For purposes of this Article, the following words and phrases are herein defined:

(a)   “A-Weighted Sound Pressure Level”:  A-Weighted sound pressure level as measured with the A-weighting network of a sound level meter. The unit of measurements is dB(A).

(b)   “Ambient Noise Level”: The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources.

(c)   “Boundary”:  The line of demarcation which separates the real property owned by one person from that owned by another person.

(d)   “Land Use Category”: Shall be as defined within the City of Andover Zoning Regulations.

(e)   “Daytime Hours”: 7:00 o'clock A.M. to 10:00 P.M. prevailing local time.

(f)    “Discrete Time”: A noise measured on a one-third octave band analyzer which is 10 decibels greater than each of the adjacent one-third octave bands.

(g)   “Emergency Work”: Work necessary to restore property to a safe condition following a public calamity, or work required to protect person or property from an imminent exposure to danger.

(h)   “Emergency Signal Equipment”: Any gong, siren, whistle or any air horn or similar device when used on any vehicle designated as an emergency vehicle by ordinance or by Kansas Statute, or used in connection with an emergency warning system or used in connection with a warning system intended to produce a sound signal upon unauthorized entrance by a person into a building or motor vehicle.

(i)    “Impulsive Noise”: A noise, containing  excursions usually of  no  more than one second,  the A-weighted sound pressure level  of  which  exceeds  the ambient noise level by  more  than  20  dB(A),  when  measured  by the fast meter characteristic of  a sound level meter.

(j)    “Motor Vehicle”: Any self-propelled vehicle not operated exclusively on rails.

(k)   “Nighttime Hours”: 10:00 o'clock P.M. to 7:00 o'clock A.M., prevailing local time.

(l)    “Perception Threshold”: The minimum vibrational motion necessary to cause awareness of the existence of the vibration by direct means, including but not limited to, sensation by touch or visual observations.  Any vibration which produces more than 0.05 inch/second Root Mean Square vertical velocity shall be deemed sufficient to cause the awareness of the existence of the vibration by direct means.

(m)  “Period of Measurement”:   Any continuous sixty minute period during which observations of stationary noise sources are made and measurements of noise levels are taken.

(n)   “Person”: Any human being, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owner, or operator and shall include any municipal corporation or its officers or employees.

(o)   “Sound”: An audible oscillation of pressure in air.

(p)   “Sound Pressure Level”: Twenty times the logarithm to the base 10 of the ratio of the Root Mean Square pressure of a sound to the standard reference pressure which is 20 micro Pascals. The unit of measurement is decibel (dB).

(q)   “Stationary Noise Source”: Any equipment, motor vehicle, aircraft, or facility, fixed or movable, capable of emitting audible sound including the amplification of voice or music.

(r)    “Vehicular Way”: A paved or unpaved area used by motor vehicles including, but not limited to roads, streets, highways, alleys, and parking lots.

(s)   “Vibration”:  A spatial oscillation of displacement, velocity or acceleration in a solid material.

(Ord. 506, Sec. 1)

In order to enhance the public health and prevent the entrance of noise pollution and excessive vibrations into the atmosphere and environment of the City of Andover which will tend to interfere with the health and welfare of the citizens of Andover, the provisions of this Code shall be in effect in the City of Andover.

(Ord. 506, Sec. 2)

(a)   No person shall operate or permit to be operated any stationery noise source which emits noise in such a manner that the level of the noise emitted, when measured at any point outside the boundary of the property upon which the stationary noise source is located using the slow meter characteristic and the A-weighting network of the sound level meter, exceeds the levels set forth in Table 1 below.  When the noise emitted is measured upon property which is located in a different land use category than the property upon which the stationary noise source is located, the levels applicable to the property where the noise emitted is measured shall be used to determine if a violation exists.  If more than one use exists on the property where the noise emitted is measured such that more than one land use category would be applicable to the property, then the levels set forth in the least restrictive applicable land use category of Table I shall be used to determine if a violation exists.

(b)   If the stationary noise source emits noise containing a discrete tone, the permissible levels shall be 5dB lower than the applicable levels of Table I.

