Ordinance tentatively approved

By KENNETH HART - The Independent

ASHLAND October 05, 2008 11:39 pm

— The Ashland Board of City Commissioners last week approved first reading of a new noise abatement ordinance.
The measure, which replaces one passed in 2000, was revised to specifically address two noise sources that officials say have been major sources of complaints — car stereos and loud exhaust pipes on cars and on motorcycles.
A number of those complaints have come from people who live around Central Park and in various residential neighborhoods throughout the city, Presiding Commissioner Kevin Gunderson said.
City Attorney Richard “Sonny” Martin said the measure was crafted by piecing together portions of noise ordinances from about a half-dozen other communities.
“It’s not a Draconian deal,” he said. “It’s just a situation where we’re just trying to address a valid concern of our citizens.”
The ordinance specifies a fine of $25 for violations, payable to the city cashier, in the same manner as a parking ticket. Failure to make payment within 30 days will result in the violator being cited to Boyd District Court.
The measure also permits police officers to issue orders of abatement, as opposed to citations. Under that scenario, the operator of a vehicle with loud pipes could avoid paying a fine by installing quieter ones. Failure to comply with an abatement order would result in the issuance of a citation.
Regarding loud exhausts, the ordinance references Kentucky Revised Statutes 189.140, which states:
“No person shall modify the exhaust system of a motor vehicle or an off-highway vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle.”
While there are already laws covering loud exhaust systems on the books, police Chief Rob Ratliff said his department would “step up enforcement action” on those vehicles once the new noise ordinance goes into effect.
He acknowledged that it was “not going to be a popular thing to do.” However, such vehicles do create a “noise disturbance,” he said.
The ordinance defines unreasonably loud, harsh or excessive noise as any noise plainly audible at a distance of 50 feet from its point of origin. Standards to be used in determining whether a violation has occurred include volume and intensity of the noise, proximity of the noise to a residential area, time of day the noise occurs and whether the noise is “recurring, intermittent or constant.”
Exemptions to the measure include noises from safety signals and warning devices, emergency vehicles, religious activities and public recreational facilities, school-related programs and events, parades and snow-removal and street-sweeping equipment.
The ordinance requires a second reading and publication before it becomes effective. Second reading will take place at the commission’s next regular meeting, which is scheduled for 7 p.m. Oct. 16.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.