CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

Wasting water, gas, etc., is willfully causing the waste of any water, gas, steam or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.

Wasting water, gas, steam or hot air is a Class C violation.

(Ord. 928A; Code 1998)

Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting.

Disturbance of religious assemblies is a Class C violation.

(Ord. 928A; Code 1998)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within or on the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   Sound Amplification System means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   Plainly Audible means any sound produced by a sound amplification system from within or on the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway.

(d)   It is an affirmative defense to a charge under this section, that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the city or a gas, electric, communications or refuse company.

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with the ordinances of the city.

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(Ord. 1009; Code 1998)

It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building, or to loiter in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of occupants of any such house, room or building.

Violation of the section is a Class C violation.

(Ord. 928A; Code 1998)

It shall be unlawful for any person over the age of four years old to urinate upon any highway, street, alley or upon the premises of any public place or building or upon private property in open view of any person when the same has not been designated or designed as a restroom.

Urinating upon public or private property is a Class C violation.

(Ord. 928A; Code 1998)

It shall be unlawful for any person to construct, set up or maintain any fence or enclosure within the city which is electrified, charged or otherwise powered by alternating or direct current electricity.

Violation of this section is a Class C violation.

(Ord. 928A; Code 1998)

(a)   It is unlawful within the city for any person upon a skateboard; roller skates or similar devices:

(1)   To go upon any property, whether publicly or privately owned, within the area bounded by the businesses on the south side of Fourth Street beginning at the intersection of Fourth Street and Linden, thence east to the center line of Main Street, thence north to the center line of Fifth Street, thence west to a point behind the business located at 203 W. 4th, thence north to the center line of Sixth Street, thence west to the west line of Linden, thence south to the point of beginning at the intersection of Fourth Street and Linden.

       This subsection shall not apply to:

(A)  Property which is specifically intended for commercial skateboard use, such as a skateboard park or similar facility;

(B)  Property where the owner has given permission for the use of skateboards, roller skates or similar devices and such property is clearly and visibly marked by a sign or signs indicating that skateboards, roller skates or similar device use is allowed thereon. Such signs shall have lettering of at least one and one-half inches high and one-half inch wide.

(2)   To go upon any or in any city-owned parking lot or facility.

(3)   To go upon any other parking lot, parking garage or property within the city when such property is clearly and visibly marked by a sign or signs indicating that skateboards, roller skates or similar device use is prohibited thereon. Such signs shall have lettering of at least one and one-half inches high and one-half inch wide. When such signs are present upon privately owned property, the police department shall be authorized thereby to enforce the provisions of this article.

(4)   To coast or otherwise move upon a skateboard, roller skates or similar devices in a reckless manner on any public sidewalk within the city, or without exercising due care for the safety of others using the sidewalks, or to otherwise endanger or interfere with pedestrian traffic.

(b)   Violation of any of the provisions of this section is a misdemeanor and shall be punished by a fine of not more than $100.

(c)   In addition to the penalty for violation of this section, any skateboard, roller skates or similar devices may be seized in connection with the violation and may, in the discretion of the trial court be released back to the rightful owner upon their appearance in court or may otherwise be destroyed by the chief of police when the property is no longer needed for evidence.

(Ord. 1508; Code 1998)

(a)   It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, or loiter, or play in, about, or upon any public street, alley, sidewalk, vacant lot, parking lot, park playground, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or any other means after the hour of 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday nights; and after the hours of 12:00 midnight on Friday and Saturday nights, and before the hour of 6:00 a.m. of any mornings; provided that such prohibitions shall not apply to those children who are accompanied by a parent or legal guardian, nor to those who are en route by the most direct and accessible route from their homes to an authorized place of employment, nor to those who are en route by the most direct and accessible route from an authorized place of employment, authorized place of entertainment, or authorized place of attendance to their residences; provided further, that the term authorized as used in this section shall denote prior authorization by a parent or legal guardian.

(b)   It shall be unlawful for any parent or legal guardian of any child under the age of 18 years to suffer, permit or allow such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, in violation of this section.

(c)   Any officer finding a child violating this section shall warn said child to cease and desist such violation and immediately return home to their parent and/or guardian. Any child violating the provisions of this section shall be dealt with according to Kansas Code for Care of Children K.S.A. 38-5101 et seq.

(d)   Officers shall forthwith cause a written notice to be served upon the child’s parent or guardian, setting forth the manner in which this section has been violated. If said parent or guardian permits said child to continue violating the provisions of this section after receiving said written notice of the first violation, they shall be subject to a fine not to exceed $500.00 for each violation.

(Ord. 1529; Code 2011)

(a)   No person shall throw, place, or drop litter from a motor vehicle upon any public street or alley. No person shall throw or deposit any litter upon any public or private property without the consent of the owner of said property. When litter is thrown or placed upon public or private property there shall be a rebuttable presumption that the owner of said property had not consented thereto. Litter shall include but is not necessarily limited to rubbish, garbage, and trash, including tree limbs, yard clippings, paper, metal, plastic, glass, and similar items.

(b)   The City Burn Site has been established at 80th and Line Street for the disposal of tree limbs, brush, and leaves. Use of the site for disposal of rubbish, garbage, trash, metal, plastic, glass and similar items is prohibited. Disposal of prohibited items at the City Bum Site shall constitute littering. The site is inspected by the State of Kansas to ensure operating compliance with Kansas Open Burning Regulations (K.A.R. 28-19-64 7).

(c)   Littering is a Class C Misdemeanor and may be punished by a fine of up to $500.00 and/or 30 days in jail.

(Ord. 1639; Code 2017)

(a)   It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unreasonable or unusually loud noise which annoys, disturbs, injuries or endangers the repose, health, peace or safety of others within the city.

(b)   It shall be unlawful for any person to use, operate or permit the use of any electric device, musical instrument, sound production or reproduction device in such manner so as to disturb the peace, quiet or comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of persons who are in the room, vehicle or chamber where such device is being operated and who are voluntary listeners thereto. Neighboring inhabitants shall include persons occupying nearby residences and include other tenants within multiple-unit dwellings.

(c)   No person shall be part of a gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of nearby residents. A police officer may order all persons present at any location where a gathering or party exists in violation of this section to immediately disperse in lieu of being charged under this section. Failure to so disperse shall make such person equally responsible with the person in charge of the premises and/or the person causing the disturbance. The owners or tenants of the dwelling unit shall immediately abate the disturbance under this subsection and, upon their failure so to do, shall be in violation of this subsection.

(d)   Any person who shall violate the provisions of this section shall, upon conviction thereof, be guilty of a Class C Misdemeanor and punished by a fine of up to $500.00 and/or 30 days in jail.

(Ord. 1640; Code 2017)

It is unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the city any mechanical exhaust device designed to aid in the stopping or braking of the vehicle in a manner so as to create excessive, loud, or unusual or explosive noise from the vehicle. Violation of this section is a traffic infraction punishable by a fine of $50.00 for the first violation, $100.00 for the second violation, and $200.00 for the third and each subsequent violation.

(Code 2017)