HomeMy Public PortalAboutOrd 318 Prohibit Loud Sounds
(First ~shed in the Ark Valley News
on the day of Irrt q ,1999.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 3 I 8
AN ORDINANCE REGULATING NOISE WITHIN THE CORPORATE
LIMITS OF THE CITY OF BEL AIRE, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Loud Sound Amplification Systems Prohibited
No person operating or occupying a motor vehicle on a street, highway, alley,
parking lot, or driveway, whether public or private, shall operate 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. The motor vehicle may be
stopped, standing, parked or moving on a street, highway, alley, parking lot, or
driveway.
Section 2. Definitions
For the purpose of this ordinance, "sound amplification system" means any
radio, tape player, compact disc player, loud speaker, or other electronic device used
for the amplification of sound.
For the purpose of this ordinance, "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 bass
reverberations are included.
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Section 3. Affirmative Defense
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, and that
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 and operated by the City of Bel Aire or a
gas, electric, communications or refuse company; or
(4) The vehicle was used in authorized public activities, such as
parades, fireworks, sports events, musical productions and other
activities which have the approval of the Governing Body of the
City of Bel Aire or the department of the City of Bel Aire authorized
to grant such approval.
Section 4. Penaltv
Any person, individual, partnership, corporation or association who violates any
of the provisions of this ordinance is guilty of an ordinance violation, and upon
conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment of not
more than six months, or by both such fine and imprisonment. Each day any violation
hereof is found to exist or continues to exist shall be a separate offense and punishable
as such hereunder.
Section 5. Effective Date
This Ordinance shall take effect and be in force from and after its publication in
the official city newspaper.
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Passed by the City Council this J;P day of
Approved by the Mayor this I ~ day of
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CITY C~ERRYL L CUTTER
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