Noise Ordinance Research – construction noise

Noise Ordinance Research – construction noise REVISED

City	Code provisions	Time limits on construction noise	Link to City code	Comments/Notes
De Soto	Have adopted the Uniform Public Offense Code by the Kansas League of Municipalties.	No. No code provisions.	http://www.desotoks.us/Pages/citycode.htm	Construction noise not specifically exempted or mentioned in the code.
Kansas City, Missouri	Article 4, Section 46-193 exempts construction activities from noise code provisions found at Section 46-191.	No. Construction activity exempted	http://cityclerk.kcmo.org/ordinancesearch.aspx	Specific decibel limits adopted based on zoning designation, see Section 46-191 of the code with time limits.	Kansas City, Missouri Ordinance excepts
Lawrence	Ch. 14-415 (8) exempts construction activities from noise code provisions found at 14-413.	No. Construction activity exempted.	http://web.ci.lawrence.ks.us/legal_services/citycode/	Construction activities exempted from noise code provisions, see Section 14-415 (8)..
Leavenworth	Article 3 of the Code, Section 46-86 restricts construction activity to designated times.	Yes. Construction prohibited between 10pm-6am.	http://www.municode.com/resources/gateway.asp?pid=11145&sid=16	Exceptions in case of emergency – special permit must be obtained.
Leawood	No provisions relating to construction activity. Noise code provisions found at 11-205.	No. No code provisions.	http://www.leawood.org/query.asp
Lenexa	No specific code regulations governing noise and construction activity – see Article 3-9-E-3. Correction: See Article 4-1-C General Development Standards, Section 4-1-C-4	No. No code provisions. Prohibited between 7:00 PM and 7:00 AM	http://www.ci.lenexa.ks.us/legal/citycodes.html		City of Lenexa Code Provisions
Manhattan	Permitted or licensed activities exempted from noise provisions, see Article 5, Section 22-57.	No. No code provisions.	http://www.municode.com/resources/gateway.asp?pid=11213&sid=16	Zoning of the area a factor in noise code violations. Commercial or non-commercial activity.
Mission	Noise code provisions found at Article 6, Section 215.111.	Yes. Operators of equipment, tools, etc. cannot be audible more than 50 feet between the hours of 10pm – 7am. 8am on Sundays.	http://www.mission-ks.org/index.asp?ID=29	Construction noise not specifically exempted or mentioned in the code.	Excerpts from Mission Code
Olathe	Noise code provisions found at 6.18.010, et seq.	Yes. Construction activity cannot create a noise disturbance across residential property between 11pm-7am.	http://www.olatheks.org/Egov/Documents/municipalcode.cfm	Extensive noise code regulations. Certain decibel levels prohibited at all times in residential areas, see Section 6.18.040 of the code. Emergency use and variance procedures at 6.18.050. Power tools, garden tools, lawnmowers, etc. also covered, must not create a noise disturbance between 11pm – 7am.	6.18.040 Prohibited Acts
Overland Park	Section 7.08.002 adopts decibel limits by zoning category and by time designation.	Yes. Construction activity exempted from limitations between 7am-10pm.	http://www.opkansas.org/Codes_and_Ordinances/index.cfm	Specific decibel limits adopted based on zoning designation, see 7.08.002 of the code with time limits. Power tools, garden tools, lawnmowers, etc. also regulated.	Overland Park Ordinance
Shawnee	Amended Section 104.3 of the 2000 International Building Code.	Yes. No construction activity permitted between 10pm – 7am, M-F and 9pm – 8am, Sat. & Sun.	http://www.cityofshawnee.org/citymanager/municipalcode.htm	K. Amend by omitting Sec. 104.3 of the 2000 International Building Code, and to amend by adding in lieu thereof a new Section 104.3 to read: 104.3 Notices, orders and work hours. The building official, or his designated representatives, shall issue all necessary notices or orders to ensure compliance with this code. All work done under a valid building permit, which is audible at any property line, shall conform to this section. No work regulated by this section shall be done between 10:00 PM and 7:00 AM Monday through Friday, or between 9:00 PM and 8:00 AM Saturday through Sunday.
Topeka	Section 54-161 of the code allows construction activity between 7am and 7pm.	Yes. Construction activity allowed from 7am-7pm.	http://www.municode.com/resources/gateway.asp?pid=10317&sid=16	Several factors in determining noise code violations – see Sect. 54-147.
Wichita	Ch. 7.41.010 (7) Construction noise.	Yes. Construction activity exempted from 7am-10pm.	http://www.wichitagov.org/CityCode/Default.htm?code=1662	Exceptions in case of extreme necessity, public safety – special permit must be obtained. Specific decibel limits adopted based on zoning categories, see 7.41.030 of the code.	City of Wichita Excerpts

City Code (Wichita, Kansas)

Section 7.41.010 Loud and unnecessary noise prohibited.

