[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Terminology, ANSI S1.1 J-1960 (R1976) (withdrawn by ANSI in 1989 and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.
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.
Fifteen (15) or more minutes.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
See Section 235.010 of this Code.
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.
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.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property, buildings or structures thereon which
are owned or controlled by a governmental entity.
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.
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]
A.
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:
1.
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:
a.
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);
b.
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
c.
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.
2.
Using or operating loudspeakers/public
address systems as follows:
a.
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
3.
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.
4.
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.
5.
Operating or permitting the operation
of any tools or equipment used in construction, drilling, or demolition
work:
a.
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.
6.
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.
7.
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.
8.
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.
[1]
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.
