3-22-19 M2U00409 Sec. 17-8. - Noise control.
Unlawful noises prohibited; exceptions; special variances; penalties:
(a) Unlawful noises prohibited; It shall be unlawful for any person to make, cause to be made, continue or permit any excessive or unreasonably loud noise or any other raucous sound, considering the time, date, place and nature of such noise or sound, that annoys, disturbs, injures, or endangers, the comfort, health, peace, safety, or repose of other persons of ordinary sensibilities, in any residential zone within the city.
(b) Unlawful noises emanating from motor vehicles on public right-of-way: No person operating or occupying a motor vehicle on any publicly owned property, park, right-of-way, easement, alley, off-street parking lot, or any other area to which the public has access, shall play, use, operate, or permit to be played, used, or operated, any radio, tape player, cassette player, compact disk player, loud speaker, sound amplification system, or other device designed to generate, amplify, and/or reproduce sound, from within the motor vehicle in such manner that the sound is plainly audible by another human being at a distance of fifty (50) feet from the device producing the sound. For the purpose of this prohibition, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty (50) or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation.
eny a special variance.
(e) Penalties: Any person who violates any provisions of this section shall be guilty of a violation and upon conviction thereof, shall be punished by a fine not to exceed two hundred fifty dollars ($250.00). Each such violation shall constitute a separate offense.
Sec. 17-13. - Harassment, etc. with laser device unlawful.
(1) Definitions: As used in this section, the following definition shall apply:
Laser device: The term "laser device" shall mean any of several devices that convert incident electromagnetic radiation of mixed frequencies to one or more discrete frequencies of highly amplified and coherent visible radiation; as well as any other such device operating on the principles of Light Amplification by Simulated Emissions of Radiation.
(2) Prohibited uses: It shall be unlawful for any person to focus, point, or shine a laser device directly or indirectly into the eye(s) or onto the body of another person, animal, or toward any occupied motor vehicle, with the intent to harass, annoy, distract, intimidate, alarm, or injure such person, animal or occupant of a motor vehicle.
(3) Possession and Other Uses Not Prohibited: Nothing herein shall prohibit any person from owning, purchasing, possessing or using any laser device for any lawful purpose.
(4) Fines/Civil Penalties: Any person found to be in violation of subsection (2) above shall be punished by a fine not to exceed one hundred dollars ($100.00) for each offense. As an alternative to, or in conjunction with the penalties set forth herein, any person found to be in violation of this section may also be assessed a civil penalty not to exceed one hundred dollars ($100.00), payable to the City of Owensboro, Kentucky, within twenty (20) days of the issuance of the citation. Civil penalties not paid within the time prescribed herein may be recovered by the city in a civil action, in the same manner provided for the collection of a civil debt.
(Ord. No. 19-99, §§ 1—4, 5-18-99)
ALSO:
Code Section
Kentucky Revised Statute section 525.060: Second-Degree Disorderly Conduct
What's Prohibited?
Intentionally causing public inconvenience, annoyance, alarm, or wantonly creating a risk thereof in public while:
Engaging in fighting, or violent, tumultuous, or threatening behavior,
Making unreasonable noise,
Refusing to obey an official order to disperse during a fire, hazard, or other emergency, or
Creating a hazardous or physically offensive condition without any legitimate purpose
Penalties
Class B misdemeanor.
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