Memorandum

 

To:

Mike Wildgen, City Manager

 

From:

R. Scott Wagner, Legal Assistant and David Corliss, Assistant City Manager

 

Date:

April 7, 2005

 

Re:

Noise Code Research – selected Cities

 

Mayor Rundle requested a staff memorandum concerning community noise ordinances, exceptions related to noise from construction activities, and hours for such exceptions.  Attached is a chart summarizing code provisions from selected area cities regarding noise and construction activity.  Currently, the City of Lawrence exempts construction operation from the noise code, see 14-415 (8) below.

 

CHAPTER XIV.  PUBLIC OFFENSES

 

Article 4.          Offenses Against Peace and Good Order

 

14-413              EXCESSIVE NOISE CONSTITUTING DISTURBANCE OF PEACE.

Statement of Intent.  No provision of Sections 14-413 and 14-414 shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions.  It is the purpose of this ordinance to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.  (Ord. 6088)

 

14-414              SAME.  Disturbing the Peace.

 

(A)        It shall be unlawful for any person to make, continue, maintain or cause to be made or continue any excessive, unreasonable or unusually loud noise which disturbs, injures, endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.

 

(B)        It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.

 

(C)        No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.  A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this ordinance; provided; however, owners or tenants are not required to leave their own dwelling unit.  Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this ordinance.

 

(D)        For the purposes of this ordinance, the term "neighboring inhabitants" includes those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise.  (Ord. 6088)

 

14-415              EXEMPTIONS. 

The requirements of Sections 14-413 et seq. shall not apply to the following, provided that all equipment is in repair and operated properly:

 

(1)        Emergency work necessary to restore property to a safe condition or to protect a person and property from emi­nent danger;

 

(2)        Emergency vehicles;

 

(3)        Alarm systems;

 

(4)        Trash and waste pickup operations;

 

(5)        Aircraft or railroads;

 

(6)        Noise resulting from the activities of a temporary du­ration planned by school/university, governmental or community groups;

 

(7)        Air conditioners and lawn care equipment;

 

(8)        Construction operations; and

 

(9)        Church bells and campanile chimes.  (Ord. 6088)

 

14-416              No Violation of Disturbing the Peace if Violation of Loud Sound Amplification System Ordinance.    

The provisions of 14-413 through 14-415 shall not apply to violations of the prohibition against the operation of loud sound amplification systems from within or upon vehicles as established in Section 17-116.  (Ord. 7056)

 

 

Issues to consider:

 

Time period for construction activity.  Several of the surrounding communities have adopted time limits on when construction activity is allowed.  Generally, work is permitted between the hours of 7 a.m. and either 7 p.m., or 10 p.m. or 11 p.m.

 

Emergency exceptions.  Some codes contain emergency exceptions and/or permitting requirements for emergency situations, e.g. – emergency utility or road repair work, etc.  City staff views such an exception as appropriate for these types of emergency situations.

 

Night time operation preferences.  Some City construction projects have been scheduled for night time hours.  For example, last years’ KLINK overlay project on 6th Street involved use of night time operations for much of the milling/overlay activity.   This was viewed as desirable in response to traffic conditions and weighing the temporary inconvenience of night time construction noise/road closures with the inconveniences associated with milling/overlay during day time hours.   Additionally, some private contractor work may be necessitated during night time hours.  City staff has not solicited the views of the construction industry concerning this issue.