sound which:
- Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State.
- POWERED MODEL VEHICLE
- Any self-propelled airborne, waterborne, or land borne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property, buildings or structures thereon which are owned or controlled by a governmental entity.
- REAL PROPERTY BOUNDARY
- 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 intra-building real property divisions.
- RESIDENTIAL AREA
- A district that has been assigned a zoning designation in accordance with Title IV of this Code (see Chapter 404, Zoning District Regulations).
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium, and is the objective cause of hearing. The description of sound may include any characteristic of such sound, including duration, level and frequency.
- Any day Monday through Friday which is not a legal holiday.
[R.O. 1996 § 230.030; CC 1968 § 14-256; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
No person shall make, create or cause, continue, or cause to be made or continued, any noise disturbance. The following acts, among others not herein listed, and the causing thereof, are declared to be unlawful and in violation of this Chapter:
Operating, playing or permitting the operation or playing of any radio, car radio, subwoofer, television, cd player, DVD, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
In such a manner as to create a noise disturbance across a real property boundary (except for activities open to the public and for which a permit or license has been issued by the City of Blue Springs);
In such a manner as to create a noise disturbance at twenty (20) feet or more from such device, when operated in or on a motor vehicle or motorcycle on a public right-of-way or public space, or in a boat on public waters; or
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;
Non-commercial public speaking and public assembly activities conducted on or in any public space or public right-of-way and fireworks set off in compliance with Chapter 235 of this Code, shall be exempt from the operation of this Section. Non-commercial spoken language, to the extent it is covered, shall be covered under Subsection (A)(2) below.
Using or operating loudspeakers/public address systems as follows:
For any non-commercial purpose any loudspeaker, public address system, or similar device between the hours of 11:00 P.M. and 6:00 A.M. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary; or
Offering for sale anything by shouting or outcry within any residential or commercial area of the City except between the hours of 8:00 A.M. and 6:00 P.M.
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.
Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work:
Between the hours of 11:00 P.M. and 6:00 A.M. the following day, seven (7) days a week, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities.
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such manner as to cause a noise disturbance across a residential real property boundary.
Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 11:00 P.M. and 6:00 A.M. the following day.
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 6:00 A.M. the following day so as to cause a noise disturbance across a residential real property boundary.
Editor's Note: R.O. 1996 § 230.040, Violation — Penalty, was removed by the City during the 2019 recodification project.
[R.O. 1996 § 230.050; CC 1968 § 14-262; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
Violations of this Chapter shall be prosecuted in the same manner as other violations of the City's Code.
[R.O. 1996 § 230.060; CC 1968 § 14-263; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by the Circuit Court of Jackson County, Missouri, or other courts of competent jurisdiction.
[R.O. 1996 § 230.070; CC 1968 § 14-264; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this Chapter or from other law.
[R.O. 1996 § 230.080; CC 1968 § 14-265; Ord. No. 2296 § 1, 1-18-1993; Ord. No. 4407 § 1, 7-16-2012]
No officer, agent, or employee of the City of Blue Springs shall render themselves personally liable for any damage that may occur to a person or property as a result of any act required or permitted in the discharge of their duties under this Chapter.