(a) It is unlawful for any person to make, continue, or allow to be made or continued, any excessive, unnecessary, unusual or loud noise which creates a nuisance or injures or endangers the comfort, repose, health or safety of others, or which interferes with the use or enjoyment of property of any person of reasonable sensi bilities residing in or occupying the area unless the making and continuing of such noise is necessa ry for the protection and preservation of property or the health and safety of some individual.
(b) The following acts, which enumeration shall not be deemed to be exclusive, are hereby declar ed to be noise nuisances in violation of this section and are unlawful:

(7) Construction. The erection, including construction, excavat ion, demolition, alteration, or repair work, or the permitting or causing thereof, of any building o r other structure, or the operation or the permitting or causing the operation of any tools, or equi pment used in construction, excavation, drilling, demolition, alteration or repair work:
(i) Other than between the hours of seven a.m. and ten p.m.;
(ii) This subsection shall not apply in cases of extreme and urgent necessity in the interest of public safety and convenience, and then only by permit obtained from and issued by the director of public works, or any of the directo r's duly appointed assistants.
(8) Loading and Unloading. The creation of loud, excessiv e and unreasonable noise in connection with loading or unloading any vehicle, in the opening and des truction of bales, boxes, crates and containers or in the handling of ash, trash and garbage cans, e ither in the loading or unloading, or the creation by improper loading of excessive and unreasonable noise by the transportation of any materials over and along streets. (Ord. No. 41-918 § 1)

Kansas City Missouri

Sec. 46-2. Findings; general policy.

(a) The city council finds that:

(1) Excessive sound is a serious hazard to the public health, welfare and safety and the quality of life;

(2) A substantial body of science and technology exists by which excessive sound may be substantially abated; and

(3) The citizens of the city have a right to and should be ensured an environment free from excessive sound that may jeopardize their health or welfare or safety or degrade the quality of life.

(b) It is the policy of the city to prevent excessive sound which may jeopardize the health, welfare or safety of its citizens or degrade the quality of life.

Sec. 46-3. Definitions.

Construction means 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.

Sec. 46-121. Emergency exceptions.

The provisions of this chapter shall not apply to:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(2) The emission of sound in the performance of emergency work.

(Code of Gen. Ords. 1967, § 24.19; Ord. No. 53435, 4-7-82)

Sec. 46-123. Special variances.

(a) Authority of director of health. Upon the director's determination that a violation of section 46-4 or 46-5 has occurred and is likely to continue, the director shall have the authority, consistent with this section, to grant special variances which may be requested.

(b) Application; hearing. Any person seeking a special variance pursuant to this section shall file an application with the director of health. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the director containing information to support his claim. If the director finds that a sufficient controversy exists regarding an application, a public hearing may be held.

(c) Granting or denial. In determining whether to grant or deny the application, the director shall balance the hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the director may reasonably require. In granting or denying an application, the director shall place on public file a copy of the decision and the reasons for denying or granting the special variance.

(d) Conditions. Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit not to exceed 120 days, on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted.

(e) Extension of time limits. Applications for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under subsection (b) of this section.

(f) Procedural rules. The director may issue rules and regulations defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.

(Code of Gen. Ords. 1967, § 24.21; Ord. No. 53435, 4-7-82)

Sec. 46-124. Special permits.

(a) Authority of director of health. The director shall have the authority, consistent with this chapter, to grant special permits which may be requested by any person proposing to engage in any activity which the applicant believes will create a noise disturbance prohibited by this chapter.

(b) Application; hearing. Any person seeking a special permit pursuant to this section shall file an application with the director. The application shall contain information which demonstrates that compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Any individual who claims to be adversely affected by allowance of the special permit may file a statement with the director containing any information to support his claim. If the director finds that a sufficient controversy exists regarding an application, a public hearing may be held.

(c) Granting or denial. In determining whether to grant or deny the application, the director shall balance the hardship to the applicant, the community and other persons of not granting the special permit against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special permit. Applicants for special permits and persons contesting special permits may be required to submit any information the director may reasonably require. In granting or denying an application, the director shall place on public file a copy of the decision and the reasons for denying or granting the special permit.

(d) Conditions. A special permit shall be granted by notice to the applicant containing all necessary conditions on the permitted activity. The special permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special permit shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special permit was granted.

(e) Procedural rules. The director may issue rules and regulations defining the procedures to be followed in applying for a special permit and the criteria to be considered in deciding whether to grant a special permit.

