(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) Public Parks
(1) Violation – Overnight camping. No person shall, at any time and for any duration from sunset to sunrise, erect any Tent or Other Temporary Outdoor Shelter in any area of a public park that is open to the public, except as provided for in subsection (a)(3), Exceptions.
(2) Violation – Multiday daytime camping. No person shall, at any time and for any duration from sunrise to sunset, erect any Tent or Other Temporary Structure in any area of a public park that is open to the public for more than one (1) day within any thirty (30) day period, except as provided for in subsection (a)(3), Exceptions.
(3) Exceptions.
(A) Authorized by governing body. The violations set forth in subsections (a)(1) and (2), Violation - Overnight Camping and Violation - Multi-Day Daytime Camping, respectively, shall not apply to any person who is authorized by the Governing Body of the City to .erect a Tent or Other Temporary Outdoor Shelter within a public park.
(B) Approved multiday events. Notwithstanding the exception set forth in subsection (a)(3)(A), Authorized by Governing Body. the violation set forth in subsection (a)(2), Violation - Multi-Day Daytime Camping, shall not apply to any person who is attending or participating in a multi-day sporting event or other event that is approved by the City, regardless of whether such person is individually authorized by the Governing Body to engage in such activities.
(b) Other public property.
(1) Violation. Except as provided for in subsection (b)(2), Exception, no person shall, at any time and for any duration, erect any Tent or Other Temporary Outdoor Shelter on any of the following public property:
(A) Any Public Right-of-Way;
(B) Any public building or facility; or
(C) Any real property or structure owned by a federal, state, or local government.
(2) Exception. The violation set forth in subsection (b)(1), Violation, shall not apply to any person who is authorized by the governing body of the federal, state, or local government owning such property to erect a Tent or Other Temporary Outdoor Shelter on such property.
(c) Private property. No person shall erect any Tent or Other Temporary Outdoor Shelter on any Private Property without the consent of the owner of the property or the lessee of the owner of the property.
(d) Removal from premises. In addition to any penalty provided in subsection (e), Penalty, any law enforcement officer who has probable cause to believe that a person has violated subsections (a), (b), or (c), Public Parks, Other Public Property, or Private Property, respectively, of this section shall be authorized to remove any such person and any personal property of such person from the premises. All such personal property shall be immediately returned to the person who is removed, except that any items that are illegal to possess shall not be returned to the person and shall instead be disposed of pursuant to ordinance or law.
(e) Penalty. A person who is convicted of a violation of subsections (a), (b), or (c), Public Parks, Other Public Property, or Private Property, respectively, of this section shall be sentenced as follows:
(A) First conviction. On a first conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of not more than $1.
(B) Second conviction. On a second conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of at least $20, but in no event shall the person be fined in excess of $50.
(C) Third or subsequent conviction. On a third or subsequent conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of at least $50, but in no event shall the person be fined in excess of $500.
(D) Waiver of court costs. Notwithstanding any provision of the Code to the contrary, the Municipal Judge may, in the sole discretion thereof, waive all or part of the court costs assessed pursuant to Section 9-108, Court Costs and Other Costs, upon a finding that payment of the amount would impose a manifest hardship on the person convicted.
(f) Definitions. The following terms for purposes of this section shall be defined as follows and, for any other terms that are used in this section but are not defined below, such terms shall have the meanings respectively ascribed to them elsewhere in the Code:
(1) Erect-To put up by the fitting together of materials or parts. This term shall include, but not be limited to, fixing in an upright position, causing to stand up, or causing to stand out.
(2) Public Right-of-Way - Any area of real property that the City is authorized to use or occupy for street or sidewalk purposes, regardless of the manner in which such authority was acquired and regardless of whether such area is actually used for pedestrian or vehicular travel by the public. This term shall include, but not be limited to, the curb and gutter of any street and the verge and buffer between any street and sidewalk.
(3) Street- Any "street or highway" as such term is defined by Section 14-1O1(1), Definitions, and amendments thereto.
(4) Other Temporary Outdoor Shelter-Any object that is capable of providing or supporting the enclosure, shelter, or protection of persons, animals, or property and that: (1) is constructed or erected on the ground; or (2) is attached or secured to an object that is affixed to or inserted into the ground, including, but not limited to, a light pole, utility pole, bench, tree, branch, stake, tent pole, or trekking pole. This term shall include, but not be limited to, any Tent. This term shall not be defined by the definition of the term "structure" set forth in Section 2-3, Definitions, of the Zoning Regulations of Kearny County, Kansas, the City of Lakin, Kansas, and the City of Deerfield, Kansas, and any amendments thereto.
