8-1001 Purpose and intent.
The purpose of this article is to promote the health, safety, and welfare of residents by preventing excessive noise and establishing measurable standards.
(Ord. 1083)
8-1002 Definitions.
Decibel (dB): Unit measuring sound pressure level.
dBA: A-weighted sound scale.
Property Line: Legal boundary of property.
Receiving Property: Property where sound is heard.
Sound Level Meter: ANSI Type 1 or 2 compliant device.
Plainly Audible: Sound clearly heard by normal hearing.
Animal Noise: Barking, howling, whining, or similar sounds.
(Ord. 1083)
8-1003 Maximum sound levels.
| Residential: | |
|---|
| 7:00 a.m. – 10:00 p.m.: | 65 dBA |
| 10:00 p.m.–7:00 a.m.: | 55 dBA |
| Commercial: | |
| 7:00 a.m.–10:00 p.m.: | 70 dBA |
| 10:00 p.m.–7:00 a.m.: | 60 dBA |
(Ord. 1083)
8-1004 Distance standard.
Violation if sound is plainly audible at:
50 feet (daytime)
25 feet (nighttime)
Or inside another residence.
(Ord. 1083)
8-1005 Animal noise.
Violation if:
Continuous noise ≥10 minutes
OR intermittent ≥30 minutes in 1 hour
OR audible at 50 ft day / 25 ft night
OR audible inside another residence.
(Ord. 1083)
8-1006 Prohibited acts.
(a)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.
(b)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.
(c)Peddlers, Hawkers, Etc. The raucous shouting, whistling, yelling, singing, hooting or crying of peddlers, hawkers, vendors before 8:00 a.m. or after 10:00 p.m.
(d)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:
(1)Other than between the hours of 7:00 a.m. and 10:00 p.m.;
(2)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.
(e)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 other than between the hours of 7:00 a.m.to 10:00 p.m.
Includes loud music, vehicle systems beyond 50 ft., shouting, outdoor speakers, repeated disturbances, and animal noise violations.
(Ord. 1083)
8-1007 Measurement.
Measured at property line or 50 ft using dBA, averaged over 15 seconds. Enforcement may use meter or audible standard.
(Ord. 1083)
8-1008 Exemptions.
Emergency services, permitted events, government/school activities, agricultural operations.
The following activities, as long as they are conducted in daytime hours as a normal function of permitted use and the equipment is maintained in proper working condition, are excepted from the provisions of this article: (a) Lawn maintenance; (b) Repair of personal use vehicles; (c) Home repair of place of residence
(Ord. 1083)
8-1009 Application to use sound amplification devices.
It shall be unlawful to use a sound amplification device unless the person or entity desiring to use the same receives written authorization for the use of sound amplification equipment as authorized. A person must complete and file an application for such authorization with the City Office on a form approved by the City. The applicant must provide the following information: (1) The type of proposed event or activity; (2) The number of participants for the proposed event or activity; (3) The location, including street address of the area to be utilized for the activity; (4) The date or dates and specific times for the activity; (5) The plans for sound control and sound amplification, including the number, location and power of amplifiers and speakers. (6) The name, address and phone number of the party responsible for the event.
(Ord. 1083)
8-1010 Enforcement.
Police or code officers enforce this article.
(Ord. 1083)
8-1011 Penalties.
1st: Warning/$100
2nd: $250
3rd+: $500
(Ord. 1083)
ARTICLE 9. FAIR HOUSING
8-901 Statement of policy.
The governing body hereby declares it to be the public policy of the city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain housing accommodations or real property without regard to race, color, religion, sex or national origin. This article shall be deemed an exercise of the police powers of the city for the protection of the public welfare, prosperity, health and peace of the people of the city.
(Code 1982, 8-301)
8-902 Definitions.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:
(a)Person — shall include any individual, firm, partnership, corporation or financial institution.
(b)Discriminate — means to make distinctions in treatment because of race, color, religion, sex, ancestry or national origin of any person.
(c)Family may include one or more persons.
(d)Real Property — means and includes all vacant and unimproved land or interest therein and any building or structure or interest therein which is occupied and designed or intended for occupancy, or a building or structure or interest therein having a portion thereof which is occupied or designed or intended for occupancy.
(e)Housing Accommodation — shall mean any building or portion thereof or interest therein, whether such building or portion is constructed or is to be constructed, which is used or intended for use as a residence or sleeping place of one or more persons.
(f)To Rent means to lease, to sublease and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(Code 1982, 8-302)
8-903 Discriminatory practices.
It shall be unlawful for any person to:
(a)Refuse to sell or rent any housing accommodations or real property on the basis of discrimination.
(b)Impose upon any person unusual or extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or subleasing of any housing accommodation or real property, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person on the basis of discrimination.
(c)Discriminate in lending money, guaranteeing, loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or real property, or to place unusual, extraordinary or onerous rates of interest, terms or conditions on the lending of the money, the guaranteeing of the loans, acceptance of the mortgages or the availability of such funds.
(Code 1982, 8-303)
8-904 Same; services, inspection, resale.
It shall be unlawful to:
(a)Discriminate in furnishing any facilities or services to any housing accommodation or real property.
(b)Discriminate in the selling, renting, leasing, assigning or subleasing of any housing accommodation or real property or to indicate in any way that any housing accommodation or real property is not available for inspection, sale, rental or lease, or otherwise to deny or withhold any housing accommodation or real property on the basis of discrimination.
(c)Include in any agreement relating to the sale or rental of any housing accommodation or real property as a condition of the transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sublease to any person because of his or her race, color, religion, sex or national origin.
(Code 1982, 8-304)
8-905 Same; threats, abetting, influence.
