CHAPTER 5
GENERAL OFFENSES

SECTION:

5-5-1: Sound Amplification Systems

5-5-2: Use, Possession, And Sale Of Toxic Vapors

5-5-3: Interference With Swimming Pool Operations

5-5-4: Unlawful Storage, Sale, And Discharge Of Fireworks; Unlawful Possession Or Discharge Of Certain Fireworks

5-5-5: Failure To Comply With Bond Conditions

5-5-6: Failure To Appear

5-5-1: SOUND AMPLIFICATION SYSTEMS:

   A.   Loud Systems Prohibited:

      1.   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 feet (50') or more from the vehicle.

      2.   Sound amplification system means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sound.

      3.   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 (50') 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.

      4.   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:

         a.   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

         b.   The vehicle was an emergency or public safety vehicle;

         c.   The vehicle was owned and operated by the city or a gas, electric, communications or refuse company;

         d.   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 ordinances of the city;

         e.   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.

   B.   Penalty: Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment of not more than six (6) 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. (Ord. 1006, 11-2-1998)

5-5-2: USE, POSSESSION, AND SALE OF TOXIC VAPORS:

   A.   Definitions: As used in this section, the phrase "toxic vapors" means and includes any substance containing one or more of the following chemical compounds or the vapors of products containing such compounds:

      Acetone;

      Amyl acetate;

      Benzol or benzene;

      Butyl acetate;

      Butyl alcohol;

      Carbon tetrachloride;

      Chloroform;

      Cyclohexane;

      Ethanol or ethyl alcohol;

      Ethyl acetate;

      Hexane;

      Isopropanol or isopropyl alcohol;

      Isopropyl acetate;

      Methyl "cellosolve" acetate;

      Methyl ethyl ketone;

      Methyl isobutyl ketone;

      Toluol or toluene;

      Trichloroethylene;

      Triorthoscresyl phosphate;

      Xylol or xylene; or

      Any other solvent, material, substance, chemical, or combination thereof having the property of releasing toxic vapors.

   B.   Prohibitions:

      1.   Use Or Possession: It shall be unlawful for any person to intentionally smell or inhale the fumes of toxic vapors or to induce any other person to do so, or to possess toxic vapors, for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the auditory, visual or mental processes.

      2.   Purchase By Minor: No person under eighteen (18) years of age shall purchase or attempt to purchase any container or object containing a toxic vapor.

      3.   Under The Influence: It shall be unlawful for any person to be intentionally under the influence of any toxic vapors.

   C.   Seizure From Person Under Age Of Eighteen Years: Any container or object containing a toxic vapor, or which has contained a toxic vapor, found to be in the possession of a person under the age of eighteen (18) years, used for an unlawful purpose as defined in this section, shall be subject to immediate seizure by any law enforcement officer.

   D.   Violation; Penalty: Any person who violates this section shall be guilty of a class A violation.

   E.   Exception: This section shall not apply to the inhalation of anesthesia for medical or dental purposes. (Ord. 1026, 4-16-2001)

5-5-3: INTERFERENCE WITH SWIMMING POOL OPERATIONS:

   A.   Interference with public swimming pool operation is intentionally or recklessly depositing or causing to be deposited any object or substance, into, upon or about any public swimming pool which results in the closing of such pool pursuant to rules of the Kansas Department of Health and Environment.

   B.   Interference with public swimming pool operation is a Class B violation. (Ord. 1269, 9-16-2024)