(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 sensibilities residing in or occupying the area unless the making and continuing of such noise is necessary 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 declared to be noise nuisances in violation of this section and are unlawful:

       The playing or permitting or causing the playing of any radio, radio receiving set, television, phonograph, “boom box,” loudspeaker, drum, juke box, nickelodeon, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound when done in such a manner or with such volume, intensity or with continued duration so as to annoy, to distress or to disturb the quiet, comfort or repose of any person of reasonable sensibilities within the vicinity or hearing thereof. This subsection shall not apply to persons who have written authorization for an event which includes use of such a device, or to the police or public authorities who are using such a device in the performance of their duties.

(c)   It shall be a defense to charges filed hereunder that such noise levels did not exceed those set forth in Section 8-1203. Such measurements shall be taken in accordance with the provisions of Section 8-1202 pertaining to noise levels. It shall be the burden of the individual charged to present evidence of decibel readings obtained from properly calibrated testing equipment operated by an individual trained to operate such equipment. Such evidence shall be submitted to the city prosecutor no later than seven days prior to the trial date of any complaint. Failure to submit such evidence to the city prosecutor will waive any such defense.

(Ord. 1088-2020; Ord. 1089-2020; Code 2021)

For the purposes of determining and classifying any noise from a fixed, stationary source as loud, unusual or unnecessary as declared to be unlawful and prohibited by Section 8-1201(a), the following test measurements and requirements may be applied:

(a)   Noise occurring within the jurisdiction of the city shall be measured at a distance of at least twenty-five feet from a noise source if located within the public right-of-way, and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five feet from the property line of the property on which the noise source is located.

(b)  

(1)   The noise shall be measured on the “A” weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

(2)   For purposes of this section, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour, or twenty-five miles per hour with a wind screen.

(3)   In all sound level measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(Ord. 1088-2020; Code 2021)

(a)   A noise measured or registered as provided herein from any source not exempted by this chapter at a level which is equal to or in excess of the db(A) established for the time period and zones listed below or that exceeds the background level by five db(A), whichever is greater, is declared to be excessive, unusual, loud and unnecessary, for the purposes of Section 8-1201(a):

Background noise means noise from all sources other than that under specific consideration, including traffic operating on public thoroughfares, and is established by measuring the noise level over a fifteen-minute period of time.

(b)   For purposes of this section, the aforementioned zones shall be defined as follows:

(1)   “Residential” means an area of single or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple unit dwellings, high-rise apartment districts and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. “Residential” zone includes educational facilities, hospitals, nursing homes and similar institutions.

(2)   “Commercial” means an area where offices, clinics and the facilities needed to serve them are located; an area with local shopping and service establishments located within walking distances of the residents served; a tourist-oriented area where hotels, motels and gasoline stations are located; a large integrated regional shopping center; a business trip along a main street containing offices, retail businesses and commercial enterprises; a central business district; or a commercially dominated area with multiple unit dwellings.

(3)   “Light industrial” means an area containing clean and quiet research laboratories, an area containing light industrial activities which are clean and quiet; an area containing warehousing; or an area in which other activities are conducted where the general environment is free from concentrated industrial activity.

(4)   “Industrial” means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operation.

(5)   “Parks” means any public park, recreational facility or other property under the ownership, jurisdiction or control of the City of Park City.

(6)   Adjacent Zones. When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern.

(Ord. 1088-2020; Code 2021)

(a)   The following activities, so long as they are conducted in daytime hours as a normal function of a permitted use and the equipment is maintained in proper working condition, are excepted from the provisions of this chapter:

(1)   Lawn maintenance;

(2)   Repair of personal use vehicles.

(b)   The following activities, so long as they are conducted between the hours of 8 o’clock AM and 10 o’clock PM and on property designated and designed for such activities, are excepted from the provisions of this chapter:

(1)   Automobile racing;

(2)   Motorcycle racing;

(3)   The operation of an outdoor shooting range.

(c)   The discharge of fireworks so long as such discharge is done in compliance with the regulations contained in Chapter 7, Article 2 of the Municipal Code of the City of Park City, Kansas, is excepted from the provisions of this chapter.

(Ord. 1088-2020; Ord. 1089-2020; Code 2021)

To receive written authorization for the use of sound amplification equipment as permitted under 8-1201 (b), a person must complete and file an application for such authorization with the City on a form approved by the City. The applicant must provide the following information:

(a)   The type of proposed event or activity;

(b)   The number of participants for the proposed event or activity;

(c)   The location, including street address of the area to be utilized for the activity;

(d)   The date or dates and specific times for the activity;

(e)   The plans for sound control and sound amplification, including the number, location and power of amplifiers and speakers.

(f)    The name, address and phone number of the party responsible for the event.

(Ord. 1088-2020; Ord. 1089-2020; Code 2021)

(a)   In determining if written authorization should be granted as allowed by 8-1201(b) the following factors are to be considered by the City Administrator or his or her designee:

(1)   The volume of the noise;

(1)   The volume of the existing background noise, if any;

(1)   The zoning of the area within which the noise emanates, as well as where the noise can be heard;

(1)   The time of the day or night the noise occurs;

(1)   The duration of the noise.

(b)   No authorization may be issued for the use of sound amplifiers, loud-speakers or other similar devices between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday and the hours of 11:00 p.m. and 8:00 a.m. on Friday and Saturday.

(c)   No authorization may be issued for noise levels in excess of eighty (80) db(A).

(Ord. 1088-2020; Ord. 1089-2020; Code 2021)

Any person denied written authorization for the use of sound amplification devices shall have a right of appeal from the denial to the City Council by filing a written request therefor with the City Clerk. The notice of appeal must be filed with the City Clerk within ten days of the denial of such application and shall be heard at the next regularly scheduled City Council meeting.

(Ord. 1088-2020; Code 2021)

The provisions of this Article may be enforced by any member of the police department of the City of Park City, Kansas, including any Compliance Officer.

(Ord. 1088-2020; Code 2021)

Any person who violates any of the provisions of this article within the corporate limits of the city is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars or be imprisoned in jail for a period not to exceed six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. 1088-2020; Code 2021)