(5) Private Property-Any real property that is owned by a person other than a federal, state, or local government.
(6) Tent- Any collapsible shelter that is commonly used for camping outdoors or used as a temporary building, which primarily consists of any fabric, including, but not limited to, nylon or canvas, that is stretched and sustained by poles.
(Ord. 933)
(a) Violation. No person shall make, continue, or permit to be made or continued any excessive, unnecessary, unusual, or loud noise that:
(1) Injures or endangers the comfort, repose, health, or safety of another person of reasonable sensibilities; or
(2) Interferes with the use or enjoyment of property of another person of reasonable sensibilities.
(b) Prima facie evidence. In any prosecution of a violation of subsection (a)(1) or (a)(2) of this section, the following shall be prima facie evidence that a noise is excessive, unnecessary, unusual, and loud, that the noise injures and endangers the comfort, repose, health, and safety of another person of reasonable sensibilities, and that the noise interferes with the use or enjoyment of property of another person of reasonable sensibilities:
(1) Amplification device. The use of an amplification device, radio, television, phonograph, drum, musical instrument, or similar device that produces, reproduces, or amplifies sound, but only upon the conditions that the sound is produced between the hours of 10:00 p.m. and 7:00 a.m. and is plainly audible at a distance of one hundred feet (100') or more from the source of the sound.
(c) Exceptions.
(1) Residential Uses. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from the reasonable use, recreational enjoyment, or maintenance of residential property, including, but not limited to, any noise made by children, lawn mowers, chippers, trimmers, blowers, and power tools.
(2) Property maintenance. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from the reasonable maintenance of any commercial or residential property, including, but not limited to, lawn mowers, chippers, trimmers, blowers, and power tools.
(3) HVAC. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from the normal heating, ventilation, and air conditioning of any building.
(4) Public events. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from any activity occurring on the fields, grounds, or facilities of any sporting arena, stadium, or sports complex to which the public has access.
(5) School activities. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated by children and other persons during any curricular or extracurricular activity occurring at any educational facility or on any athletic grounds.
(6) School and religious events. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from any event associated with public or private schools or religious institutions, including, but not limited to, fairs, festivals, cultural events, carnivals, or recreational activities.
(7) Religious worship. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from the use of bells or chimes in conjunction with places of religious worship.
(8) Emergency notification and response. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated for purposes of alerting persons to the existence of an emergency or generated in the performance of emergency work.
(9) Alarm systems. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated from the sounding of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary or emergency signaling device for emergency purposes or for testing.
(10) Public employees. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated during the performance of an official duty by any public employee.
(11) Approved special event. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated by any festival or event that occurs on public property and that is approved by the Governing Body of City.
(12) Approved waiver. The violations set forth in subsections (a)(1) and (a)(2) of this section shall not apply to any noise generated by any person or event in which the Governing Body of City has waived application of this section or any part thereof.
(d) Penalty. A person who is convicted of a violation of subsections (a)(1) or (a)(2) of this section shall be sentenced as follows:
(1) First conviction. On a first conviction of a violation of this section, the person convicted shall be sentenced to a fine of not more than $500 or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
(2) Second conviction. On a second conviction of a violation of this section, the person convicted shall be sentenced to imprisonment of not more than six (6) months and shall be fined at least $250, or sentenced to both such imprisonment and fine, but in no event shall the person be fined in excess of $1,000.
(3) Third or subsequent conviction. On a third or subsequent conviction of a violation of this section, the person convicted shall be sentenced to imprisonment of not more than six (6) months and shall be fined at least $500, or sentenced to both such imprisonment and fine, but in no event shall the person be fined in excess of $1,000.
(e) Definitions. The following terms for purposes of this section shall be defined as follows and, for any other terms that are used in this section but are not defined below, such terms shall have the meanings respectively ascribed to them elsewhere in the Code:
(1) Plainly Audible -Any sound that can be clearly heard by a law enforcement officer at the stated distance by using each of the following measurement standards and considerations:
(A) The primary means of detection shall be by means of the officer's auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid;
(B) The officer must have a direct line of sight and hearing to the source that is producing the sound so that the officer can readily identify the general source of the sound and the distance involved;
(C) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.
(D) The detection of a rhythmic bass reverberating type sound is sufficient to constitute plainly audible sound.
(Ord. 780; Code 2018; Ord. 935)