§ 8.28.020. Disturbing the peace.

A.

It is unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise which either annoys, disrupts, injures or endangers the comfort, repose, health, peace or safety of others within the City.

B.

The following specific acts pertaining to loud sound amplification systems in vehicles are acts of disturbing the peace but do not limit application of subsection A of this section to other acts to which subsection A of this section is applicable.

1.

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 within the vehicle so that the sound is plainly audible at a distance of fifty (50) feet or more from the vehicle.

2.

"Sound amplification system" means any radio, tape player, compact disc player, loud speaker, or any other electronic device used for the amplification of sound.

3.

"Plainly audible" means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words and 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, on either public or private property.

4.

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:

a.

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

b.

The vehicle was an emergency or public vehicle;

c.

The vehicle was owned and operated by the City of Larned or a gas, electric, communications, or refuse company; or

d.

The system or vehicle was used in authorized public activities, such as parades, fireworks displays, sporting events, and other activities conducted by Unified School District No. 495, Pawnee County, Kansas, the Larned Chamber of Commerce as an annual event promoting the City of Larned, the Pawnee County Fair Association at Jordaan Park in the City of Larned, Kansas, or such other activities representative of the City as a whole which have the prior approval of the City Manager or the Governing Body of the City of Larned, Kansas.

(Ord. 1287 § 2, 1995)