It shall be unlawful for any person to:
(a)Engage in any form of threats or reprisal or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is harass, degrade, embarrass, or to cause physical harm or economic loss to any person because such person complies with the provisions of this article or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceeding under this article.
(b)Aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discrimination practice under the provisions of this article or to obstruct or prevent compliance with the provisions of this article or to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.
(c)Induce or attempt to induce the sale or listing for the sale of any housing accommodation or real property by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the housing accommodation or real property is located or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex or national origin in the area will or may result in:
(1)The lowering of property values;
(2)A change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;
(3)An increase in criminal or antisocial behavior in the area;
(4)A decline in the quality of the schools serving in the area.
(Code 1982, 8-305)
8-906 Same; misrepresentation, advertising.
It shall be unlawful for any person to:
(a)Make any representations to any prospective seller, real estate broker, salesman, agent, owner or to any financial institution for the purpose of obtaining facts or evidence of a discriminatory practice when such representation is not made for a bona fide purchase or rental of housing accommodations on real property. This section shall not apply to any person employed by the city or the state whose duty it is to assist in the prosecution of violations of civil rights relating to open housing.
(b)Directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase or rental, listing, showing or the lending of funds in connection with any housing accommodation or real property by persons of any particular race, color, religion, sex or national origin is unwelcome, objectionable, not acceptable or not solicited.
(Code 1982, 8-306)
8-907 Exemptions.
Nothing in this article shall:
(a)Prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of housing accommodations or real property which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, national origin or ancestry.
(b)Prohibit a non-profit club, in fact not open to the public, which as an incident to its primary purpose or purposes provides housing accommodation owned or operated for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from g1v1ng preference to its members, unless membership in such club is restricted by reason of race, color, sex, national origin or ancestry.
(c)Apply to rental of housing accommodation in a building containing accommodations for no more than two families, one of which is occupied by the owner or his or her family at the time of rental.
(d)Apply to the rental of less than four rooms in a single housing accommodation to another person or person by the owner of each accommodation in which members of his or her family reside.
(Code 1982, 8-307)
8-908 Human relations commission.
There is hereby created a commission to be known as the human relations commission. The commission shall consist of five members to be drawn from diverse segments of the community, who shall be citizens of the city and who shall be appointed by the mayor, with the consent of the governing body. The terms of office of each member of the commission shall be for three years or until his or her successor is appointed, with three members to be appointed on July 3oth of each subsequent year hereafter. No member shall serve more than two successive full terms.
(Code 1982, 8-308)
8-909 Rules of business.
The commission shall elect (by secret ballot) one of its members as chairperson, who shall preside at all meetings of the commission and shall perform all duties and functions of the chairperson thereof. The commission shall elect, (in the same manner) one of its members as vice chairperson who shall act as chairperson during the absence or incapacity of the chairperson, and when so acting, the vice chairperson shall have and perform all the duties and functions of the chairperson. In the event neither the chairperson nor vice chairperson can attend a regular or special meeting, the chairperson shall designate a member of the commission as acting chairperson for that meeting only. The term of office of the chairperson and vice chairperson shall be for one year. No person shall serve for more than two consecutive terms in the same office, unless such election to the immediately subsequent term be made by the members of the commission by a unanimous vote. The chairperson or vice chairperson may resign from his or her office at any time during his or her term and may do so without resigning from the commission. In such event, the commission shall elect another member to replace him or her and such person shall serve the unexpired term of office of the person he or she replaces. A majority of the presently serving members of the commission shall constitute a quorum for the purpose of conducting business thereof. The members of the commission shall serve without compensation.
(Code 1982, 8-309)
8-910 Human resources director.
The city clerk shall serve as the human resources director. Among the duties to which the director shall be assigned is that of administrative staff member to the commission.
(Code 1982, 8-310)
8-911 Administration; complaint procedure.
(a)Any person claiming to have been subjected to any discriminatory practice as defined by this article may file a complaint by appearing before the human relations commission and furnishing such information as the commission may require. Any complaint filed pursuant to this section must be filed with the human relations director within 60 days of the date of the alleged incident.
(b)Every complaint of a violation of this article shall be referred to the human relations commission. The human relations commission shall forthwith notify in writing the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time.
(Code 1982, 8-311)
8-912 Same; investigation.
The human relations commission may designate three of its members to make a prompt and full investigation of the unlawful discriminatory housing practice alleged or may direct investigation to be made by the human resources director. Such committee or other investigator shall make a determination and report to the full commission the findings of their investigation within 30 days after original receipt of such complaint. For good cause shown, the human relations commission chairman may grant one additional 30 day period to make findings.
(Code 1982, 8-312)
8-913 Same; disposition.
(a)If the human relations commission, after its investigation and the investigation, if any, conducted by authorized employees of the city, finds that there is no merit to the complaint, the same shall be dismissed. If the human relations commission finds that there is merit to the complaint, in their opinion, then and in that event, the commission will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
(b)If the human relations commission is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then, and in that event, the commission shall forward the complaint to the city attorney for handling. The final determination of whether or not to prosecute on the complaint shall be left to the city attorney.
(Code 1982, 8-313)
8-914 Enforcement.
The city attorney, instead of filing a complaint in municipal court may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate district court of the State of Kansas.
(Code 1982, 8-314)
8-915 Construction.
The provisions of this article shall be construed liberally for the accomplishment of the purpose thereof. Nothing contained in this article shall be deemed to repeal any of the other provisions of any law of this city relating to discrimination because of race, color, religion, sex, ancestry or national origin of any person. Nothing contained in this article shall require any person to commit any act, or be a part thereto which would constitute a violation of any existing law or ordinance.