Memorandum
	To:	David Corliss, Assistant City Manager
	From:	R. Scott Wagner, Legal Assistant
	Date:	April 12, 2005
	Re:	Noise Code Research – Lenexa

 

In the April 7 memo on noise code provisions, the chart attached to the report noted only the Lenexa code provisions from Title 3 of the code regarding public offenses, Section 3-9-E-3 – Disturbing the Peace.  Additional research has found code provisions regarding construction activity in Title 4 of the Lenexa code which contains their Unified Development Code.  Chapter 4-1 of Title 4, Zoning, Section 4-1-C-4, Performance Standards in ALL Districts, contains specific decibel limits, based upon zoning category and time limitations.

 

Section 4-1-C-4, subsection 2 and 3 are below.  It is noted that construction type activity is exempted from the decibel limits between the hours of 7:00 a.m. and 7:00 p.m. – see 3 (a).

 

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.

 

(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.

 

(c.)  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.  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.