AN ORDINANCE OF THE CITY OF NEW STRAWN, KANSAS PROVIDING THAT THE CODE OF THE CITY OF NEW STRAWN, KANSAS BE AMENDED BY ADDING ARTICLE 8 TO CHAPTER VIII FOR THE PURPOSE OF ESTABLISHING REGULATIONS FOR THE CONTROL OF PROHIBITED NOISE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, ΚΑΝSΑS:
SECTION 1. That the Code of the City of New Strawn, Kansas be amended by adding Article 8 “Prohibited Noise” to Chapter Vlli, to read as follows:
8-801 STATEMENT OF INTENT. No provision of this article 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 section to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.
8-802 PUBLIC OFFICER. The city council shall designate a public officer or city law enforcement officer to be charged with the administration and enforcement of this article. In the absence of a public officer or city law enforcement officer, the mayor will be charged with the administration and enforcement of this article.
8–803 DEFINITIONS. As used in this article:
(a) Emergency – Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss which demands immediate action.
(b) Motor vehicle – Every vehicle defined as a motor vehicle in the standard traffic ordinance as adopted by the city.
(c) Motorized – Every vehicle defined as a motorcycle in the standard traffic ordinance as adopted by the city.
(d) Motorized Bicycle – Every vehicle defined as a motorized bicycle in the standard traffic ordinance as adopted by the city.
(e) Neighboring Inhabitants — Those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of noise.
(f) Noise — Any sound which annoys or disturbs or which causes or tends to cause an adverse psychological or physiological effect on humans.
(g) Noise Disturbance – Any sound which
(1) endangers or injures the safety or health of humans or animals;
(2) annoys or disturbs a reasonable person of normal sensitivities; or
(3) endangers or injures personal or real property.
(h) Person – Any individual, association, partnership, or corporation and includes any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state. (i) Powered Model Vehicle – Any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designated to carry persons including, but not limited to, any model airplane, boat, car, or rocket.
(j) Property Maintenance Equipment — All engine or motor-powered tools and equipment used occasionally in the repair and up keep of exterior property and including, but not limited to, lawn mowers, riding tractors, wood chippers, power saws, and leaf blowers.
(k) Public Right-of-Way – Any street, avenue, boulevard, highway, sidewalk, or alley.
(l) Real Property Boundary – The property line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.
(m) Residential Area – Single family, two family and multifamily zoning district classifications.
(n) Sound – An oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal or interval forces that cause compression and rarefaction of that medium, and which propagates at finite speed. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.
8–804 GENERAL PROHIBITIONS.
In addition to the specific prohibitions outlined on this section, no person shall unreasonably make, continue or cause to be made, continued or permitted, any noise disturbance. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way which is otherwise authorized.
8-805 SPECIFIC PROHIBITIONS.
The following acts, and the causing or permitting thereof, are hereby declared to be in violation of this article.
(a) Emergency Signaling Devices. It shall be unlawful to intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in this section. Testing of a signaling device shall not occur before 7:00 a.m. or after 10:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any testing shall issue only the minimum cycle test time.
It shall be unlawful to sound or permit the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation.
(b) Powered Model Vehicles. It shall be unlawful to operate or permit the operation of a powered model vehicle or vehicles so as to create a noise disturbance across a residential property boundary or in a public space between the hours of 10:00 p.m. to 7:00 a.m.
(c) Property Maintenance Equipment. It shall be unlawful to operate or permit the Operation of property maintenance equipment so as to create a noise disturbance across a residential property boundary or in a public space between the hours of 10:00 p.m. to 7:00 a.m.
(d) Radios, Television Sets, Musical Instruments, and Similar Devices. It shall be unlawful to operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, or similar device.
(1) In such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, as to create a noise disturbance cross a residential real property boundary, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which Such instrument or device is operated and who are voluntary listeners thereto.
(2) In such a manner as to create a continuing noise disturbance at 50 feet (15.25 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or space open to the public.
(e) Vehicle, Motorboard or Property Maintenance Equipment Repairs and Testing. It shall be unlawful to repair, rebuild, modify, or test any motor vehicle, motorcycle, motorized bicycle, motorboat or property maintenance equipment in such a manner as to cause a noise disturbance across a residential real property in any residential district, between the hours of 10:00 p.m. and 7:00 a.m.
8-806 ABATEMENT ORDERS.
In lieu of issuing a notice of violation, any public officer or city law enforcement officer may issue an order requiring the immediate abatement of any source of sound in violation of this article.
8-807 CROWDS AND PARTIES.
No person shall congregate with other persons because of, participate in, or be in any part of a gathering of people from which Sound emanates of a sufficient volume so as to be a violation of this section. No person shall visit or remain within any residential dwelling unit wherein such a party or gathering of people who have gone there for the sole purpose of abating the disturbance. A public officer or police officer shall order all persons present in any group or gathering from which such sound emanates, other than owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section, failure to disperse shall subject such person or persons to being so charged. Owners or tenants of the dwelling unit shall immediately abate the disturbance and failing to do so, shall be in violation of this article.
8-808 NOTICE OF VIOLATION.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to this article, any violation shall be cause for a notice of violation to be issued by any public officer or city law enforcement officer.
8-809 OTHER REMEDIES.
No provision of this article shall be construed to impair any Common-law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from the violation of this section.
Provided however, that the provisions of this section shall not apply to the following:
(a) The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work. (b) Noise resulting from activities of a temporary duration planned by school, governmental, or community groups. (c) Trash and waste pickup operations. (d) Church bells and campanile chimes. (e) Air conditioners.
SECTION 2. This ordinance shall take effect and be in force from and after its publication in the official newspaper for the City of New Strawn.
Passed by the City Council and approved by the Mayor of the City of New Strawn,
Kansas, on this 19 day of October, 2015.
Mark Petterson, Mayor
Jenell K. Termpleton, City Clerk
APPROVED AS TO FORM:
Denise McNabb, City Attorney