§ 7.41.030. Excessive noise levels.  


Latest version.
  • (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 7.41.010:

    Zone 8:00 a.m.
    to next
    10:00 p.m.
    10:00 p.m.
    to next
    8:00 a.m.
    Residential 55 db(A) 50 db(A)
    Commercial 60 db(A) 55 db(A)
    Light industrial 70 db(A) 65 db(A)
    Industrial 80 db(A) 75 db(A)
    Parks 60 db(A) 55 db(A)
    Old Town district as set forth in subsection (b)

     

    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)

    The noise levels for subsection (a) of this section shall be modified for the Old Town district as follows:

    (1)

    Noise levels may exceed background levels by five db(A) to a maximum of eighty db(A).

    (2)

    Noise levels shall be measured from the outside property line when measurements are being made of an activity on a property other than streets or public right-of-way.

    (3)

    Noise levels under this section may be increased or waived for specific special events when approved in advance by the city manager under procedures adopted by the city council.

    (c)

    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)

    "Old Town district" means the Old Town overlay district as defined in the zoning code.

    (6)

    "Parks" means any public park, recreational facility or other property under the ownership, jurisdiction or control of the Board of Park Commissioners of the City of Wichita or the City of Wichita.

    (7)

    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. No. 44-294 § 1; Ord. No. 47-030, § 1, 5-16-06)