Journal-World classified (published 04/18/2012)

(Published in the Shawnee
Dispatch, Wednesday, April
11, 2012)

CITY OF SHAWNEE
ORDINANCE NO. 3020

AN ORDINANCE AMENDING
TITLE 9 OF THE SHAWNEE
MUNICIPAL CODE, TO ADD A
NEW CHAPTER 9.70 REGULATING NOISE WITHIN RESIDENTIAL AREAS OF THE
CITY

BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF SHAWNEE, KANSAS:

PARAGRAPH ONE.

Title 9 of the Shawnee Municipal Code is hereby
amended to add a new
Chapter 9.70 to read as follows:

9.70.010 Purpose.

The Governing Body finds
and determines that unreasonable noise volumes
within residential neighborhoods of this City that
would be a nuisance to a
reasonable person of normal unaided auditory sensibilities, can create a nuisance which causes annoyance, inconvenience or
damage to the public with
respect to the public's
comfort, health, safety,
welfare and enjoyment or
residential use of property
during late evening and
overnight hours. It is the
purpose and intent of this
Chapter to define and proscribe those conditions
which are injurious to the
public and which constitute
a public nuisance.

9.70.020 Definitions.

As used in this Chapter, unless from the context a different meaning is intended,
or the Code directs that a
different definition is to be
applied to a provision, the
following terms, abbreviations, or phrases shall have
the following meanings:

Plainly Audible means
clearly capable of being
heard by a reasonable person of normal auditory sensibilities using unaided auditory senses at a volume
level above that of a normal
conversation. It is not necessary to distinguish words
or melodies. A Plainly Audible sound may consist of
bass alone. Words or
phrases need not be discernible and bass reverberations are included. Measurement standards shall be
by the unaided auditory
senses of a reasonable person based upon direct line
of sight.

Residential Area(s) means
any place or area where the
property is utilized for residential occupancy, including single family,
two-family and multi-family
dwellings, and including
property upon which a residential use exists within
any zoning district.

9.70.030 Residential Noise
Disturbances Prohibited.

It shall be unlawful to make
or cause to be made a
Noise Disturbance within a
Residential Area from 10:00
p.m. through 7:00 a.m.
within this City. This Section shall prohibit a sound
or noise from any source
not exempted by this Chapter, which, is excessive, unreasonable, or repetitive, in
terms of volume so as to
disturb the peace, quiet
and comfort, and be offensive to the reasonable person of normal auditory sensitivity residing in or occupying a Residential Area.

The fact that a noise or
sound is Plainly Audible
across any property boundary line in a Residential
Area during the specified
prohibited times constitutes prima facie evidence
of a violation of this Section. Provided however, in
the case of a multiple family dwelling a noise or
sound shall be Plainly Audible at a distance of fifty
(50) feet or greater from
the originating source in a
Residential Area during the
specified prohibited times
before such noise or sound
constitutes prima facie evidence of a violation of this
Section.

9.70.040 Exemptions.

This Chapter shall not apply to public safety vehicles, fire, police, or public
works, emergency activities of any utility company,
any emergency activity
conducted at the direction
of law enforcement or fire
personnel, or warning devices for railway crossings
operated in accordance
with federal law.

This Chapter shall not apply to the sound from the
operation of emergency
generators used in emergency situations when
electricity from the grid is
unavailable.

This Chapter shall not apply to the sound from the
temporary use of property
authorized by a Special
Event Permit in accordance
with Chapter 17.67 of this
Code, fireworks displays
authorized by Permit in accordance with Chapter
15.32 of this Code, or City
sponsored events at the
Shawnee Town public facility.

9.70.050 Penalty.

A violation of this Chapter
shall be a Class C Offense.

Upon a first conviction for a
violation of this Chapter,
the Court shall assess a
fine of not less than fifty
dollars ($50.00) and/or up
to one month in jail. Upon a
second conviction, the
Court shall assess a fine of
a fine of not less than one
hundred and fifty dollars
($150.00) and/or up to one
month in jail. Upon a third
or subsequent conviction,
the Court shall assess a
fine of not less than two
hundred and fifty dollars
($250.00) and/or up to one
month in jail. No prior conviction shall be considered
in determining the penalty
to be assessed if
twenty-four (24) months
have elapsed between the
date of the violation and
the date of the conviction
next immediately preceding the sentencing date.

Each day that any violation
occurs or continues shall
constitute a separate offense.

It is irrelevant whether an
offense occurred before or
after conviction for a previous offense.

PARAGRAPH TWO. EFFECTIVE DATE.

This Ordinance shall take
effect and be in full force
and effect on and after
publication in an official
City newspaper.

PASSED by the Governing
Body this 9th day of April,
2012.

APPROVED and SIGNED by
the Mayor this 9th day of
April, 2012.

/s/ Jeff Meyers, Mayor

ATTEST:

/s/ Keith D. Campbell,
City Clerk

APPROVED AS TO FORM:

/s/ Marvin E. Rainey,
City Attorney
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