(a)   It shall be unlawful for any person to make, continue, maintain, or cause to be made or continue any excessive, unnecessary, unreasonable, or unusually loud noise which disturbs the repose, health, peace, or safety of other people of reasonable sensibility within the vicinity of the noise.

(b)   It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, 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 or occupying within residential districts of single- or multiple-family dwellings and shall include areas where multiple-unit dwellings, high-rise apartments and high-density residential districts are located.

(c)   Prima Facie Violation. The operation of any electronic device, set, instrument, television, phonograph, machine or other sound-producing device at any time in such a manner as to be plainly audible at either the adjacent property line, or fifty (50) feet in the case of multiple-family dwelling between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this Section.

(d)   Exemptions. The following shall not be considered to be a disturbance for purposes of this Section:

(1)   Sound from law enforcement motor vehicles and other Emergency Motor Vehicles, including, but not limited to, snow-clearing equipment.

(2)   Sound from vehicles or equipment belonging to the City, State, County, Federal government, school or other governmental agencies or utilities engaged in the operation, installation, or repair of an essential utility.

(3)   Sound from any business enterprise in full compliance with existing zoning regulations.

(4)   Sound that a person or entity is making or causing to be made when said person or entity has received and maintains a valid Community Event Permit from the City of Paola. When any such permits or licenses are issued, the City Clerk shall provide the City’s law enforcement with copies of the same.

(5)   Sound from vehicles involved in trash and waste pickup operations.

(6)   Sound from fields, grounds, or facilities from any sporting arena, playground, stadium, or sports complex operated by a school or governmental entity during activities sponsored by a school or governmental entity.

(7)   Sound created by fire alarms.

(8)   Sound created by church bells and campanile chimes.

(e)   Penalties. Any person who violates the aforesaid provisions, upon conviction thereof, may be fined in the sum not to exceed two hundred fifty dollars ($250.00).

(Prior Code 2016 §205.070; Ord. 3130; Code 2021)

(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 (50) or more feet from the vehicle.

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

(c)   Plainly audible means any sound produced by a sound amplification system from the vehicle, which clearly can be heard at a distance of fifty (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. 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 Paola 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 ordinances of the City of Paola;

(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.

(e)   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.

(Prior Code 2016 §205.020; Ord. 2686; Ord. 3130; Code 2021)

(a)   No person shall urinate or defecate in or upon any 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 defecation utilizing appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.

(b)   Any person convicted of a violation of any provision of this Section shall be punished by a fine of a minimum of one hundred dollars ($100.00) but not exceeding two hundred fifty dollars ($250.00).

(Prior Code 2016 §205.030; Ord. 2907; Code 2021)

No person, firm or corporation shall create a hazard by storing or abandoning in any place accessible to children, a container which has a compartment of more than one and one-half (1½) cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container.

(Prior Code 2016 §205.040; K.S.A. §21-4212(a)(1); Code 2021)

It shall be unlawful for the owner or person in charge of any property to maintain or permit any well or cistern on the premises without a safe, secure and durable covering.

(Prior Code 2016 §205.050; Code 2021)

It shall be unlawful for any person to have or maintain a barbed-wire fence along or next to any sidewalk, street, or public place, except when the property so fenced is both zoned and used continuously for agricultural purposes. The expense of installing and maintaining a barbed-wire fence shall be the sole responsibility of the landowner(s) using said fence or when such fence is used in property zoned commercial or industrial and such barbed wire is installed and maintained at least six (6) feet above the adjoining ground.

(Prior Code 2016 §205.060; Ord. 2608; Code 2021)

No person shall post any bills or advertisement on any public property without lawful authority or on any property without permission of the owner thereof.

(Prior Code 2016 §205.070; Code 2021)

(a)   It shall be unlawful for any person to criminally trespass upon public property of the City of Paola, Kansas, when the same is posted as provided for in Subsection (b) hereof. “Criminal trespass on public property” of the City of Paola, is entering or remaining upon or in any land, or structure, or vehicle of the City of Paola by a person who knows he/she is not authorized or privileged to do so, and

(1)   Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by any authorized officer of the Police Department of the City of Paola; or

(2)   Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry.

