§ 42-22. Disturbing the peace.

(a)

For purposes of protecting individuals from unreasonable intrusions caused by excessive, unnecessary, or unusually loud noises, it shall be unlawful to:

(1)

Disturb the peace and quiet of any reasonable person, family, or neighborhood.

(2)

Operate or occupy a motor vehicle on a street, highway, alley, parking lot, or driveway, or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(3)

Use a compression release engine braking system on any motor vehicle.

(b)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A compression release engine braking system is a braking device to assist in reduction or control of vehicle speed, by converting the engine from a power source to a power absorber and creating a noise plainly audible at a distance of 50 or more feet from the vehicle.

Motor vehicle means every vehicle defined, encompassed, or referred to as a "motor vehicle" in the Standard Traffic Ordinance of Kansas Cities as adopted by the City of Arkansas City.

Plainly audible means any sound produced by a sound amplification system from within 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 base reverberations are included. The motor vehicle may be stopped, standing, parked, or moving on a street, highway, alley, parking lot, or driveway.

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

(c)

Affirmative defenses. 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 where 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 or operated by the city or a utility company in the performance of its duty.

(4)

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

(5)

The vehicle was used in authorized public activity such as parades, fireworks, sporting events, musical productions, or other activities which have the approval of the department of the city authorized to grant such approval.

(Prior Code(2), § 9.02.040; Ord. No. 4143, § 1, 2008; Ord. No. 2015-12-4397, § 1, 12-1-2015)

State law reference

Disturbing an assembly, K.S.A. 21-6202; disorderly conduct, K.S.A. 21-6203.