CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Regulations

(a)   It shall be unlawful for any person under eighteen (18) years of age to be upon any public street, alley or other public grounds within the City between the hours of one minute after midnight (12:01 A.M.) and five o’clock (5:00) A.M. of any day, unless such person shall be accompanied by his or her parent or guardian, or shall then and there have in his or her possession written permission from such parent or guardian, so as to be abroad at such time; provided however, that any such written permission shall be limited to a specific date and blanket permission shall be of no force or effect whatsoever.

(b)   Any parent, guardian, or other person having actual custody of any person under eighteen (18) years of age who shall allow, permit, aid, or abet such person under eighteen (18) years of age to violate subsection (a) shall be deemed guilty of contributing to such person’s violation hereof and shall be, upon conviction, fined not less than fifty dollars ($50) and not more than five hundred dollars ($500) per offense.

(a)   Giving an insufficient funds check is the making, drawing, issuing, or delivering of any check or draft on any bank or depository for the payment of money or its equivalent, to the City, knowing at the time that the check or draft was issued that there were no deposits in or insufficient credits with the bank or depository to pay the check or draft in full upon presentation.

(b)   The City Clerk is hereby authorized to charge to the maker a service fee in the amount of $30 for each check returned as “insufficient funds” after having given notice to the maker of the check of its insufficiency. The word “notice” as used herein shall be construed to include notice to the person entitled thereto, given orally or in writing. Notice in writing shall be presumed to have been given when deposited in restricted matter United States mail, addressed to the person making the check.

(Code 2020)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway 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 fifty or more feet from the vehicle.

(b)   Definitions.

(b)   “Sound amplification system” means any radio, tape player, compact disc player, loud speaker, or other mechanical or electronic device used for the amplification of sound.

(c)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty 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. The motor vehicle may be stopped, standing, parked, or moving on a street, highway, alley, parking lot, or driveway.

(d)   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 Louisburg or a gas, electric, communications, or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in compliance with the City Code of the City of Louisburg;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sport events, musical productions, and other activities which have the approval of the department of the City authorized to grant such approval.

(Code 2020)

(a)   It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Louisburg.

(b)   It shall be unlawful for any person to use, operate or permit the use or operation of any mechanical or electronic device, radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. "Neighboring Inhabitants" shall include persons living within or occupying residential districts of single- or multiple-family dwellings and shall include areas where multiple-unit dwellings and high-density residential districts are located.

(c)   No person shall congregate because of, participate in, or be in any party or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating said disturbance. A Police Officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this Section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this Section.

(d)   Prima Facie Violation. It shall be a violation of this Section for anyone to operate any tools, equipment, vehicle, electronic device, instrument, television, phonograph, stereo, machine, or other noise or sound-producing device, in such a manner as to be plainly audible at an adjacent property line, or for fifty (50) or more feet in the case of multiple-family dwelling, during the following hours:

(1)   Sunday night through Friday morning between the hours of 10:00 P.M. and 7:00 AM.;

(2)   Friday night between the hours of 11:00 P.M. and 7:00 AM., Saturday morning; and

(3)   Saturday night between the hours of 11:00 P.M. and 8:00 AM., Sunday morning.

(e)   Exemptions. Sounds emanating from the following shall be exempt from the provisions of (a) through (d) above:

(1)   Emergency vehicles;

(2)   Public safety vehicles;

(3)   Emergency activities of the Fire or Police Department;

(4)   Emergency activities of any utility company; and

(5)   Public works vehicles and activities.

(f)   Any violation of this section may be subject to municipal court violation.

(Code 2020)

It shall be unlawful for any person to trespass upon the property owned or occupied by another for the purpose of looking into or peeping into any window, door, skylight or other opening in any house or building located thereon without having a lawful purpose for such observation. Any person violating the provisions of this section shall, upon conviction thereof, be fined in a sum not less than $100.00 nor more than $500.00, or be imprisoned not to exceed three (3) months, or be both so fined and imprisoned.

(Code 2020)

It shall be unlawful for any person to appear in any public place in a state of nudity or indecently clad, or to make any indecent public exposure of his or her person, or to behave in any indecent or lewd manner or to commit any indecent or lewd act of any kind. Any person violating the provisions of this section shall, upon conviction thereof, be fined in a sum not less than $100.00 nor more than $500.00 or be imprisoned not to exceed three (3) months, or be both so fined and imprisoned.

(Code 2020)

It shall be unlawful for any person to use any profane, vulgar, or indecent language in or about any public building, store, or place of business, and upon any street, alley or sidewalk so as to be audible and offensive. Any person violating the provisions of this section upon conviction thereof, be fined in a sum not less than $75.00 nor more than $150.00.

(Code 2020)

It shall be unlawful for any person to write or inscribe upon the wall, window or door of any public building or structure, any obscene or vulgar picture, design, or words. Any person violating the provisions of this section shall, upon conviction thereof, be fined in a sum not less than $100.00, nor more than $500.00.