(Code of Gen. Ords. 1967, § 24.22; Ord. No. 53435, 4-7-82)

Sec. 46-125. Appeals.

Appeals of an adverse decision of the director under this chapter shall be made to the air quality control board.

(Code of Gen. Ords. 1967, § 24.23; Ord. No. 53435, 4-7-82)

Sec. 46-126. Filing fees.

(a) The filing fee for application to the director of health for a special variance or special permit under this chapter shall be $50.00 per application.

(b) The filing fee for appeals to the air quality control board shall be $50.00.

(Code of Gen. Ords. 1967, § 24.24; Ord. No. 53435, 4-7-82; Ord. No. 000656, § 4, 5-25-00)

Sec. 46-193. Exceptions to article.

The provisions of this article shall not apply to:

(1) Activities covered by the following sections:

a. The definition of the term "construction" in section 46-3;

b. Section 46-5(1), pertaining to aircraft and airport operations;

c. Section 46-5(3), pertaining to domestic power tools;

d. Section 46-161, pertaining to operating sound limits for motor vehicles; and

e. Section 46-164, pertaining to refuse collection vehicles;

(2) The unamplified human voice; and

(3) Interstate railway locomotives and cars.

(Code of Gen. Ords. 1967, § 24.18; Ord. No. 53435, 4-7-82; Ord. No. 910609, § 4, 5-30-91)

City of Lenexa, Kansas

ARTICLE 4-1-C GENERAL DEVELOPMENT STANDARDS

Section 4-1-C-4 PERFORMANCE STANDARDS IN ALL DISTRICTS.

E. Noise:

1. Definitions: The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section unless otherwise defined in the text of the Section.

f. Noise Disturbance - includes both violations of performance standards established in Section 4-1-C-4-E-2 and violations of the prima facie noise standards established in Section 4-1-C-4-E-3.

2. Performance Standards. It shall be unlawful to make or cause to be made sound or noise in excess of the noise performance standards established in this Section. A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below:

Area 7:00 a.m. - 7:00 p.m. 7:00 p.m. - 7:00 a.m.

Residential 70 dB(A) 55 dB(A)

Commercial 65 dB(A) 60 dB(A)

Industrial 70 dB(A) 65 dB(A)

3. Prima Facie Violations. It shall be unlawful to conduct or allow to be conducted any of the following noise-producing activities so as to cause a sound plainly audible across any property boundary line in a residential area during specified times. The fact that the noise is plainly audible across a property boundary line constitutes prima facie evidence of a violation of this Section.

a. A sound resulting from the erecting, constructing, excavating, demolishing, altering, or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2. Note, this is a positive exemption for construction.

b. The repairing, rebuilding, or modifying of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.

f. The creation of noise in connection with loading or unloading any vehicle, in the opening and destruction of bales, boxes, crates and containers, or in the handling, loading or unloading of trash, recyclable material, or solid waste in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 7:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 7:00 p.m., sounds resulting from these activities shall not be subject to the time, area, and dB(A) limits set forth in Section 4-1-C-4-E-2.

g. The creation of noise or sound by any source, unless exempted under Section 4-1-C-4-E-7, that is offensive or distracting to any reasonable person of normal auditory sensitivity while attending any school, institution of learning, or church, while that institution is in use.

7. Exemptions. The following shall not be considered to be noise disturbances for purposes of this Section:

a. Sound from law enforcement motor vehicles and other emergency motor vehicles, including, but not limited to, snow-clearing equipment.

b. Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies, or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened.

c. Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit that specifically allows the sound from any department, board, or commission of the City authorized to issue a license or permit.

d. Sound from the operation of emergency generators used in emergency situations when electricity from the grid is unavailable.

4. Minimum Evidentiary Requirements for Prima Facie Noise Violations. The demonstration of aprima facie noise violation under Section 4-1-C-4-E-3 shall be based on any combination of the following evidence:

a. Auditory confirmation by the Community Standards Officer of the noise at issue, or a similar noise from the same source, and a follow-up written report identifying the source, the property owner and/or tenant causing and/or allowing the noise, the type of noise, the distance at which the noise was plainly audible, and any other relevant information;

b. A written statement from the complainant (if involved) concerning the noise at issue;

c. An audio recording by the complainant (if involved) of the noise at issue, or

d. A video recording or photograph by the complainant (if involved) of the noise-producing source or action at issue.

