§ 10-92. Amendments.

The code adopted by this article is amended as provided in this section (the section identifiers contained within these amendments conform to the 2018 International Property Maintenance Code):

TABLE OF CONTENTS.

Insert new chapters and subsections:

"CHAPTER 9 LOT CLEANLINESS

Section

901 Declaration of Nuisance

902 Definitions

903 Lot Maintenance

904 Prohibited Acts

905 Presumption of Nuisance

906 Notice to Abate

907 Abatement by County

908 Penalties

909 Appeal

CHAPTER 10 ABANDONED AND INOPERABLE VEHICLES

Section

1001 Declaration of Nuisance

1002 Definitions

1003 Exceptions

1004 Abatement on Public Property

1005 Abatement on Private Property

1006 Disposition as Surplus

CHAPTER 11 VACANT, DETERIORATED OR BLIGHTED PROPERTIES

Section

1101 Adoption of State Law

1102 Definitions

1103 Vacant Property Review Commission

1104 Abatement Order

1105 Eminent Domain

CHAPTER 12 NOISE

Section

1201 Declaration of Nuisance

1202 Definitions

1203 Use Regulations

1204 General Prohibitions

1205 Exceptions

1206 Noise Permits

1207 Construction Chapter"

Section [A] 101.1 Title.

Delete "[NAME OF JURISDICTION]" and insert in its place "Knox County, Tennessee".

Section [A] 101.2 Scope.

Insert the word ", vehicles" after the word "equipment".

Section [A] 102.3 Application of other codes.

Delete " International Zoning Code." and insert in its place "adopted codes, ordinances, and resolutions of Knox County, Tennessee."

Section [A] 102.5 Workmanship.

At the end of the section, insert "Residential Construction Performance Guidelines for Professional Builders & Remodelers, Third Edition as published by the National Association of Home Builders may be used as a performance guideline."

Section [A] 103.5 Fees.

Delete [JURISDICTION TO INSERT APPROPRIATE SCHEDULE] and insert "Fees as adopted by resolution for Knox County, Tennessee."

Section [A] 106.3 Prosecution of Violations.

Delete the first sentence of Section 106.3 and insert the following sentence in its place: Any person failing to comply with and an order served in compliance with this code shall be guilty of a violation of this code and subject to the penalties provided herein.

Insert a new section as follows:

"Section [A] 110.5 Documentation prerequisite to issuance of permit.

Before a permit for the demolition of any building may be issued the following documentation must be submitted:

1.

Minimum three inch by five inch black and white photographs of all sides and any interesting details or features inside or outside of the structure and negatives of such photographs. Digital photographs shall be an acceptable alternate.

2.

Any and all historical documents regarding the building that may be located by the applicant.

3.

The completed historical and architectural information sheet describing the structure, including unusual features such as doors, windows, mantles, stairways, decorative plaster, ceiling, etc."

Section [A] 111.1 Application for Appeal.

Delete Section 111.1 and insert the following in its place: "Unless a chapter of this code designates a specific administrative body to hear appeals and person directly affected by a decision of the code official shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed with the code official within twenty (20) days of the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or the requirements of this code are adequately satisfied by other means. For the purpose of this section the "board of appeals" shall mean the Knox County Board of Zoning Appeals.

Section [A] 111.2 Membership of the Board.

Delete Section 111.2 in its entirety.

Section [A] 111.4 Open hearing.

Delete the last sentence of Section 111.4.

Section [A] 111.4.1 Procedure.

Delete the word "shall" in the first sentence of Section 111.4.1 and insert the word "may" in its place.

Section [A] 112.4 Failure to comply.

Delete "liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" and insert "subject to penalties as prescribed by law" in its place.

Section [A] 201.3 Terms defined in other codes.

Delete " International Zoning Code or" and insert "or the adopted codes, ordinances, and resolutions of Knox County, Tennessee." after "NFPA 70,".

Section 302.4 Weeds.

Delete "[jurisdiction to insert height in inches]" and insert in its place "twelve inches".

Add a new section as follows:

" Section 303.3 Abandoned pools.

All abandoned swimming pools shall be filled with concrete, dirt, or such other material as is necessary to prevent the accumulation of water within such abandoned pool. Any pool which is maintained or list in such condition as to demonstrate the intent of the owner that they are not to be in use for an indefinite period of time or a swimming pool not in use for a period of one year shall be presumed to be abandoned."

Section 304.14 Insect screens.