(b)   Posting Of Sign. Public premises or property of the City of Paola, Kansas, may be posted at each entrance thereto with a permanently lettered clearly legible sign with the following legend:

       “THIS PROPERTY CLOSED TO THE PUBLIC BETWEEN THE HOURS OF 11:00 P.M. AND 5:00 A.M. UNLESS VALID PERMIT IS OBTAINED. TRESPASSERS WILL BE PROSECUTED.”

       (Authority: PAOLA CITY ORDINANCE No. ___.)

Thereafter, such premises or property shall be deemed posted in a manner reasonably likely to come to the attention of intruders.

(c)   Permission Of The City. Permission to be in said area by the Governing Body of the City of Paola shall be a defense to this Section. Any such permission shall be evidenced by a written permit issued by the City, and shall be affixed to the interior of the rear window on the left side thereof for any vehicle entering upon said premises aforesaid, or when no vehicle is involved, the person granted such permission shall carry in his/her possession any permit so issued. Application for such permission shall be filed with the Police Department on forms provided for that purpose.

(Prior Code 2016 §205.080; Ord. 2536; Code 2021)

(a)   It shall be unlawful to intentionally or recklessly deposit or cause to be deposited any object or substance into, upon or about:

(1)   Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or

(2)   Any private property without the consent of the owner or occupant of such property.

(Prior Code 2016 §205.090; Ord. 2536; K.S.A. 21-3722; Code 2021)

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 of such observation.

(Prior Code 2016 §205.100; Ord. 2536; Code 2021)

(a)   It shall be unlawful to promote obscenity. Promoting obscenity is knowingly or recklessly:

(1)   Manufacturing, issuing, selling, giving, providing, lending, mailing, delivering, transmitting, publishing, distributing, circulating, disseminating, presenting, exhibiting or advertising any obscene material or obscene device;

(2)   Possessing any obscene material or obscene device with intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material or device;

(3)   Offering or agreeing to manufacture, issue, sell, give, provide, lend, mail, deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material or obscene device; or

(4)   Producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to obscenity.

(b)   Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of obscenity of such materials or devices. There shall be a presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:

(1)   The materials or devices were promoted to emphasize their prurient appeal; or

(2)   The person is not a wholesaler and promotes the materials or devices in the course of the person’s business.

(c)   Any material or performance is “obscene” if:

(1)   The average person applying contemporary community standards would find that the material or performance taken as a whole, appeals to the prurient interest;

(2)   The average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy or masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and

(3)   Taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value.

(d)   Definitions. For the purposes of this Section, the following terms shall be deemed to have the meaning indicated below:

MATERIAL — Any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner.

OBSCENE DEVICE — A device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs, except such devices disseminated or promoted for the purpose of medical or psychological therapy.

PERFORMANCE — Any play, motion picture, dance or other exhibition performed before an audience.

SEXUAL INTERCOURSE AND SODOMY — Have the meanings provided by K.S.A. 21-3501 and amendments thereto.

WHOLESALER — A person who sells, distributes or offers for sale or distribution obscene materials or devices only for resale and not to the consumer and who does not manufacture, publish or produce such materials or devices.

(e)   It is a defense to a prosecution for obscenity that:

(1)   The persons to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possession or viewing the same;

(2)   The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or

(3)   The allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and such material was either sold, leased, or distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.

(f)   Any person violating any of the provisions of this Section shall, upon conviction thereof, be fined in a sum not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) or be imprisoned not to exceed three (3) months, or be both so fined and imprisoned.

(Prior Code 2016 §205.110; Code 2021)

(a)   It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, play, drive or ride upon or over any of the streets, sidewalks, alleys, parks or other public grounds in the City, between the hours of 11:00 P.M. and 5:00 A.M., excepting that on Friday and Saturday evenings the hours shall be between 1:00 A.M. and 5:00 A.M.; provided, that the provisions of this Section shall not apply when the minor is accompanied by his/her parent, guardian or legal custodian, or when the minor is in the performance of an errand directed by his/her parent, guardian or legal custodian. Any person violating the provisions of this Section shall be taken before the Miami County Juvenile Court to be dealt with according to law.

(b)   It shall be unlawful for any parent, guardian or legal custodian of a minor under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll, play, drive or ride upon or over any of the streets, sidewalks, alleys, parks or other public grounds in the City of Paola, in violation of Section 11-212 of this Article.

