Section 5.24.010 Disorderly conduct.
Disorderly conduct is, with knowledge
or probable cause to believe that such acts will alarm, anger or disturb others
or provoke an assault or other breach of the peace:
(b) Disturbing
an assembly, meeting, or procession, not unlawful in its character; or
(c) Using
offensive, obscene, or abusive language or engaging in noisy conduct tending to
reasonably arouse alarm, anger or resentment in others. (Ord. No. 39-514 §
1)
Section 5.24.020 Disturbance of public worship.
Every person within the city limits
who at any time interrupts or molests any religious society or any member
thereof or any persons, when meeting or met together for the purpose of worship
or performing any duties enjoined on or appertaining to them as members of such
society, or disquiets or disturbs any congregation or assemblage of people, met
for religious worship, by making a noise or by rude and indecent behavior or
profane discourse within their place of worship, or so near to the same as to
disturb the order or solemnity of the meeting, or menace or assault any person
being there, is guilty of a misdemeanor; provided, that this section shall not
be so construed as to deprive any religious society or assemblage of persons met
for a religious purpose of the right of laying hands upon the persons who may be
disturbing the congregation and turning them out of the church or place of
worship. (Ord. No. 11-592 § 47)
Section 5.24.030 Disturbing the peace or quiet of a family,
etc.
Any person in the city who wilfully
disturbs the peace and quiet of any person, family or neighborhood is guilty of
a misdemeanor. (Ord. No. 34-189 (part))
Section 5.24.040 Same--Penalty.
Violation of any of the provisions of
this chapter constitutes a misdemeanor, and any violation thereof shall be
punished by a fine of not more than five hundred dollars, or one year
imprisonment, or by both such fine and imprisonment. (Ord. No. 34-189
(part))
Chapter 7.40 ENVIRONMENTAL HEALTH STANDARDS (back to top)
Section 7.40.010 Definitions.
Unless otherwise specified, the
following terms as used in this chapter mean as follows:
... "Nuisance" means any condition which
is injurious to health, or is a potential health hazard, or is indecent, or
offensive to the senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property by an entire
community or neighborhood, or by a majority of persons subjected to the
condition, such condition being no less a nuisance because the extent of the
annoyance or damage inflicted is unequal....
Section 7.40.040 Nuisances.
It is unlawful for any person to
maintain or to permit to exist any nuisance as herein described. The following
conditions or materials are declared to be injurious to the health and well
being of citizens of the city and are declared to be nuisances together with
those conditions not herein enumerated by coming under the definition of
nuisance as described in Section 7.40.010.
... (11) Excessive noise resulting from industrial or commercial operations....
Section 7.41.010 Loud and unnecessary noise prohibited.
(a) It is
unlawful for any person to make, continue, or allow to be made or continued, any
excessive, unnecessary, unusual or loud noise which creates a nuisance or
injures or endangers the comfort, repose, health or safety of others, or which
interferes with the use or enjoyment of property of any person of reasonable
sensibilities residing in or occupying the area unless the making and continuing
of such noise is necessary for the protection and preservation of property or
the health and safety of some individual.
(b) The
following acts, which enumeration shall not be deemed to be exclusive, are
hereby declared to be noise nuisances in violation of this section and are
unlawful:
(1) The
playing or permitting or causing the playing of any radio, radio receiving set,
television, phonograph, "boom box," loudspeaker, drum, juke box, nickelodeon,
musical instrument, sound amplifier or similar device which produces,
reproduces, or amplifies sound when done in such a manner or with such volume,
intensity, or with continued duration so as to annoy, to distress, or to disturb
the quiet, comfort, or repose of any person of reasonable sensibilities within
the vicinity or hearing thereof. This subsection shall not apply to persons who
have written authorization for an event which includes use of such a device, or
to the police or public authorities who are using such a device in the
performance of their duties.
(2) Steam
Whistles. The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the opening or closing of the establishment or
institution, or of the time to begin or stop work, or as a warning of
danger.
(3) Exhaust of
Steam Engines, Etc. The discharge into the open air of the exhaust of any
stationary steam engine, internal combustion engine, noise creating blower or
power fans, or devices operated by compressed air, except through a muffler or
other device which will effectively prevent loud or explosive noises
therefrom.
(5) Motor
Vehicles. The use of any motor vehicle, motorcycle, bus or other vehicle so out
of repair or in such a manner as to create loud or unnecessary grating,
grinding, rattling, or other noise which shall annoy, distress, or disturb the
quiet, comfort, or repose of any person of reasonable sensibilities within the
vicinity.