Delete "During the period from [DATE] to [DATE]," and change "every" to "Every".

Section 602.3 Heat supply.

Delete "during the period from [DATE] to [DATE]"

Section 602.4 Occupiable work spaces.

Delete "during the period from [DATE] to [DATE]"

Chapter 8 Referenced Standards

Delete "IZC-18 International Zoning Code ........................102.3, 201.3"

At the end of the section insert "Residential Construction Performance Guidelines for Professional Builders & Remodelers, Third Edition as published by the National Association of Home Builders ..........102.5."

Insert new chapters 9, 10, 11, and 12 as follows:

CHAPTER 9 LOT CLEANLINESS

Section 901. Declaration of Nuisance. The existence of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, garbage, or any combination of the preceding elements, or a vacant dilapidated building or structure, so as to endanger the health, safety or welfare of other citizens, or to encourage the infestation of rats and other harmful animals is a nuisance subject to abatement under this Chapter.

Section 902. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

1.

Dilapidated Building or Structure. An unsecured, open, vacant building deemed unfit by a certified building inspector.

2.

Natural Landscaped Area. Natural landscaping, also called native gardening, is the use of native plants, including trees, shrubs, ground cover, and grasses which are indigenous to the geographic area of the garden which is either naturally established or designed and cultivated that when established will sustain itself with minimal maintenance effort that do not contain noxious weeds or poisonous plants that cause a public nuisance.

3.

Subdivided Vacant Lots. Any lot cleared and graded for future construction within a subdivision.

Section 903. Lot Maintenance. Subdivided lots must be mowed and maintained in their entirety if adjacent to homes. All others must have a ten (10) foot perimeter maintained at all times.

Section 904. Prohibited Acts. It shall be unlawful for any person owning, leasing, occupying or having control of property to:

1.

Allow trees, vines, grass, weeds, underbrush or any other vegetation to grow or debris, trash, litter, garbage, refuse or other materials, a vacant dilapidated building or structure, or any combination of such elements to accumulate on such property to such an extent that a nuisance is created injurious to the health, safety, and welfare of the inhabitants of the county, or that infestation by rats or other harmful animals is encouraged; or

2.

Allow trees, vines, grass, weeds, or any plant that is not cultivated to grow in rank profusion or otherwise in, along, upon or across the sidewalk or street adjacent to the premises in the area between the property line and the curb line, or within the area ten (10) feet beyond the property line, to a height greater than twelve (12) inches on an average.

Section 905. Notice to Abate. If the code official determines that a property is in violation of this Chapter, the code official shall notify the owner demanding abatement of the condition within ten days of receipt of the notice. In addition to the requirements of Section 107, the notice shall contain:

1.

A brief statement of Tennessee Code Annotated 5-1-115, including the consequences of failing to remedy the noted condition;

2.

The code official's name, office, address and telephone;

3.

A cost estimate for remedying the noted condition, which shall conform with the standards of cost in the community; and

4.

A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.

Section 906. Penalties. In the event the county is unable to remedy the condition creating a nuisance, the code official may assess penalties for violations of this Chapter as set forth in Section 106.4 of this Code.

Section 907. Appeal. Any person aggrieved by an order issued under this Chapter may appeal by filing a written application with the Board of Zoning Appeals within ten (10) days of receiving notice. The Board secretary shall place the matter on the Board's agenda for public hearing. At the public hearing, the Board may affirm, reverse, or modify the code official's order. Appeal from the decision of the Board shall be by certiorari.

CHAPTER 10 ABANDONED AND INOPERABLE VEHICLES

Section 1001. Declaration of Nuisance. The presence within the county of an abandoned or inoperable motor vehicle on private or public property is a nuisance, which may be abated in accordance with the provisions of this chapter.

Section 1002. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

1.

Abandoned Motor Vehicle. A motor vehicle that:

a)

Is over four (4) years old and is left unattended on public property for more than ten (10) days;

b)

Is in an obvious state of disrepair and is left unattended on public property for more than seventy-two (72) hours;

c)

Has remained illegally on public property or within a public right of way for a period of more than forty-eight (48) hours;

d)

Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours; or

e)

Has been stored, parked or left in a garage, trailer park, or any type of storage or parking lot for more than thirty (30) consecutive days.

2.

Inoperable Vehicle. A motor vehicle that:

a)

Will not move under its own power;

b)

Does not meet the requirements for operation of motor vehicles on public roads;

c)

Is without one or more wheels or inflated tires; or

d)

Has more than one broken window.

