CHAPTER 16. OFFENSESCHAPTER 16. OFFENSES\Article IV. Miscellaneous Offenses

A.    It shall be unlawful for any person under the age of eighteen (18) years to be upon the streets, highways, parks, alleys, or public or private parking areas within the City between the hours of 11:00 p.m. and 4:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday and 12:00 a.m. and 4:00 a.m. Friday and Saturday unless:

1.    By the most direct route traveling to, from or in the course of gainful employment.

2.    By the most direct route traveling to, from or in the course of a sanctioned school related activity or event.

3.    Accompanied by a parent or legal guardian or otherwise designated responsible person.

B.    Each parent, legal guardian or otherwise designated responsible person of each juvenile found in violation of this Section shall be subject to a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for each separate violation.

(Code 2015)

A.    Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:

1.    Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water except by direction of some public officer or employee authorized by law to direct or permit such acts.

2.    Any private property without the consent of the owner or occupant of such property.

B.    Littering is a Class C misdemeanor.

(K.S.A. 21-3722; Code 2015)

A.    Noise disturbance prohibited. It is unlawful to intentionally, knowingly or recklessly make, permit or assist another to make unreasonable noise in a public place or near a private residence that a person has no right to occupy, which, under all the circumstances presented, would cause a person of ordinary sensitivities significant annoyance and irritation. The following noises and circumstances shall be deemed as prima facie unreasonable in the context of the standards listed in this subsection:

1.    Electrically amplified sound audible 50 feet from the source of said sound or within a private residence;

2.    Playing of any music or musical instrument between 10:00 P.M. and 7:00 A.M. and audible 50 feet from the source of sound;

3.    Engines (vehicular and non-vehicular) and tools (including yard maintenance equipment) operated between 10:00 P.M. and 7:00 A.M. and audible 50 feet from the source of the sound;

4.    Repair or adjustment of a motor vehicle between 10:00 P.M and 7:00 A.M. which is audible 50 feet from the source of the sound;

5.    Gathering of persons engaged in loud and continuing conduct for a minimum of 15 minutes between 10:00 P.M. and 7:00 A.M. and audible 50 feet from the source of the sound;

6.    Noise created by construction work within 300 feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure or flatwork between 10:00 P.M and 6:00 A.M;

7.    The continued or frequent sounding of any horn, air horn or signal device on any vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary and unreasonable period of time;

8.    Any of the above when audible inside a private residence that the person responsible for the sounds has no right to occupy.

B.    Conduct Not in Violation. The following acts and sounds shall not be considered noise disturbances in violation:

1.    Any sound created from an assembly with an assembly permit issued by the city;

2.    Sound created by law enforcement or emergency services activities or emanating from authorized emergency vehicles;

3.    Sound from fields, grounds or facilities from any sporting arena, stadium, playground or sports complex operated by a school or governmental entity during activities sponsored by a school or governmental entity; or

4.    Sound from activities, vehicles or equipment of the city, state, county, federal government, school or other government agency or public utility provider.

C.    Conduct Allowed by Permit. Nothing in this section shall be construed to prohibit the playing by a band or orchestra in a public hall, building, or in the open air, or to prohibit the playing of church chimes or ringing of church bells, or clock. Overnight street and parking lot cleaning; and snow removal is permitted as needed. 

D.    Penalty. Noise Disturbance is a Class C violation as defined in the Uniform Public Offense Code. 

(K.S.A. 21-4101; Code 2015; Ord. 3968-18; Ord. 3969-18)