(Code 2020)

(a)   DEFINITIONS. For the purpose of this section, certain items and words are hereby defined:

(1)   “Roller Skates, Street Skates, and Skates” mean small wheels in-line or near the toe and the heel of a shoe or frame that would attach to a shoe which are used for gliding on a hard surface such as a floor, sidewalk, etc.

(2)   “Skateboards” refer to an item consisting of a short, oblong board with small wheels at each end, ridden on a hard surface such as a floor or sidewalk.

(3)   “Skate” means to operate or ride a skateboard, roller skates, or street skates.

(4)   “Eject” means to oust, remove, to put out or to expel.

(b)   SKATES AND SKATEBOARDS REGULATED.

No person shall roller skate or ride a skateboard within the City of Louisburg without complying with the terms of this Code.

(c)   SKATING OR RIDING PROHIBITED. No person shall roller skate or ride a skateboard upon the streets, sidewalks, and other public space in the central business district, an area bounded by Amity (K-68 Highway), South Third, Peoria, and Mulberry Streets.

(d)   RECKLESS OR DANGEROUS SKATING PROHIBITED. No person shall roller skate or ride a skateboard on any sidewalk or other paved surface intended for pedestrians in a reckless or careless manner, or in a manner which is likely to result in injury or harm to any person or property.

(e)   PENALTIES. Violation of this section is an unclassified misdemeanor and punishable by a fine of not less than $25 no more than $200.

(f)   Additional Penalties. In addition to and independent of the penalties provided in section (e) above, a law enforcement officer detaining a person for violating this section may impound the skateboard or roller skates for a minimum of seven (7) days and a maximum of fourteen (14) days. If the violator is a person eighteen (18) years of age or older, the skateboard or roller skates shall be released by the Louisburg Police Department if the violator appears at the Louisburg Police Department after impoundment period has expired and produces identification. In the event the violator of this section is under eighteen (18) years of age, the person or persons must appear at the Louisburg Police Department to obtain the release of the skateboard or roller skates with a parent or guardian after the impoundment period has expired. However, if the parent or guardian reside outside the City limits of Louisburg, the skateboard or roller skates may be released if the parent or guardian provide a letter addressed to the Louisburg Police Department requesting that the skateboard or roller skates be released to the minor.

(g)   In addition to and independent of the penalties provided in sections (e) and (f), a law enforcement officer may eject any person from the area specified in section (c) who is using a skateboard or roller skates within the specified area.

(Code 2020)

(a)   Drawing a weapon on another person is the drawing of a pistol, revolver, knife or other deadly weapon upon another person by a person not an officer of the law in execution of his or her duty.

(b)   It shall be a defense that the defendant was acting within the scope of K.S.A. Supp. 21-5222; K.S.A. Supp. 21-5223; K.S.A. Supp. 21-5225; K.S.A. Supp. 21-5227; K.S.A. Supp. 21-5228.

Drawing a weapon upon another person is a Class A violation.

(Code 2020)

(a)   It shall be unlawful to make graffiti. Graffiti shall mean any drawing, painting, writing, inscription, figure or mark regardless of its content of the type which is commonly known and referred to as graffiti which is written, drawn, painted, sprayed, scratched or otherwise placed or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public right-of-way.

(b)   Abatement of Graffiti

(1)   It shall be unlawful for a property owner, representative or other such person with control, occupancy or possession of real property to maintain any graffiti.

(2)   It shall be the responsibility of the owner, representative or other such person with control, occupancy or possession of real property to abate such graffiti by removing it or permanently covering it so as not to be considered a nuisance.

(3)   Abatement shall take place with ten (10) days of notice by the Codes Enforcement Office.

(4)   Notice shall be served by certified letter on the property owner, representative or other such person with control, occupancy or possession of real property.

(5)   If the owner fails to abate the graffiti after notice, the City may abate the graffiti.

(Code 2020)

(a)   Any person using the public streets of the City while jogging, running or walking during the period of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on a public street at a distance of five hundred (500) feet ahead shall be required to wear on his/her person some type of reflective apparel or materials of sufficient size and placement so as to be visible to vehicular traffic from a distance of two hundred (200) feet, in addition to complying with the provisions of the “Standard Traffic Ordinance for Kansas Cities” as adopted in Section 14-101.

(b)   Any person charged with a first offense of this Section shall not be convicted if such person produced in court or to an officer of the court evidence prior to the court date that he/she now possesses reflective apparel in compliance with this Section. Otherwise, any person convicted of violating this Section may be fined an amount up to twenty-five dollars ($25).

(Code 2020)

(a)   Declaration. It is declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility and privacy and when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; that the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants; obstructs and interferes with the free use of public sidewalks and public ways of travel; that such practice has as its object the harassing of such occupants; and without resort to such practice full opportunity exists and under the terms and provisions of this Section will continue to exist for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth and are enacted by the Governing Body of the City.

(b)   Picketing Residence or Dwelling Unlawful. It is unlawful for any person to engage in picketing before or about the presence of dwelling of any individual in the City.

(Code 2020)

No person shall urinate or defecate in or upon a street, sidewalk, alley, plaza, park, public building, public property, private parking lot or in any place open to the public or exposed to public view. This Section shall not apply to urination or defecating utilizing appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.

(Code 2020)