(6) Peddlers,
Hawkers, Etc. The raucous shouting, whistling, yelling, singing, hooting, or
crying of peddlers, hawkers, vendors before eight a.m. or after ten p.m.
(7) Construction.
The erection, including construction, excavation, demolition, alteration, or
repair work, or the permitting or causing thereof, of any building or other
structure, or the operation or the permitting or causing the operation of any
tools, or equipment used in construction, excavation, drilling, demolition,
alteration or repair work:
(i) Other than
between the hours of seven a.m. and ten p.m.;
(ii) This
subsection shall not apply in cases of extreme and urgent necessity in the
interest of public safety and convenience, and then only by permit obtained from
and issued by the director of public works, or any of the director's duly
appointed assistants.
(8) Loading
and Unloading. The creation of loud, excessive and unreasonable noise in
connection with loading or unloading any vehicle, in the opening and destruction
of bales, boxes, crates and containers or in the handling of ash, trash and
garbage cans, either in the loading or unloading, or the creation by improper
loading of excessive and unreasonable noise by the transportation of any
materials over and along streets. (Ord. No. 41-918 § 1)
Section 7.41.020 Classification and measurement of noise.
For the purposes of determining and
classifying any noise from a fixed, stationary source as loud, unusual or
unnecessary as declared to be unlawful and prohibited by Section 7.41.010(a)
herein, the following test measurements and requirements may be applied:
(a) Noise
occurring within the jurisdiction of the city shall be measured at a distance of
at least twenty-five feet from a noise source if located within the public
right-of-way, and if the noise source is located on private property or property
other than the public right-of-way, at least twenty-five feet from the property
line of the property on which the noise source is located.
(b)(1) The noise shall be measured on
the "A" weighing scale on sound level meter of standard design and quality and
having characteristics established by the American National Standards
Institute.
(2) For
purposes of this section, measurements with sound level meters shall be made
when the wind velocity at the time and place of such measurement is not more
than five miles per hour, or twenty-five miles per hour with a wind
screen.
(3) In all
sound level measurements consideration shall be given to the effect of the
ambient noise level created by the encompassing noise of the environment from
all sources at the time and place of such sound level measurement. (Ord. No.
41-918 § 2)
Section 7.41.030 Excessive noise levels.
(a) A noise
measured or registered as provided herein from any source not exempted by this
chapter at a level which is equal to or in excess of the db(A) established for
the time period and zones listed below or that exceeds the background level by
five db(A), whichever is greater, is declared to be excessive, unusual, loud and
unnecessary, for the purposes of Section 8.41.010:
| Zone | 8 a.m. to next 10 p.m. | 10 p.m. to next 8 a.m. |
| Residential | 55 db{A} | 50 db(A) |
| Commercial | 60 db{A} | 55 db(A) |
| Light Industrial | 70 db{A} | 65 db(A) |
| Industrial | 80 db{A} | 75 db(A) |
Old Town district as set forth in
subsection (b)
Background noise means noise from all
sources other than that under specific consideration, including traffic
operating on public thoroughfares, and is established by measuring the noise
level over a fifteen-minute period of time.
(b) The noise
levels for subsection (a) of this section shall be modified for the Old Town
district as follows:
(1) Noise
levels may exceed background levels by five db(A) to a maximum of eighty
db(A).
(2) Noise
levels shall be measured from the outside property line when measurements are
being made of an activity on a property other than streets or public
right-of-way.
(3) Noise
levels under this section may be increased or waived for specific special events
when approved in advance by the city manager under procedures adopted by the
city council.
(c) For
purposes of this section, the aforementioned zones shall be defined as
follows:
(1) "Residential"
means an area of single or multifamily dwellings where businesses may or may not
be conducted in such dwellings. The zone includes areas where multiple unit
dwellings, high-rise apartment districts and redevelopment districts are
located. A residential zone may include areas containing accommodations for
transients such as motels and hotels and residential areas with limited office
development, but it may not include retail shopping facilities. "Residential"
zone includes educational facilities, hospitals, nursing homes and similar
institutions.
(2) "Commercial"
means an area where offices, clinics and the facilities needed to serve them are
located; an area with local shopping and service establishments located within
walking distances of the residents served; a tourist-oriented area where hotels,
motels and gasoline stations are located; a large integrated regional shopping
center; a business trip along a main street containing offices, retail
businesses and commercial enterprises; a central business district; or a
commercially dominated area with multiple unit dwellings.