3.

Motor Vehicle. Any vehicle that is designed to be self-propelled.

Section 1003. Exceptions. This chapter shall not apply:

1.

To any motor vehicle on private property which is not visible from the street or from other public or private property, if the motor vehicle is completely enclosed within a permanent or portable building consisting of four walls and a roof and which is in compliance with all gas, plumbing, electrical, zoning and mechanical codes, and with the building and fire codes as adopted by the county; or

2.

To any motor vehicle held in connection with a business enterprise lawfully licensed by the county and properly operated in the appropriate zone pursuant to the the zoning ordinance of the county, if the storage or parking of such motor vehicle is necessary to the operation of such business enterprise.

Section 1004. Abatement on Public Property. The code official may abate any abandoned or inoperable motor vehicle located on public property by the following procedure:

1.

Within three (3) business days after seizure of an abandoned or inoperable motor vehicle on public property, the code official shall verify ownership of the vehicle through the Tennessee Information Enforcement System (TIES) or the Tennessee Department of Motor Vehicles Title Registration Division. Within three (3) business days after receiving verification of ownership, the code official shall notify the last known registered owner of the vehicle and all lien holders of record by registered mail, return receipt requested.

2.

The notice shall describe the year, make, model and serial number of the motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lien holders of their right to reclaim the motor vehicle within ten (10) days after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody; and state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title, and interest in the vehicle and consent to the sale of the abandoned, immobile, or unattended motor vehicle at a public auction.

3.

In the event there is no response to the notice by registered mail provided for in this subsection, then there shall be notice by one publication in one newspaper of general circulation in the county. The notice shall be in a small display ad format, but one advertisement may contain multiple listings.

4.

If the owner or lien holder fails to reclaim a motor vehicle, the code official may sell the vehicle at a public auction. The purchaser at auction shall receive a sales receipt from the code official. The code official may use sale proceeds for payment of the expenses of the auction, the costs of towing, preserving and storing the vehicle, and all notice and publication costs. Any remaining proceeds shall be held for the owner of the vehicle or entitled lien holder for forty-five (45) days, and shall then be deposited into the general fund.

Section 1005. Abatement on Private Property. The code official may abate any abandoned or inoperable motor vehicle, including but not limited to the one vehicle allowed by Knox County, located on private property by the following procedures:

1.

Prior to the seizure of an abandoned or inoperable vehicle on private property, the code official shall notify the owner, lessee, occupant, or person having control of such property demanding removal of the vehicle(s) within thirty (30) days. The notice required by this subsection shall contain:

a)

An identification of the vehicle(s) in violation of this chapter;

b)

A statement of the process an aggrieved person may use to appeal the notice; and

c)

A statement of the consequences for failing to remove the vehicle(s).

2.

Any person aggrieved by the notice provided in this Subsection may appeal to the Board of Zoning Appeals by filing a written application for appeal with the Office of Code Administration. The Board may affirm, reverse, or modify the code official's determination. Any person aggrieved by the action of the Board may appeal the decision as provided by law in the cases of certiorari.

3.

If an aggrieved person fails to remove the vehicle from the property or appeal to the Board of Zoning Appeals within thirty (30) days of service of the notice, the code official may remedy the condition and abate the nuisance by seizing the vehicle.

4.

When the time for appeal provided in this subsection expires, the code official may sell the vehicle at a public auction according to the procedure of abating abandoned or inoperable vehicles on public property in the preceding section.

Section 1006. Disposition as Surplus. If an owner or lien holder fails to reclaim a seized vehicle as provided in this Chapter and the vehicle does not sell at public auction, the code official may dispose of the vehicle as surplus county property.

CHAPTER 11 VACANT, DETERIORATED OR BLIGHTED PROPERTIES

Section 1101. Adoption of State Law. Blighted or deteriorated properties in this county create a need to exercise the authority contained in title 13, chapter 21, part 2 of the Tennessee Code Annotated governing the acquisition, holding, clearing, maintenance, and disposition of property determined to be blighted or deteriorated; therefore, Knox County adopts the provisions of said title, chapter, and part.

Section 1102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

1.

Blighted or deteriorated property. Any vacant structure or land, except property used for agricultural purposes, in a predominantly built-up neighborhood:

a)

Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;

b)

Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;

c)

Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated as unfit for human habitation by the code official;

d)

Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;

e)

From which the utilities, plumbing, heating, sewage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;

f)

Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;

g)

Which has been tax delinquent for a period of at least three (3) years; or

h)

Which has not been rehabilitated within the time constraints placed upon the owner by the code official.

