CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 3. EXCESSIVE NOISE

The Governing Body of the City of Cottonwood Falls, Kansas, recognizes that excessive loud noise may disrupt the peaceful environment of its citizens and can present a safety hazard to the residents of the City.

(Ord. 839; Code 2015)

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

(b)   No person shall operate or permit the operation of any loud speaker or sound amplification system on any public property or any private property that is generally accessible to the public in a manner whereby the sound is plainly audible at a distance of more than fifty feet (50’) from such load speaker or sound amplification system.

(c)   No person shall operate or permit the operation of any loud speaker or sound amplification system in a private building or dwelling unit in a manner whereby the sound is plainly audible outside said buildings structure or outside the dwelling unit.

(Ord. 839; Code 2015)

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

(b)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle or within or upon any public or private property, building or dwelling unit which clearly can be heard at a distance of fifty feet (50’) or more. Measurement standards shall be by the auditory senses, based on direct line. Words or phrases need not be discernible and bass reverberations are included.

(Ord. 839; Code 2015)

It is an affirmative defense to a charge under this article that the operator is not otherwise prohibited by law from operating the sound amplification system, and that the following exemptions to the prohibited conduct shall apply:

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

(b)   The system was being operated in an emergency vehicle, by personnel authorized to operate such vehicle;

(c)   The vehicle was owned and operated by a governmental entity or a public utility company which was being used in an official capacity; or

(d)   The loud speaker or system or vehicle was used in authorized public activities, such as parades, sporting events, school activities, or public auctions.

(Ord. 839; Code 2015)

Any person, individual, parti1ership, corporation or association who violates any of the provisions of this article is guilty of a misdemeanor and upon conviction shall be punished as follows:

(a)   For a first offense, a fine of no less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00); and

(b)   For a second and subsequent offense in a calendar year, a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00); and

(c)   Each separate offense in violation hereof which is found to exist or continues to exist shall be deemed a separate offense and punishable as such hereunder.

(Ord. 839; Code 2015)