Article 10. Construction Noise Regulations

4-1001. Purpose and definitions.

The Governing Body finds and determines it is in the best interests of the public, and necessary to protect and preserve the unique residential quality and character of the community, to provide for regulations limiting adverse impacts of construction activity and related noise, and noise related nuisances within the City of Lake Quivira, through regulations providing for the reduction, control and prevention of unnecessary noise.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings indicated in this section.

(a) Construction means constructing, remodeling, repair, clearing, grading, demolition or excavation, of a structure, roof or related appurtenances. Construction includes the related site improvements to real property, clearing, grading, digging, utility installation, wall construction, and work related to the driveway or other improved surfaces of real property.

(b) Construction Equipment means any device or mechanical apparatus operated by fuel, electric, or pneumatic power, used or intended for Construction related purposes.

(c) Emergency Activity means utility repairs or Construction activities required to restore utility services, to restore property as reasonably necessary to protect public health and safety, or to protect persons or property from harmful exposure to weather.

(d) Permit Holder means the Person who applies for a building permit issued by the City of Lake Quivira.

(e) Person means any individual, association, or entity, including but not limited to, a firm, partnership, sole proprietorship, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, political subdivision, public or private agency of any kind, utility, or a successor or assign of any of the foregoing, and shall also mean the manager, lessee, agent, servant, officer or employee of any of foregoing.

(f) Plainly Audible means capable of being heard. To constitute Plainly Audible, it is not necessary to distinguish words or melodies, and it may consist of bass alone.

(g) Power Equipment shall mean any device rated at more than five (5) horsepower and used for Construction or related activities or exterior property maintenance, excluding snow removal equipment.

(h) Property Line means that real or imaginary line and its vertical extension which separates real property owned or controlled by any Person from contiguous real property owned or controlled by another Person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling-unit building, condominium, or townhouse complex shall not be considered property lines separating one premises from another.

(i) Roadway means any improved surface except a private driveway to an individual residence, intended to serve as a surface for vehicular travel, whether privately or publicly maintained.

(j) Routine Property Maintenance means routine repairs or periodic maintenance to existing structures or property, as necessary to maintain such structure or property in a presentable, neat and functional working condition.

(k) Vehicle means every device in, or upon which any Person or property is or may be transported on drawn upon a Roadway.