2.

Residential, commercial, industrial and related use. Residential or commercial or industrial property for sale, lease, or rent and related uses; such related uses include, but are not limited to, park and recreation areas, neighborhood community service, parking lots or structures, and any use which is consistent with or complementary to the existing properties in the area.

Section 1103. Vacant Property Review Commission. There is hereby established the county vacant property review commission for the purpose of reviewing properties alleged to be blighted and certifying them to the county commission for acquisition. The nine (9) duly appointed members of the board of zoning appeals shall also serve on the vacant property review commission. The county vacant property review commission shall meet after the monthly board of zoning appeals meeting as needed.

Section 1104. Procedure.

1.

If the code official determines that a property is blighted or deteriorated, the official may order the owner or the owner's designated agent to eliminate the conditions that are a violation of law. The order shall state that the property is blighted or deteriorated and give a general description of the condition or conditions that constitute the blight or deterioration. The order shall demand elimination of the blight or deterioration within a definite time, not to exceed thirty (30) days. The order shall state that failure to eliminate the blight or deterioration within the provided time will result in referral of the matter to the vacant property review commission.

2.

If an owner or designated agent fails to eliminate the blight or deterioration as ordered by the code official, the code official may refer the matter to the vacant property review commission. Contemporaneously with such referral, the code official shall request a planning commission determination that reuse of the property for residential, commercial, industrial and related use is consistent with the comprehensive plan.

3.

Upon referral of a blighted or deteriorated property to the vacant property review commission, the commission secretary shall notify the owner or designated agent of the referral by certified mail, return receipt requested; however, if the address of the owner or designated representative is not reasonably ascertainable, the secretary shall post notice in a conspicuous place on the property. The notice shall state that the code official referred the property to the commission as blighted or deteriorated and give a general description of the condition or conditions that constitute blight or deterioration. The notice shall demand elimination of the blight or deterioration within ninety (90) days. The notice shall contain a hearing date that coincides with a vacant property review commission meeting date following the expiration of the 90-day period. The vacant property review commission may grant an extension of time for good cause shown.

4.

On the hearing date contained in the secretary's notice, the vacant property review commission shall hold a public hearing to determine whether to certify the matter to the county commission for eminent domain proceedings. The vacant property review commission may make such a certification upon finding:

a)

that the code official ordered the owner or designated agent to eliminate the conditions which are in violation of local codes or law;

b)

that the property is vacant;

c)

that the property is blighted or deteriorated;

d)

that the commission secretary notified the property owner or designated agent that the property is blighted for [or] deteriorated and the owner or designated agent failed to comply wth the notice within the time provided; and

e)

the planning commission of the municipality has determined that reuse of the property for residential, commercial, industrial and related use is in keeping with the comprehensive plan.

Section 1105. Eminent Domain. Upon receipt of a blight or deterioration certification, the county commission may authorize eminent domain proceedings pursuant to title 29, chapters 16 and 17, if the county commission also finds that:

1.

Such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;

2.

Such property is likely to continue to deteriorate unless corrected;

3.

The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and

4.

The owner of such property has failed to correct the deterioration.

CHAPTER 12 NOISE

Section 1201. Declaration of Nuisance. The county commission finds that excessive noise is detrimental to the physical, mental and social well being of the citizens of the county as well as to their comfort, living conditions, general welfare and safety and hereby declares it necessary to provide for more effective regulation of excessive noise. It is the intent of this chapter to establish standards that will eliminate or reduce unnecessary and excessive noise, which is physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and conduct of business.

Section 1202. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

1.

Ambient noise. The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.

2.

A-weighted sound pressure level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network, as defined in American National Standard SI.4-1983 (R 1997). The level so read is designated dB(A).

3.

City. The city of Knoxville.

4.

County. The Knox County.

5.

Commercial use. The activity within or upon a premise where offices, clinics, kennels, shopping and service establishments exist and none of the gross floor area meets the definition of residential use, as set forth below.

6.

dB(A). The sound level shown in a reading made on the dB(A) scale.

7.

Decibel (dB). A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty (20) micronewtons per square meter).

8.

Impulsive sound. A sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

9.

Industrial use. Any activity within or upon a premise where manufacturing, processing or fabrication of goods or products takes place.

10.

Motor vehicle. Any motor vehicle required to be registered by the department of safety for the state, pursuant to Title 55 of the Tennessee Code.

