CRITTENDEN COUNTY NOISE ORDINANCE
WHEREAS, the County desires to promote the general welfare of its citizens,
to protect the health, safety, and welfare of its citizens, and insure the
harmonious, orderly, efficient growth and development of the County;
WHEREFORE, the County hereby enacts this ordinance as is necessary and
proper to provide for the safety, preserve the health, promote the
prosperity and improve the order, comfort and convenience of the County and
its inhabitants.
JURISDICTION: This ordinance shall apply to all unincorporated areas of the
County, except where the County's jurisdiction is pre-empted by Federal or
State law. Nothing in this ordinance shall be construed to supersede or
contravene the authority which the state or federal governments or their
agencies have with respect to the management, protection and utilization of
the lands and resources under their jurisdiction.
DEFINITIONS: The following definitions shall apply to the terms used in
this ordinance. Terms not defined in this ordinance shall be used in their
ordinary sense:
Agriculture shall mean the operation of farm premises, including the
planting, cultivation, producing, growing, harvesting, and preparation for
market of agricultural or horticultural commodities thereon, the raising of
livestock for food products and for racing purposes, and poultry thereon,
and any work performed as an incident to or in conjunction with the farm
operations.
Person means any individual, partnership, including a registered limited
liability partnership, limited partnership, limited liability company, firm,
association, trust, joint venture, corporation, limited liability company,
or legal representative thereof.
Temporary means in operation for a period of 30 days or less.
Limited means in operation only during daytime hours.
PROHIBITION: No person shall operate or permit to be operated any engine,
motor, compressor or other mechanized equipment which continuously produces
a sound level greater than:
a. Seventy (70) decibels using the "A" weighting filter" ("dB(a)") when
measured at a distance of three hundred feet (300') from the operating
engine, motor or equipment in question during the daytime hours;
b. Fifty (50) decibels using the "A" weighting filter" ("dB(a)") when
measured at a distance of three hundred feet (300') from the operating
engine, motor or equipment in question when operating during the nighttime
hours; or
c. Fifty (50) dB(a) when measured to the nearest residence, public
building, or human occupied building from the operating engine, motor or
equipment in question.
Sound level measurements shall conform to the following guidelines:
a. Sound level meters shall conform, at a minimum to the requirements of
the American National Standards Institute.
b. Sound level measurements shall be taken four feet (4') above ground
level.
c. Sound levels shall be determined by averaging minute by minute
measurements made over minimum fifteen (15) minute sample duration, if
practicable. The sample shall be taken under conditions that are
representative of the noise experienced by the complainant (e.g. at night,
morning, evening, or during special weather conditions).
d. In all sound level measurements, the existing ambient noise level from
all other sources in the encompassing environment at the time and place of
such sound level measurement shall be considered to determine the
contribution to the sound level by the operation of the subject equipment.
SPECIAL LIMITED EXEMPTION: Any person may make written petition to the
Fiscal Court for a special limited exemption for operations exceeding the
prohibited decibel levels.
MITIGATION PLAN: Any operation which exceeds the sound level referenced
above may be mitigated by one or more of the following noise abatement
measures, listed below in ascending order of mitigation:
a. Acoustically insulated housing or covers enclosing any motor or engine;
b. Screening of the site or noise emitting equipment by fence or
landscaping; and
c. Solid wall or fence of acoustically insulating material surrounding all
or part of the engine, motor or motorized equipment.
EXCEPTIONS: This ordinance shall not apply to the following:
a. Noise created during agricultural operations; and
b. Noise resulting from the temporary or limited operation of an engine,
motor or motorized equipment.
PENALTY: Any person in violation of this ordinance shall be notified by
written notice served upon them by the Sheriff and shall have 30 days from
the date of service of that notice to file with the Office of the Judge
Executive a written plan to mitigate the noise consistent with the
mitigation elements detailed above. The Office of the Judge Executive shall
then have 30 days from the date of the submission of the plan to respond by
either accepting the plan or by requesting additional mitigation measures.
Said response shall also advise the offender of the date on which the
accepted plan must be implemented to avoid imposition of penalties.
Any person who fails to timely submit a mitigation plan to the Office of the
Judge Executive or who fails to timely implement the accepted plan of
mitigation shall be subject to a fine of $500 for each day the violation
continues.
Introduced, publicly read, and approved on the first reading by the
Crittenden County Fiscal Court on the 18th day of December, 2007.
Publicly read and adopted by the Crittenden County Fiscal Court on this 15th
day of January, 2008.
CRITTENDEN COUNTY, KENTUCKY
FRED BROWN, JUDGE EXECUTIVE
ATTEST:
CAROLYN BYFORD: CRITTENDEN COUNTY COURT CLERK