01-10039 Offenses(Published in the Salina Journal on June�2001)
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ORDINANCE NUMBER 01-10039
AN ORDINANCE AMENDING CHAPTER 25 OF THE SALINA CODE BY
AMENDING SECTION 25-132, PERTAINING TO DISTURBING THE PEACE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 25 of the Salina Code is hereby amended by replacing Section
25-132 which shall read as follows:
"Sec. 25-132. 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 that is plainly audible across a property line or from a distance of fifty
(50) feet from the source of the noise, which either annoys or disturbs a person
of normal sensitivities, or injures or endangers the comfort, repose, health,
peace or safety of others within the city. For purposes of this section, a
property line is defined as an imaginary line drawn through the points of
contact of adjoining lands, apartments, condominiums, townhouses and
duplexes owned, rented or leased by different persons, a demarcation or a line
of separate of properties, and also, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings. All
areas devoted to public right-of-way shall be deemed to be across the property
line. For the purpose of this definition, the property line includes all points on
a plane formed by projecting the property line in a manner deemed appropriate
by the enforcing police officer.
(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 a manner that is plainly audible across a property line or from
a distance of fifty (50) feet from the source of the noise, which either annoys
or disturbs a person of normal sensitivities, or injures or endangers the comfort,
repose, health, peace or safety of neighboring inhabitants. Neighboring
inhabitants shall include persons living within or occupying residential districts
of single or multifamily dwellings and shall include areas where multiple -unit
dwellings and high-density residential districts are located.
(c) No person shall congregate with other persons, participate in, or be in any part
or gathering of people from which sound emanates of a sufficient volume that
is plainly audible from a distance of fifty (50) feet, so as to annoy or disturb
persons of normal sensitivities, or injure or endanger the comfort, repose,
health, peace or safety 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 gathering of people is taking place
except persons who have gone there for the sole purpose of abating such
disturbance. A police officer may order all persons present in any group or
gathering from which said sound emanates, other than the owner 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) Electronically amplified sounds authorized by city permit, emanating from
band concerts, block parties or other performances or similar activities publicly
or privately sponsored and presented in any public space outdoors, shall not be
in violation of this section, provided that the sponsor of the activity
immediately complies when directed by any police officer or other authorized
city official to decrease or discontinue the electronic amplification when, in the
official's determination, the noise levels created are unreasonable and injure
or endanger the comfort, repose, health, peace or safety of others within the
city.
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(e) It shall be unlawful for any person, while operating, driving, or parking a motor
vehicle, to use or operate any electronic device, radio, television, tape player,
compact disc player or other device for the producing or reproducing of sound
in such a manner that it disturbs the peace, quiet and comfort of persons in the
vicinity of the motor vehicle. Unless a person is operating under a loud
speaker permit issued pursuant to section 3-5 of the Salina Code, it shall be a
violation of this section if the sound emanating from the electronic device,
radio, television, tape player, compact disc player or other device for producing
or reproducing sound in or on the motor vehicle is clearly audible from a
distance of fifty (50) feet.
(f) 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 current Section 25-132 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
{SEAL}
ATTEST:
Lieu Ann Nicola, -City Clerk
Introduced:
Passed:
June 4, 2001
June 18, 2001
G
Larry L. Mathews, Vice Mayor