5. Authority to Commence an Enforcement Action.

a. The Community Standards Officer has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or 4-1-C-4-E-3 in a situation involving a sound plainly audible across any property boundary line other than that of the sound source.

b. A complainant has authority to commence an enforcement action for an alleged violation of Section 4-1-C-4-E-2 or 4-1-C-4-E-3 only in a situation involving a sound plainly audible across the complainant's property boundary line.

c. Enforcement actions shall be executed in accordance with the property use and maintenance code enforcement process set forth in Article 3-5-H.

6. Unlawful to Allow a Noise Disturbance; Responsibility for Abatement.

a. It is unlawful for any property owner or tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a noise disturbance as defined in Section 4-1-C-4-E-2 or 4-1-C-4-E-3 of this Section on said property.

b. The property owner, tenant, or other such person with control, occupancy, or possession of property, shall be responsible for abatement of noise disturbances occurrring on that property and failure to do so shall be a violation of this Section.

Mission, Kansas

SECTION 215.111: DISTURBING THE PEACE

A. It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Mission.

D. Prima Facie Violation. The operator of any tool, equipment, vehicle, electronic device, set, instrument, television, phonograph, machine or other noise- or sound-producing device, at any time in such a manner as to be plainly audible at any adjacent property line, or for fifty (50) or more feet in the case of a multiple-family dwelling, between the hours of 10:00 P.M. and 7:00 A.M. (except on Sundays, when such time shall be 8:00 A.M.) shall be prima facie evidence of a violation of this Section.

E. Exemptions. Sounds emanating from the following shall be exempt from the provisions of (A) through (D) above:

1. Emergency vehicles;

2. Public safety vehicles;

3. Emergency activities of the Fire or Police Department;

4. Emergency activities of any utility company; and

5. Public works vehicles and activities.

City of Olathe, Kansas

6.18.040 Prohibited Acts

(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.)

Overland Park, Kansas

Noise Ordinance

The city's noise ordinance was implemented in 2001 after communication and feedback from residents and the community.

For residential property, the noise level may not exceed 60 decibels between 7 a.m. and 10 p.m. and 55 decibels between 10 p.m. and 7 a.m.

7.08.002 Unlawful to Cause a Noise Disturbance.

It shall be unlawful to make or cause to be made a Noise Disturbance within the City. A Noise Disturbance shall include any or all of the following:

A A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below.

AREA

Residential

7:00 a.m. – 10:00 p.m. 60 dB(A)

10:00 p.m. – 7:00 a.m. 55 dB(A)

Commercial

7:00 a.m. – 10:00 p.m. 65 dB(A)

10:00 p.m. – 7:00 a.m. 60 dB(A)

Industrial

7:00 a.m. – 10:00 p.m. 70 dB(A)

10:00 p.m. – 7:00 a.m. 65 dB(A)

B. The owning, keeping or harboring of any animal that continuously, repeatedly, or persistently for thirty (30) minutes or more, without provocation by the complainant, creates a sound which is Plainly Audible across any property boundary line.

C. A sound resulting from the erecting, constructing, excavating, demolishing, altering or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.

D. The repairing, rebuilding, modifying or stationary testing of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.

E. The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any Sound Amplification or Producing Device or Similar Equipment is creating a sound that is Plainly Audible at least fifty (50) feet from the source of the sound.* A violation of this subsection shall be a traffic offense.

F. The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in Residential Areas in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.

G. The operating, playing, permitting or causing to be operated or played any Sound Amplification or Producing Device or Similar Equipment in a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Between the hours of 6:00 a.m. and 12:00 a.m. (midnight), this activity is subject to the area and dB(A) limits set forth in subsection A above.

*As to vehicle equipment and maintenance and prevention of excessive or unusual noise therefrom, see OPMC 12.04.175(a).

(History: Ord. NOI-2373 §1, 2002; NOI-2287, §2, 2001)

7.08.03 Unlawful to Allow a Noise Disturbance; Responsibility for Abatement

A. It is unlawful for any Property Owner or Tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a Noise Disturbance as defined in subsections A through G of Overland Park Municipal Code Section 7.08.002 on said property

B. The Property Owner, Tenant or other such person with control, occupancy, or possession of property, shall be responsible for abatement of Noise Disturbances occurring on that property and failure to do so shall be a violation of this section.

7.08.004 Exemptions.

The following shall not be considered to be Noise Disturbances for purposes of this ordinance

A. Sound from law enforcement motor vehicles and other Emergency Motor Vehicles including, but not limited to, snow-clearing equipment.

B. Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities engaged in preparing for or remedying a potentially hazardous situation.

C. ,Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit which specifically allows sound levels in excess of those set forth in this ordinance from any department, board or commission of the City authorized to issue such license or permit.

D. Sound Sound originating from private property, provided that such property was annexed into the City by Ordinance No. A-2367.