01-10039 •
Affidavit of Publication
Ord. No. 01-10039
Following is a true and correct copy of
together with proof of publication of the same.
(Published In The Salina fort repose, health, peace or
Journal June 22,2001) safety of persons residing in
AFFIDAVIT
ORDINANCE NUMBER any residential area. No per-
AN 01-10039 son shall visit or remain within
AN DPTER 25 OF THE any residential dwelling unit or
SA CHAPTER 25 OF THE within the vicinity of a residen-
NG SECTION CODE BY , PER-SECTION 25-132, PER- fiat dwelling unit wherein such
Kim Norwood TAINING TO DISTURBING gathering of people is taking
I, , being duly THE PEACE. place except persons who
BE IT ORDAINED by the have gone there for the sole
I Governing Body of the City of purpose of abating such dis-
sworn, declare that I am the Advertising Manager of THE Sauna.Kansas' turbance. A police officer may
Section 1. That Chapter 25 of order all persons present in
the Salina Code is hereby any group or gathering from
SALINA JOURNAL, a daily newspaper published at Salina, amended by replacing Section which said sound emanates,
25-132 which shall read as fol- other than the owner or ten-
lows: ants of the dwelling unit, to im-
"Sec. 25x32. Disturbing
mediately disperse in lieu of
Saline County, Kansas, and of general circulation in said mepeege. being. charged under this sec-
(a) It shall be unlawful for don. Owners on tenants of the
any person to make, continue. dwelling unit shag immediately
county, which newspaper has been continuously and unin- maintain or cause to be made abate the disturbance and,
or continued any excessive, failing to do so, shall be in via-
unnecessary, unreasonable or lotion of this section.
terruptedly published for five prior to first unusually loud noise that is (d) Electronically amplified
p y p ve consecutive y ears p plainly audible across a prop sounds authorized by city per-
arty line or from a distance of mit, emanating from band con-
fify (50) feel from the source cars, block ponies or other
publication of attached notice, and that the attached of the noise, which either.an- performances or similar activi-
noys or disturbs a person of ties publicly or privately spun-
Ord. No. 01-10039 normal sensitivities, or injures �Itl and fesented sin shall space or endangers the comfort, re-
pose, health, peace or safety
1 not be in vitiation of this sec-
of others within the city. For tion, provided that the sponsor
purposes of this section, a of the activity immediately
has been correctly published in said newspaper property line is defined as an complies when directed by any
imaginary line drawn through police officer or other author-
the points of contact of adjoin- ized-City official to'decrease or
times, the first publication being given ing lands, apartments, condo- discontinue the electronic am-
miniums, townhouses and du- OlifiCation when, in the official's
22 2001 plazas owned, rented or determination, the noise levels
in the issue of J une 19 leased by different persons, a created are unreasonable and
demarcation or a line of sepa- injure or endanger the comfort,
rate of properties, and also, for repose, health, peace or safe-
r ty of others within the city.
-- `ea *0 . A any two or more buildings (e) It shall be unlawful for' •
sharing common grounds, the any person, while operating,
_ tine drawn midway between
.//� 4-if any two such buildings. At driving, or parking a motor ve-
Subscribed and sworn to before me, this `" • areas devoted to public right- hide, to use or operate any
of-way shall be deemed to be electronic device, radio, televit •
across the property line. For sign, tape player, compact
day of U A.D.
492CC/ the purpose of this definition, disc player or other device for
the property line includes all the producing or reproducing
Q /� I points on a plane formed by of sound in such a manner
W / U/1 A projecting the property line in a that it comfort the peace, quiet a���///�w"`---"' manner deemed appropriate
and mmff of persons in the
Notary Public by the enforcing police officer. vicinity of the motor vehicle.
(D) It snail be unlawful for Unless a person is operating
ud
any person to use, operate or under a man speaker permit
permit the use or operation of issued pursuant to section 3-5
any electronic device, radio re-
of the Salina Code, it shall be
ceiving set, television, musical a violation of this section if the
instrument, phonograph,' or sound emanating from the
p01ARY PUBLIC•�of� other machine or device for electronic device, radio, televi-
the producing or reproducing Sion, rape player, compact
of sound in such a manner disc player or other device for
cL4�= cy producing or reproducing
my $•t 2_- that is Plainly or from across a
property line or from a dis-
sound in or on the motor vehi-
tance of fifty (50) feet from the de is clearly audible from a
source of the noise, which ei-
ther annoys or disturbs a per- (f) Statement of intent. No
son of normal sensitivities, 'or provision of this section shall
injures or endangers the corn- be construed to limit or
abritlge the rights
fort, repose, health, peace or os of any per
•safety of neighboring Inhabitants son to • peacefully pinions assemble
tans. Neighboring Inhabitants and express his section It is the
shell Include persona- living purpose of this section to pro-
shall or occupying residential ten individuals from unreason-
districts of single or multifamily able intrusions caused by ex-
dwellings and shall Include cessive, unnecessary, unrea-
areas
areas where multiple-unit sortable or unusually loud
dwellings and high-density noises." .
residential districts are local- Section 2. That the current
ed. Section 25-132 is hereby re-
(c) No person shall congre- pealed.
gate with other persons, par- Sedlon 3. That`this ordi-
ticlpate In, or be In any pan or nance shall be in lull force and
',gathering of people from which effect from and after its adop-
sound emanates of'a sufficient Lion and publication once in
yolume that Is plainly audible the official city newspaper.
from a distance of fifty (50)
feet, so as to annoy or disturb Introduced:June 4,2001
'persons 'of normal sensitivities, Passed:
!Larry June 182001
or Inure or endanger the corn- M/Larry J Mathews
Vice Mayor
{SEAL)
ATTEST:
!s/Lieu Ann Nicola
City Clerk (1t)