11.

Person. Any individual, association, partnership, or corporation, and includes any officer or employee thereof.

12.

Public premise. All real property, including appurtenances thereon, which is owned or controlled by any public governmental entity and shall include streets, alleys, parks and navigable waterways, but shall not include real property leased to any nongovernmental entity for residential, commercial or industrial use, as defined herein.

13.

Real property boundary. A line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person or entity from that owned by another person or entity, but not including intrabuilding real property divisions.

14.

Repair. The restoration of a broken, damaged, or failed device, equipment, part, or property to an acceptable operating or usable condition or state.

15.

Residential use. Any premises lawfully used for human habitation under county ordinances and the laws of the state and shall include schools, churches, hospitals, nursing homes, and similar institutional facilities. For purposes of this chapter only, premises adjoining, adjacent to or opposite hospitals or nursing homes shall also be deemed residential use.

16.

Sound pressure. The average rate at which sound energy is transmitted through a unit area in a specific direction.

17.

Sound pressure level meter. An instrument used for measurement of the intensity of sound and accurately calibrated in decibels. Readings shall be made on a dB(A) scale.

Section 1203. Use Regulations. No person within the county shall cause, suffer, allow or permit sound from any source which, when measured from the real property boundary of the source of the sound, is in excess of the following standards:

1.

Residential use.

a.

When the offending sound emanates from a residential use between the hours of 7:00 a.m. and 10:00 PM, sound which has an A-weighted sound pressure level of 65 dB(A), or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).

b.

When the offending sound emanates from a residential use between the hours of 10:00 PM and 7:00 a.m., sound which has an A-weighted sound pressure level of 60 dB(A), or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).

2.

Commercial use.

a.

When the offending sound emanates from a commercial use between the hours of 7:00 a.m. and 10:00 PM, sound which has an A-weighted sound pressure level of 80 dB(A), or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).

b.

When the offending sound emanates from a commercial use between the hours of 10:00 PM and 7:00 a.m., sound which has an A-weighted sound pressure level of 75 dB(A), or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).

3.

Industrial use.

a.

When the offending sound emanates from an industrial use, continuous or impulsive sound which has an A-weighted sound pressure level of 80 dB(A).

b.

No person shall cause, suffer, allow or permit from any source within a public premise any airborne sound which, when measured from the source of the sound, has an A-weighted sound pressure level in excess of 65 dB(A), or any impulsive sound which has an A-weighted sound pressure level of 80 dB(A). This subsection shall not apply to legitimate government operations. Sound, whether continuous or impulsive, shall be measured at approximately five (5) feet above grade, using a slow meter response setting and using a windscreen when appropriate.

Section 1204. General Prohibitions. Consistent with other provisions of this chapter, and in addition thereto, it shall be unlawful for any person within the county to make, produce, cause, suffer, continue or allow to be produced or continued by human voice, machine, animal, or device, or any combination of same, any unreasonably loud, unusual or unnecessary noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or which otherwise injures or endangers the comfort, repose, health, peace, safety or welfare of others.

1.

The standards which shall be considered in determining whether a violation of this section exists shall include, but shall not be limited to the following:

a.

The frequency of the noise;

b.

The intensity of the noise;

c.

Whether the nature of the noise is usual or unusual;

d.

Whether the origin of the noise is natural or unnatural;

e.

The frequency and intensity of the ambient noise, if any;

f.

The proximity of the noise to residential sleeping facilities;

g.

The nature and land use of the area within which the noise emanates;

h.

The population density of the inhabitation of the area within which the noise emanates;

i.

The time of the day the noise occurs;

j.

The duration of the noise; and

k.

Whether the noise is recurrent, intermittent, or constant.

2.

The following acts, among others, are declared to be unreasonably loud, unusual or unnecessary noises in violation of this chapter, even if the noises referred to do not violate the noise level standards set forth in section 1203.

a.

Horns and signaling devices on vehicles. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

b.

Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of proper county authorities.

c.

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

d.

Drums and other attention-attracting devices. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

e.

Animals and birds. The keeping of any animal or bird which, by frequent barking, howling, crying, singing or causing any other frequent or long-continued noise, disturbs the comfort and repose of any person in the vicinity.

f.

Sound trucks. The use or operation on or upon the public streets in the county or on driveways or throughways owned by or leased to Knoxville's community development corporation of any device known as a sound truck, or any loudspeaker, sound amplifier or other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon the county streets or on driveways or throughways owned by or leased to Knoxville's community development corporation.

g.

