ORDINANCE NO 859
AN ORDINANCE PERTAINING TO EXCESSIVE NOISE AS CONSTITUTING DISTURBANCE OF THE PEACE.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:
SECTION 1. Statement of Intent. No provision of this ordinance 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 ordinance to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.
SECTION 2. Disturbing the Peace.
a. It shall be unlawful for any person to make, continue, maintain or cause to be made or continue any excessive, unreasonable or unusually loud noise which disturbs, injures, or endangers the repose, health, peace of safety of other people of ordinary sensitivity within the vicinity of the noise.
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 or repose of the neighboring inhabitants of ordinary sensitivity.
c. No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this section; provided, however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall upon request of a police officer cooperate fully in abating the disturbance and failing to do so, shall be in violation of this ordinance.
d. For purposes of this ordinance, the term “neighboring inhabitants” includes those persons in single family dwelling, multiple family dwelling, hotel rooms and motel rooms within the vicinity of the noise.
SECTION 3. Exemptions. The requirements of this ordinance shall not apply to the following,
provided that all equipment is in repair and operated properly:
1. Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;
2. Emergency vehicles;
3. Alarm systems;
4. Trash and waste pickup operations;
5. Aircraft or railroads;
6. Noise resulting from the activities of a temporary duration planned by school, governmental or community groups;
7. Air conditioners and lawn care equipment;
8. Construction operations; and
9. Church bells and campanile chimes.
SECTION 4. Penalty. Any person, individual, partnership, corporation or association who violates any of the provisions of this ordinance is guilty of an ordinance violation, and upon conviction, shall be punished by a fine for the first offense of $25.00, the second offense of $50.00 and the third offense determined in court not to exceed $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.
SECTION 5. This ordinance shall be in effect from and after its summary of publication once in the Meade County News.
Ordinance No. 859 Summary
On May 12th, 2014, the City of Meade, Kansas, passed Ordinance No. 859. The ordinance approving excessive noise and disturbing the peace. A complete copy of the ordinance is available at www.cityofmeade.org or in the office of the city clerk, 132 S Fowler, free of charge. This summary is certified by the city attorney to be legal, accurate and sufficient.
ATTEST: Richard Knott, Mayor
Tiffany Neel, City Clerk
|The City of Meade
132 South Fowler
PO Box 338
Meade, KS 67864-0338
Ph. (620) 873-2091
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