[HISTORY: Adopted by the Town Board of the
Town of Kent 7-9-1973 by L.L. No. 10-1973; amended in its entirety 11-21-2005 by L.L. No.
10-2005. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of
Kent Noise Control Law."
The Town of Kent recognizes that excessive noise
is detrimental to the public health, safety and welfare and is detrimental
to the predominantly residential character of the Town of Kent. It
is the purpose of this chapter to prevent unreasonable, unreasonably
loud, disturbing or unnecessary noise which unreasonably interferes
with the sleep, comfort, repose, health, safety or welfare of others
within the Town of Kent.
As used in this chapter, the following terms
shall have the meanings indicated:
One or more natural persons of either sex, corporations,
partnerships, associations, membership societies and all other entities
capable of being sued.
Any vehicle which is propelled or drawn on land or on the
frozen surface of a lake by a motor, such as but not limited to passenger
cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles,
amphibious craft on land, dune buggies, all-terrain vehicles, racing
vehicles and motorcycles.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker, public-address system or any other sound-amplifying
device.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers or interferes with the
sleep, comfort, repose, health, or safety of a reasonable person of
normal sensitivities or which causes injury to animal life or damage
to property or business.
Standards to be considered in determining whether
any sound existing in a given situation constitutes unreasonable,
unreasonably loud, disturbing or unnecessary noise within the prohibition
of this chapter include:
A.Â
The volume of the noise.
B.Â
The intensity of the noise.
C.Â
Whether the noise is usual or unusual.
D.Â
Whether the origin of the noise is natural or unnatural.
E.Â
The volume and intensity of background noise, if any.
F.Â
The proximity of the noise to residential sleeping
facilities.
G.Â
The time of the day or night the noise occurs.
H.Â
The time duration of the noise.
I.Â
Whether the sound source is temporary.
J.Â
Whether the noise is continuous, impulsive or intermittent.
K.Â
The nature and the zoning district of the area within
which the noise emanates.
No person shall make, cause or permit to be
made any unreasonable, unreasonably loud, disturbing or unnecessary
noise within the geographical boundaries of the Town of Kent.
The following shall be a violation of this chapter when same constitutes an unreasonable, unreasonably loud, disturbing or unnecessary noise, as such is defined in § 48-3 hereof:
A.Â
The use of any sound reproduction device inside a
structure in such a manner as to result in the sound or any part thereof
from such device to be projected therefrom outside of the structure
or out of doors and heard from any residential dwelling, of a degree
as to annoy or disturb the quiet, comfort or repose of a reasonable
person of normal sensitivities.
B.Â
The creation of noise in connection with the loading
or unloading of any vehicle between 7:00 p.m. and 7:00 a.m. the following
day, and at any time on Sunday; or the operation of any commercial
vehicle for the purpose of the pickup or delivery of goods or refuse
between the hours of 11:00 p.m. and 5:00 a.m. the following day.
C.Â
The operation of any sound reproduction device on
any boat or other vessel so that the sound therefrom is audible on
land.
D.Â
In the process of any construction, drilling or demolition
operations, between the hours of 9:00 p.m. and 7:00 a.m. the following
day, and between the hours of 9:00 p.m. Saturday and 8:00 a.m. Sunday,
to operate or use any tools, pile driver, pneumatic hammer, tractor,
derrick, electrical hoist, gasoline or electric powered saw or other
mechanical apparatus or equipment the use of which is attended by
noise.
E.Â
The keeping of any animal or bird which, by causing
noise, shall annoy or disturb the quiet, comfort or repose of a reasonable
person of normal sensitivities.
F.Â
The playing of music or a sound reproduction device
in such a manner and with such volume, between the hours of 11:00
p.m. and 8:00 a.m. the following day, of a degree as to annoy or disturb
the quiet, comfort or repose of a reasonable person of normal sensitivities.
G.Â
The creation of any sound or noise from any device
known as a "sound truck" or motor vehicle containing an amplifying
system, whereby sounds, music or words are transmitted upon the public
streets or highways, or the sounding of any horn or other auditory
signaling device on or in any motor vehicle except to serve as a danger
warning.
H.Â
The operation of any self-propelled vehicle or boat
which creates a noise of a degree so as to annoy or disturb the quiet,
comfort or repose of a reasonable person of normal sensitivities,
except recreational use of a self-propelled vehicle or boat operated
between 11:00 a.m. and 5:00 p.m. on property five acres or more, within
750 feet of the adjacent property owners.
[Amended 12-20-2010 by L.L. No. 11-2010]
I.Â
Yelling or shouting at any time or place so as to
annoy or disturb the quiet, comfort or repose of a reasonable person
of normal sensitivities.
J.Â
Any other excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, except that the enumerated provisions of Subsections A through I of this section shall govern and regulate the actions and activities therein prohibited, and nothing contained in this subsection shall apply to those actions and activities set forth in Subsections A through I of this section.
The owner, tenant or person in charge of the
premises on which a violation under the provisions of this chapter
has been committed shall be deemed to have permitted such violation
on the subject premises and, as such, shall be guilty of such violation.
A.Â
Nothing contained in this chapter shall be construed
to prevent the production of music or the use of an amplifying system
in connection with any military, civic or authorized parade, religious
ceremony or at any school sponsored or municipally sponsored activities.
B.Â
The provisions of this chapter shall not apply to
the sounding of bells, horns or sirens or any other instruments by
a fire apparatus or station, police or any other vehicle or person
in the event of an emergency or other such condition or situation.
C.Â
The provisions of this chapter shall not apply to
sounds created by church bells or chimes.
The Town Board is hereby authorized, by resolution,
to suspend any of the provisions of this chapter in connection with
any holiday celebration or upon any occasion of special public interest,
for such time and upon such conditions as shall be prescribed by the
Town Board.
A.Â
Any person violating § 48-6A of this chapter shall be guilty of a violation punishable by a fine of not less than $25 and not more than $500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound projected is a residential dwelling.
B.Â
Any person violating § 48-6A of this chapter shall be guilty of a violation punishable by a fine of not less than $100 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound projected is other than a residential dwelling.
