89-9326 Distrubing Peace(Published in The Salina Journal July 14, 1989)
ORDINANCE NUMBER 89-9326
AN ORDINANCE AMENDING SECTION 25-82 OF THE SALINA CODE
PERTAINING TO AN OFFENSE KNOWN AS "DISTURBING THE PEACE", AND
REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 25-82 of the Salina Code is hereby amended to
read as follows:
"Section 25-82. Disturbing the peace.
(a) It shall
be unlawful for
any person to make,
continue,
maintain or
cause to be made or continued any
excessive,
unnecessary,
unreasonable or
unusually loud noise or any
noise which
either annoys,
disturbs, injures or
endangers
the comfort,
repose, health,
peace or safety of others within
the City of Salina.
(b) 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 and
comfort of the neighboring inhabitants 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 machine or device is operated and
who are voluntary listeners thereto. "Neighboring
inhabitants" shall include persons living within or occupying
residential districts of single or multi -family dwellings and
shall include areas where multiple -unit dwellings and
high-density residential districts are located.
(c) No person shall congregate with other persons because
of, participate in, or be in any part or gathering of people
from which sound emanates of a sufficient volume so as to
disturb the peace, quiet or repose of persons residing in
any residential area. No person shall visit or remain within
any residential dwelling unit or within the vicinity of a
residential dwelling unit wherein such party or gathering of
people is taking place except persons who have gone there
for the sole purpose of abating said disturbance. A police
officer may order all persons present in any group or
gathering from which such sound emanates, other than the
owners or tenants of the dwelling unit, to immediately
disperse in lieu of being charged under this section.
Owners or tenants of the dwelling unit shall immediately
abate the disturbance and, failing to do so, shall be in
violation of this section.
(d) Statement of intent. No provision of this Section shall
be construed to limit or abridge the rights of any person to
peacefully assemble and express opinions. It is the purpose
of this Section to protect individuals from unreasonable
intrusions caused by excessive, unnecessary, unreasonable
or unusually loud noises."
Section 2. That the existing Section 25-82 of the Salina Code is
hereby repealed.
Section
3.
This ordinance
shall be in full force and effect from and
after its adoption
and
publication once
in the official newspaper.
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[SEAL]
ATTEST:
Jacqu line Shiever, City Clerk
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1
Introduced: June 26, 1989
Passed: July 10, 1989
e�OAI'r,�
-
ph Warner, Mayor