Defect in vehicle or noisy load. The use of any automobile, motorcycle, or other vehicle so out of repair or loaded in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise.

h.

Pneumatic devices. The use of any mechanical devices operated by compressed air unless the noise created thereby is effectively muffled and reduced.

Section 1205. Exceptions. None of the terms or prohibitions contained in this chapter shall apply to or be enforced against:

1.

Any vehicle of the county or a public utility while engaged in necessary public business.

2.

Excavations or repairs of bridges, streets or highways by or on behalf of the city, the county or the state during the night, when the public welfare and convenience renders it impossible to perform such work during the day.

3.

Emergency activities of the city, the county or the state and emergency activities of public utilities when they are seeking to provide electricity, water or other public utility services and the public health, safety or welfare is involved.

4.

Any special event authorized pursuant to the law, rules and regulations of the county.

5.

Excavation, construction, demolition, repair, paving or alteration of buildings or streets. This exception shall not apply to such excavation, construction, demolition, repair, paving or alteration of buildings or streets in a residential use between the hours of 6:00 p.m. and 7:00 a.m. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and further determines that loss or inconvenience would result to any party in interest, permission may be granted for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.

6.

Use of domestic power equipment (including but not limited to power lawn mowers, leaf blowers, trimmers, snowblowers, tillers, saws, sanders, drills or similar devices) between 8:00 a.m. and 9:00 p.m.

7.

Attendant on-site noise connected with the actual performance of organized sporting events on school campuses and in publicly owned parks or facilities.

8.

Warning devices on authorized emergency vehicles and on motor vehicles used for traffic safety purposes.

9.

Amplified and unamplified bells and chimes on schools, public buildings and other places of assembly.

10.

Use of motor vehicles for the collection or compacting of refuse, except that such vehicles shall not operate between 10:00 p.m. and 7:00 a.m. in a residential use.

11.

Cleaning and maintenance of parking lots and access roadways held open to the public, but only when such activities are not feasible between 7:00 a.m. and 10:00 p.m.

12.

Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off, if such landing or taking off is approved by the county or necessary for the protection of human life.

13.

Air conditioning and refrigeration units appurtenant to a permanent structure, so long as the unit or any of its component parts is not so out of repair as to create loud or unnecessary grating, grinding, rattling or other noise.

14.

Human sounds emanating from children twelve (12) years of age or under, including but not limited to speech and utterances of laughter, cries, and sounds associated with play.

15.

Security alarms on structures or motor vehicles, except that such alarms must terminate operation within five (5) minutes after activation for continuous airborne sound and within fifteen (15) minutes for impulsive sound unless otherwise provided in this Code.

Section 1206. Noise Permits. The code official shall, upon proper application, grant special permits for limited exceptions from the provisions of this chapter.

1.

Special noise permits shall be issued only for events occurring on Friday, Saturday or a federally recognized holiday, and shall be effective only between the hours of 7:00 a.m. and 10:00 p.m. Special noise permits shall be limited to a single day, and no more than two (2) permits shall be issued to any premises in any twelve-month period, regardless of any change in ownership of the premises.

2.

Any person seeking a special noise permit pursuant to this section shall file an application with the code official, which application shall contain specific information regarding the nature of the event for which the permit is sought, including the anticipated duration of the event, the address of the premises for which the permit is sought, the name (and address, if different from the premises for which the permit is sought) of the person seeking the permit, an acknowledgment of responsibility of the applicant for any violations of this chapter resulting from noncompliance with the terms of the permit, and the signature of the applicant. Said application shall be filed no less than three (3) business days prior to the effective date of the permit.

3.

Upon receipt of a properly executed and signed application, the code official shall issue a special noise permit to the applicant, which permit shall exempt the premises specified in the permit from the provisions of sections 1203, 1204 and 1205 of this chapter for the date specified in the permit, except that sound emitted from the premises shall in no way exceed the standards set forth in 1203 of this Chapter by more than 10 dB(A).

4.

Noncompliance with any conditions of the permit or any of the provisions of this section shall invalidate the permit and subject the applicant and any other person on the premises to all provisions of this chapter.

5.

The permit shall be displayed prominently on the premises covered by the permit.

Section 1207. Construction of Chapter. The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application. Nothing in this chapter shall be construed as negating or superseding any other county ordinance, unless otherwise specifically noted."

( Ord. No. O-18-10-101, § 5(Exh. IV), 11-19-18 )