CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Regulations

(a)   It shall be unlawful for any person under the age of 18 years (a minor or juvenile) to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1)   For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2)   For juveniles from the age of 16 and under the age of 18, between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(b)   The provisions of subsection (a) of this section shall not apply in the following instances:

(1)   When a juvenile is accompanied by his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile;

(2)   When a juvenile is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of the juvenile;

(3)   When a juvenile is returning directly home by the most direct and efficient route, from a school activity, entertainment, recreational activity or dance;

(4)   When a juvenile is returning directly home, by the most direct and efficient route, from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(5)   When a juvenile is on the sidewalk abutting a juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the juvenile’s presence;

(6)   When a juvenile is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(7)   When a juvenile is in interstate travel through the city.

(c)   Except in circumstances set out in subsection (b) of this section, it shall be unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of 18 years to permit the juvenile, whether knowingly or through ineffective control or supervision, to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1)   For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2)   For juveniles from the age of 16 and under the age of 18, between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(d)   The governing body of the city, on specific occasions and in response to written request submitted not less than twenty-one calendar days prior to the occasion, shall have the authority to suspend by official city proclamation published in the official city newspaper, the hour of curfew as stated herein; provided, however, that no such suspension of curfew shall extend past the hour of 12 midnight.

(e)   Any person violating any of the provisions set out above in this section, upon conviction thereof, may be punished by a fine of not less than $25 nor more than $500. Further, any person violating any of the provisions set out in this section, in addition to any fines imposed, may be required to perform up to 20 hours of community service, as directed by the municipal court judge, for each and every violation. Any police officer finding a juvenile violating the provisions of this section shall cause a written notice to be served upon the parent, guardian, or person in charge of the juvenile, setting forth the manner in which the provisions of this section have been violated. For the purposes of this section, notice shall be deemed properly served upon the parent, guardian or person in charge of the juvenile if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address.

(f)   Any parent, guardian, or person having the care and custody of a juvenile who shall permit the juvenile, whether knowingly or through ineffective control or supervision, to violate the provisions of this section after receiving written notice that such juvenile has previously violated this section, may be punished by a fine of not less than $25 nor more than $500.

(Ord. 580; Ord. 845; Code 2018)

(a)   It shall be unlawful for any person charged with the violation of any city ordinance for which a fine or penalty is imposed, including but not limited to a violation of the Uniform Public Offense Code and the Standard Traffic Ordinance for Kansas Cities, or any person subpoenaed to appear as a witness, to fail to comply or to appear before the Municipal Court as directed on the summons, citation, subpoena, notice, or warrant issued to said person.

(b)   Fines. Any person convicted of violating this section shall be fined a sum to be determined by the Judge not exceeding $500.

(a)   Loud Noises. It shall be unlawful for any person to make or cause or permit to be made or caused upon any premises occupied by him or her, 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 a person 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. Nothing in this section shall be construed to prohibit the use of lawn and garden equipment, chain saws and tree trimming equipment, construction and demolition equipment, or any other equipment that is being used to perform lawful and necessary work during reasonable daylight hours.

(b)   Excessive Sound, Music or Noise. It shall be unlawful for any person or persons to play, use, operate or permit to be played, used, or operated any radio receiving set, musical instrument or any machine, equipment, or device used for the production, reproduction or creation of sound at a louder volume than is necessary for the reasonable hearing of the person so playing, using or operating such instrument, equipment, machine, or device, and the reasonable hearing of other persons who are voluntary listeners thereto, or in such a manner as to disturb the peace, quiet, and comfort of neighboring inhabitants or other residents of the city.

This prohibition shall include sound, music, or noise created by automobile radios, musical banks, groups or orchestras in public or private buildings, or public parks and private property. It shall be prima facie evidence of a violation of this section if the sound, music, or noise would be annoying, disturbing or an irritation to a reasonable person at the real property line of the real property from which the sound, music, or noise is emanating provide, however, that nothing in this section shall be construed to prohibit the playing of church chimes or the ringing of church bells, the testing or use of the civil defense warning system, authorized use of public safety vehicle sirens, or the authorized use of sound and/or amplifying units or systems on public safety vehicles.

(c)   Amplified Sound. It shall be unlawful for any person to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing any sound on the streets or public places of the city or in any place where the sound therefrom is cast directly upon the streets or in public places or which is so placed or operated that the sound  therefrom can be heard to the annoyance or inconvenience of  travelers on any street or in any public place, or of persons in  neighboring premises.

(d)   Horns, Bells. It shall be unlawful for any person to sound any horn, bell or other warning device on any automobile or other vehicle, except when required by law or when necessary to give warning.

(e)   Fines. Any person convicted of violating this section shall be fined a sum to be determined by the Judge not exceeding $500.00.

(Ord. 780; Code 2018)