(3) "Light
industrial" means an area containing clean and quiet research laboratories, an
area containing light industrial activities which are clean and quiet; an area
containing warehousing; or an area in which other activities are conducted where
the general environment is free from concentrated industrial activity.
(4) "Industrial"
means an area in which noise restrictions on industry are necessary to protect
the value of adjacent properties for other economic activity, but shall not
include agricultural operation.
(5) "Old Town
district" means the Old Town overlay district as defined in the zoning
code.
(6) Adjacent
Zones. When a noise source can be measured from more than one zone, the
permissible sound level of the more restrictive zone shall govern. (Ord. No.
44-294 § 1)
Section 7.41.040 Exceptions.
The following activities, as long as
they are conducted in daytime hours as a normal function of a permitted use and
the equipment is maintained in proper working condition, are excepted from the
provisions of this chapter:
(a) Lawn
maintenance;
(b) Repair of
personal use vehicles;
(c) Home
repair of place of residence. (Ord. No. 41-581 § 4)
Section 7.41.050 Enforcement.
In addition to all law enforcement officers, the following personnel employed by the city shall have the power to enforce the provisions of this section:
(a) All health officers that are authorized representatives of the director of the Wichita-Sedgwick County department of community health;
(b) All authorized representatives of the superintendent of central inspection. (Ord. No. 41-58 1 § 5)
Section 7.41.060 Penalty.
Any person who violates any of the
provisions of this section within the corporate limits of the city is guilty of
a misdemeanor and upon conviction thereof shall be fined in an amount not
exceeding one thousand dollars or be imprisoned in jail for a period not to
exceed six months, or by both such fine and imprisonment. Each day a violation
is committed or permitted to continue shall constitute a separate offense. (Ord.
No. 41-581 § 6)
Chapter 9.20
AIRCRAFT AND AIRPORTS* (back to top)
Section 9.20.080 Same--Regulations as to flights originating
and terminating in city carrying passengers for hire.
All flights originating and
terminating in the vicinity of the city carrying passengers for hire for
sight-seeing purposes or for advertising purposes, over the corporate limits of
the city shall be governed by the following regulations:
(c)... ALTITUDE
AND NOISE BETWEEN 7:00 A.M. AND 10:00 P.M. Between the hours of 7:00 a.m. and 10:00 p.m., no such aircraft shall fly at such an altitude that the noise from its operation shall constitute a disturbance of the peace and quiet of the residents of any portion of the city and in no event shall such aircraft fly at a lower altitude than three thousand feet, except in landing and taking off as provided for in Section 9.20.050.
(d) REVOCATION
OF PERMIT FOR VIOLATION OF PRECEDING SUBSECTION. Should any person violate the preceding subsection his permit may be immediately suspended by the city manager and shall remain suspended until the next regular meeting of the board of commissioners, when such permit may be revoked by the board of commissioners if they find that the preceding Subsection has been violated. (Ord. No. 14-401 §
6)
Chapter 11.60
EQUIPMENT* (back to top)
Section 11.60.240 Mufflers.
(a) Every
vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle at all times shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, by-pass or
similar device.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (Ord. No. 39-100 §
8)
Chapter 28.07
AIRPORT OVERLAY DISTRICTS (back to top)
Section 28.07.020 Intent and purpose.
The intent and purpose of the airport
overlay districts is to specify land use controls in addition to those in the
underlying zoning district classifications that will ensure a compatible
relationship between air force base operations and other land uses in the
vicinity of these operations. These districts will protect both the public and
the airport by reducing to a minimum, land uses that concentrate large numbers
of persons underneath runway takeoff and approach paths, where aircraft
accidents are most likely to occur and noise levels are inappropriate for
urban-density residential and high intensity nonresidential uses. The area
protected falls into both airport hazard zones and accident potential
zones.
Based upon the January, 1987 Air
Installation Compatible Use Zone Study (AICUZ) for McConnell Air Force Base and
based upon the revised accident data for the proposed 1990 AICUZ reports, the
governing body finds and determines that airport overlay districts defined
herein are areas in significant danger of aircraft accidents because such areas
are beneath airspace (takeoffs and approach paths) where the potential for
aircraft accidents is likely to occur. The measurements for these districts in
this chapter are subject to amendment as changes occur in the takeoff and
approach paths, and as types of aircraft operations change.
All uses shall be in compliance with
the airport hazard zoning code (Chapter 28.08). In the event of conflict between
any airport zoning regulations and any other city regulation applicable to the
same property, the more stringent limitation or regulation shall govern and
prevail. (Ord. No. 41-495 § 2)