90-9403 OffensesKuh,.0 , Printing — Salina, Kansas
(Published in The Salina Journal August.30, 1990)
ORDINANCE NUMBER 90-9403
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 the
convenient hearing for the person or persons who are in the
room 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) It shall be unlawful for any person, while
operating, driving, or parking in a motor vehicle, to use or
operate any electronic device, radio, television, tape player,
compact disk 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.
Kinn -Cox Printing — Salina, K.....
(e) 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. That this ordinance shall be in full force and in effect
after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
tacgU line Shiever, City Clerk
Introduced: August 13, 1990
Pass August 20, 1990
ef7
Robert E. Frank, Major