(Prior Code 2016 §205.120; Ord. 2150; Ord. 2694; Code 2021)

(a)   It shall be unlawful to hunt any animal or bird within the City limits of Paola, except as follows:

(1)   The person hunting is in compliance with all State laws and Kansas Department of Wildlife and Parks rules and regulations relating to deer or turkey hunting; and

(2)   Only when using a bow and arrow from an elevated shooting position to hunt only deer or turkey; and

(3)   The person is hunting upon land with the consent of the landowner, whose land:

(A)  Is primarily undeveloped; and

(B)  Contains an area of twenty (20) acres or more; and

(C)  Has at least one (1) boundary that is contiguous with the corporate limits of the City of Paola.

(b)   Violation of this Section shall constitute a public offense and is punishable as set forth in Section 11-216 of this article. In addition to the penalty assessed for a violation of this Section, the Municipal Court Judge may order any weapon used in violation of this Section forfeited to the Paola Police Department.

(Prior Code 2016 §205.240; Ord. 3079; Code 2021)

It shall be unlawful for persons to gather in a crowd or to collect in such a manner to prevent, interrupt, or obstruct the travel, free passage, or access over the same by the public upon any public park, sidewalk, street, alley, building, parking lot, entrance ways to public establishments, stairways to buildings facing the public square, or other similar public place open to use by the public, or square, or other similar public place open to use by the public, or where the public may congregate, either owned publicly or privately, or upon any private property to which the public has access. Any person violating the provisions of this Section shall, upon conviction thereof, be fined in a sum not less than seventy-five dollars ($75.00) nor more than two hundred dollars ($200.00), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Prior Code 2016 §205.250; Ord. 2536; Code 2021)

(a)   Definitions. For the purpose of this Section, certain items and words are hereby defined as follows:

EJECT — To oust, remove, to put out or to expel.

ROLLER SKATES, STREET SKATES AND SKATES — Small wheels 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.

SKATE — To operate or ride a skateboard, roller skates or street skates.

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.

(b)   Skates And Skateboards Regulated. No person shall roller skate or ride a skateboard within the City of Paola without complying with the terms of this Section.

(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 Gold, Piankishaw, Agate and Shawnee 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.

(1)   Violation of this Section is an unclassified misdemeanor and punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).

(2)   In addition to and independent of the penalties provided in Paragraph (1) 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 City Police Department if the violator appears at the City Police Department after the 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 City 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 resides outside the City limits of Paola, the skateboard or roller skates may be released if the parent or guardian provides a letter addressed to the City of Paola Police Department requesting that the skateboard or roller skates be released to the minor.

(3)   In addition to and independent of the penalties provided in Paragraphs (1) and (2) hereof, a Law Enforcement Officer may eject any person from the area specified in subsection (c) who is using a skateboard or roller skates within the specified area.

(Prior Code 2016 §205.270; Ord. 2658; Code 2021)

(a)   Unless another penalty is stated herein, whenever in this article, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Chapter or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding thirty (30) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

(b)   Every day any violation of this article or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

(c)   Whenever any act is prohibited by this Chapter, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Chapter, an attempt to do the act is likewise prohibited.

(Prior Code 2016 §205.280; Code 2021)

(a)   Whenever, in the judgement of the Mayor or in the event of his/her inability to act, the President of the Governing Body, determines that an emergency exists as a result of mob action or other civil disobedience causing danger of injury to or damages to persons or property, he/she shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the City:

(1)   To impose a curfew upon all or any portion of the City thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places: provided, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and City authorized or requested Law Enforcement Officers and personnel and authorized local news representatives may be exempted from such curfew.

(2)   To order the closing of any business establishment anywhere within the City for the period of the emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms.

(3)   To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.

(4)   To call upon regular and auxiliary Law Enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace within the City.

(b)   The Proclamation of Emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.

(c)   Any emergency proclaimed in accordance with the provisions of this section shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first: provided, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the Governing Body.

(d)   Any person who shall willfully fail or refuse to comply with the orders of duly authorized Law Enforcement Officers or personnel charged with the responsibility of enforcing the Proclamation of Emergency authorized in subsection (b) shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), or be imprisoned not to exceed six (6) months, or be both so fined and imprisoned.

(Prior Code 2016 §105.150:180; Code 2021)