(a)   Statement of intent. No provision of this section shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of this article to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.

(b)   Disturbing the peace.

(1)   It shall be unlawful for any person to make, continue, maintain or cause to be made or continue any excessive, unreasonable or unusually loud noise or any property owner to allow persons on their property to do the same, which disturbs, injures, endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.

(2)   It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.

(3)   No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this article; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this article.

(4)   For the purposes of this article, the term “neighboring inhabitants” includes those persons in single-family dwellings, multiple-family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise.

(c)   Exemptions. The requirements of subsection (b) shall not apply to the following, provided that all equipment is in repair and operated properly:

(1)   Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;

(2)   Emergency vehicles;

(3)   Alarm systems;

(4)   Trash and waste pickup operations;

(5)   Aircraft or railroads;

(6)   Noise resulting from the activities of a temporary duration planned by school/university, governmental or community groups;

(7)   Air conditioners and lawn care equipment;

(8)   Construction operations;

(9)   Church bells and campanile chimes; and

(10) Noise from fireworks on July 4, and the time immediately preceding July 4, during which fireworks may legally be sold in the State of Kansas.

(d)   Penalty. Any person violating this shall upon conviction thereof be guilty of Class C misdemeanor subject to a fine of not less than $50.00.

(Ord. 102-2007; Code 1999, 36-51; Code 2016)

(a)   It shall be unlawful for the owner of any animal to permit such animal to make excessive noise that disturbs a neighbor.

(b)   The following definitions and conditions shall apply to this section:

(1)   The phrase “excessive noise” shall mean any animal noise which is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor.

(2)   The term “neighbor” shall mean any person residing in a residence structure which is within 250 yards of the property on which the animal is located.

(3)   If a summons is issued charging a violation of this provision, a subpoena shall also be issued to the disturbed neighbor to testify to the disturbance under oath.

(c)   Penalty. Violation of this is punishable by a fine of not more than $300.00 or by imprisonment for not more than six months or by both such fine and imprisonment.

(Ord. 103-2008; Code 1999, 36-52; Code 2016)