City of Holyrood Excessive Noise Ordinance

(First Published in the Ellsworth County Independent/
Reporter, September 17, 2015)

ORDINANCE NO.    594

AN ORDINANCE REGULATING EXCESSIVE NOISE
AND PROVIDING FOR PENALTIES IN THE CITY
OF HOLYROOD KANSAS  

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOLYROOD, KANSAS:
Section 1. Noise – General Prohibition
It is unlawful for any person to make or cause or permit to be made or caused upon any premises occupied by them, or in or upon any public street, alley, thoroughfare or public park in the city, any loud and unnecessary noise or sound which is physically annoying to persons or which is so harsh or so prolonged in its use, time and place as to occasion physical discomfort, or which is injurious to the health, peace, comfort, privacy and tranquility of the inhabitants of the city or to any of them.
Section 2. Statement of Intent  
No provision of Sections 3 or 4 of this chapter shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinion at a reasonable hour.  It is the purpose of this chapter to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises, especially during the hours of 10 p.m. thru 7 a.m. Sunday – Thursday and 12 a.m. thru 7 a.m. Friday – Saturday.
Section 3. Disturbing the Peace
(a) It is unlawful for any person to make, continue, maintain or caused to be made or continue an excessive, unreasonable or unusually loud noise which disturbs, injures and endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.
(b) It is 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 party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this chapter; 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 chapter.
(d) For the purpose of this chapter the term “neighboring inhabitants” includes those persons in single or multiple-family dwellings within the vicinity of the noise.
Section 4. Exemptions
The requirements of sections 2 and 3 shall not apply to the following provided that all equipment is in repair and operating properly:
(a) Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;
(b) Emergency vehicles;
(c) Alarm systems;
(d) Trash and waste pickup operations;
(e) Aircraft;
(f) Noise resulting from activities of a temporary duration planned by school governmental or community groups;
(g) Air conditioners;
(h) Church bells and campanile chimes;
(i) Businesses in normal operations;
(j) Farm Operations or farm equipment;
(k) Or exemptions to this ordinance given to anyone who requests in writing or in person to the city council for approval at least on week prior to an event.
Section 5. Penalty
A violation of this is a class B misdemeanor violation as defined by the Uniform Public Offense Code.
Section 6. Repeal
All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.
Section 7.  Force and Effect
This ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City of Holyrood and publication in the official city newspaper.
Passed by the Governing Body of the City of Holyrood this 8th day of September, 2015.

Kenny A. Schepmann, Mayor
City of Holyrood, Kansas

ATTESTED BY:

Neysa Brown, City Clerk

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