HomeMy Public PortalAboutOrd 375 Loud Sound Systems
(First Published in the Ark Valley News
on the _ day of , 2002.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. :3? 5
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 in an open space or within a structure, whether on public or private
property, shall operate or permit the operation of any sound amplification system so that
the sound is plainly audible at a distance of 150 or more feet from the sound
amplification system.
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 which clearly can be heard at a distance of 150 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.
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
either of the following apply:
(1) The system was being operated to request medical or other
emergency assistance or to warn of a hazardous condition;
(2) The system 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. Penalty
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.
Passed by the City Council this J~ day of ~A ,2002.
Approved by the Mayor this 3ALi day of ~/i;nrrl~ ,2002.
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CITY CL K, SHERRYL L. CUTTER
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