AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BOURBON COUNTY, KANSAS, REGULATING UNREASONABLE, EXCESSIVE, AND DISTURBING NOISE WITHIN THE COUNTY, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
Article I — Purpose and Authority
Whereas public health, safety, comfort, and welfare are best served by reasonable regulation of loud, unnecessary, or unusual noises, the Board of County Commissioners of Bourbon County, Kansas, by authority granted under K.S.A. 19-101a and other applicable laws, does hereby adopt this Noise Ordinance.
Article II — Definitions
- Noise means any sound that is loud, discordant, or unnatural to the surroundings and which endangers or injures the public health or welfare, or disturbs the reasonable peace, comfort, or repose of persons.
- Residential property means any property upon which a dwelling unit is located.
- Plainly audible means a sound that can be heard by an unaided human ear at a distance of seventy-five (75) feet from the source.
- Stationary source means any sound-producing device which is not mobile, including mechanical devices, fixed engines, or equipment.
- Motor vehicle means any vehicle intended for highway use, including automobiles, trucks, and motorcycles.
Article III — Prohibited Acts
- It shall be unlawful for any person to make, continue, cause, or permit to be made or continued any loud, unnecessary, unusual, or unnatural noise which either:
a. Annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others; or
b. Interferes with the comfortable enjoyment of life or property by a person of reasonable sensibilities.
- Between the hours of 10:00 p.m. and 7:00 a.m., it shall be unlawful to cause any noise which is plainly audible at a distance of seventy-five (75) feet or more from the source on any residential property.
- No person shall operate or permit to be operated any motor vehicle or sound amplification system in a motor vehicle so as to make or cause to be made any sound which is plainly audible at a distance of fifty (50) feet or more from the motor vehicle.
- Stationary sources shall not emit sound that exceeds the maximum permissible levels below when measured at the boundary of another property:
| Zoning/Use District | Daytime (7 a.m.–10 p.m.) | Nighttime (10 p.m.–7 a.m.) |
| Residential | 60 dB(A) | 50 dB(A) |
| Agricultural/Rural | 65 dB(A) | 55 dB(A) |
| Commercial/Industrial | 70 dB(A) | 60 dB(A) |
Article IV — Specific Prohibitions
The following acts are declared to be violations of this ordinance, but this list is not exclusive:
- Operating outdoor power equipment, lawn tools, or machinery between 10:00 p.m. and 7:00 a.m..
- Discharging the exhaust of any engine or device except through a muffler designed to prevent loud or explosive noise.
- Operating a vehicle or machinery in such a manner as to create unnecessary grating, grinding, or rattling sounds.
- Operating amplified music or loudspeakers at a volume plainly audible at or beyond the property boundary.
Article V — Exceptions
This ordinance shall not apply to:
- Emergency vehicles and public safety operations during emergencies.
- Activities authorized by county permit (special events, parades, etc.).
- Normal farm and agricultural operations consistent with accepted practices.
- Construction or maintenance activities conducted between 7:00 a.m. and 9:00 p.m., provided reasonable noise control is observed.
Article VI — Enforcement and Penalties
- Enforcement shall be by the Bourbon County Sheriff or authorized designee.
- Violations may result in a Notice of Violation, citation, or both.
- Any person convicted shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00), imprisonment in the county jail for not more than thirty (30) days, or both.
- Each day of violation constitutes a separate offense.
- The county may seek abatement or injunctive relief to stop continued violations.
Article VII — Severability
If any portion of this ordinance is held invalid, the remainder shall remain in full force and effect.
Article VIII — Effective Date
This ordinance shall take effect and be in force after publication once in the official county newspaper, as provided by law.
Is there a noise problem in Bourbon County? This is why people move away and the smart ones never come back. Who is the karen/chad who wrote or brought forth this asinine ordinance?
I see that this ordinance does not call out fireworks on unregulated dates. Fireworks obviously fall under several guidelines called out above; however, it is not spelled out specifically. I would like to think that fireworks, other than specific dates set aside for the 4th of July, will fall under this ordinance. Is this true for county residential areas such as Lake Fort Scott?
This verbiage was considered but rejected by the BBBCC. There is no resolution that has been approved by the Commission and this document should be removed.
Michael – It sounds like you agree that this was the document that was considered, but think it should be deleted so no one will know what was being proposed. If someone goes back to watch the video of the discussion, wouldn’t knowing what was in the document be relevant? Why would you want it deleted from the web?