(c)   If the stationary noise source emits impulsive noise, the levels of Table I shall be lowered by 5 dB. A violation of this Code shall exist if the level of the impulsive noise emitted exceeds the applicable levels of Table I, as modified by this Subsection, when the measurement is made using the fast meter characteristic and the A-weighting network of the sound level meter.

(d)   In the event the stationary noise source emits impulsive noise containing a discrete tone, the modifications of Table I set forth in subsections (b) and (c) herein shall be cumulative.

(Ord. 506, Sec. 3)

To the extent provided in this section, the provisions of this Ordinance shall not apply to:

(a)   The operation of construction devices, with sound control devices equivalent to or better than the original equipment, used in construction activities during daytime hours;

(b)   The repair, maintenance, or construction of public facilities of the State, County, or municipal governments, or such public or quasi-public municipal corporations as may be established under the constitution or laws of the State of Kansas;

(c)   Emergency work to repair or maintain utility facilities;

(d)   The operation of motor vehicles on a vehicular way with sound control devices equivalent to or better than the original equipment;

(e)   The operation of railway equipment and vehicles operated exclusively on rails;

(f)    The necessary operation of emergency signal equipment;

(g)   The operation of lawn care maintenance equipment with sound control devices equivalent to or better than original equipment from 7:00 A.M. to 10:00 P.M. daytime hours.

(h)   The use of fireworks as authorized and regulated by law and City ordinance. 

(i)    Sound amplified through speakers during events approved by the City of Andover.

(Ord. 506, Sec. 4; Ord. 1703)

Enforcement of this Ordinance will be the responsibility of the public officer of the City of Andover. Whenever the public officer determines that a violation of any provision of this ordinance exists, he shall order that the person or persons desist forthwith.  Failure to comply with such order shall be deemed a separate and distinct violation of this ordinance, and at the election of the public officer shall constitute good and sufficient grounds to file a complaint to the Municipal Court of the City of Andover, and to take reasonable steps to abate the cause of such noise.

(Ord. 506, Sec. 5)

(a)   The Board of Zoning Appeals may grant individual variances beyond the sound level limitations prescribed in this ordinance wherever it finds, upon presentation of adequate proof, that compliance with any provision of this Code will result in an arbitrary and unreasonable taking of property or in the practical closing and elimination of any lawful business occupation or activity, in either case without sufficient corresponding benefit or advantage to the people, except that no variance will permit the continuance of a health hazard; and except, also, that any variance so granted shall not be construed as to relieve the person who received the variance from any liability imposed by other law for the commission or maintenance of a nuisance.

(b)   In determining under what conditions and to what extent a variance may be granted, the Board shall exercise the advantages and disadvantages to the applicant and to those affected by the noise and vibrations emitted by the applicant

(c)   Variances shall be granted for such periods of time and under such terms and conditions as shall be specified by the Board in its order.  The variance may be extended by affirmative action of the Board.

(d)   Any person seeking a variance shall do so by filing a petition for variance with the Zoning Administrator.  The Zoning Administrator shall promptly investigate the petition and make written recommendation to the Board as to the disposition thereof.  Upon receiving the recommendation of the Zoning Administrator, the Board shall hold a public hearing in accordance with the procedures set forth for zoning variance applications.

(e)   Seventy Dollars ($70.00) shall accompany each request for variance which shall be paid to the City of Andover.

(Ord. 504, Sec. 6)

The public officer, upon presentation of proper credentials, may enter at all reasonable times, upon any private or public property for the purpose of inspecting and investigating any condition or equipment he shall have cause to believe to be a source of noise exceeding the maximum level permitted by the provisions of this ordinance.  If entry is refused, the public officer shall notify the City Attorney of such fact and request that a warrant to search the premises believed to be in violation be obtained from the appropriate Magistrate.

(a)   Any person convicted of violating any provision of this Code shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) or by imprisonment in the County Jail for a term not to exceed one (1) year or both such fine and imprisonment.

(b)   The City Attorney shall be empowered to seek equitable relief in the District Court to require the person in violation of the provisions of this Code to comply with the standards set forth in this Code.

(c)   Each day upon which any violation of this Code takes place shall constitute a separate offense.

(Ord. 506, Sec. 8)