CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

11-201.      Littering.

(a)   For the purpose of this section, litter is any refuse of any kind or any object or substance which tends to pollute, mar, or deface, any property, including but not limited to properties owned by the City of Plains, Kansas, public streets, highways, alleys, roads, right-of-ways, sidewalks, parks or public places, or any body of water, or any other waste material which may be offensive or may tend to create a danger to the general public, and the health, safety, and welfare of the inhabitants of the City of Plains, Kansas.

(b)   Litter in Public Places: No person shall throw or deposit litter in or upon any public street, highway, alley, road, right-of-way, sidewalk, park or public place, or any body of water within the City of Plains, Kansas, except in authorized public receptacles, or authorized private receptacles for collection.

(c)   Placement of Litter in Public Dumpster Located at 404 East South 2nd in the City of Plains, Kansas: No person shall throw or deposit litter in the public dumpster provided by the City of Plains, Kansas, and located at 404 East South 2nd in the City of Plains, Kansas, unless such litter originates within the corporate limits of the City of Plains, Kansas. The disposal of litter in said public dumpster is permitted only during time periods when such location is open and accessible to the public for the throwing or depositing of litter originating within the corporate limits of the City of Plains, Kansas.

(d)   Penalties: Any person violating any provision of this article shall be guilty of a misdemeanor, punishable by a fine for the first offense of not less than $100.00, nor more than $250.00; and for a second offense of not less than $250.00, nor more than $500.00; and for all subsequent offenses of not less than $500.00, nor more than $1,000.00.

(Ord. 539; Code 2013)

11-202.      Loud sound amplification systems.

(a)   No person shall within the corporate limits of the City of Plains, Kansas, operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of 50 or more feet from the sound amplification system that is producing such sound.

(b)   Sound amplification system means any radio, radio receiving set, television, phonograph, boom box, loud speaker, drum, juke box, nickelodeon, musical instrument, tape player, compact disc player, or any other electronic device or similar device which produces, reproduces, or amplifies sound.

(c)   Plainly audible means any sound produced by a sound amplification system 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.

(d)   It is an affirmative defense to a charge under this section that the offender 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 condition;

(2)   The system was within or upon and about an emergency or public safety vehicle;

(3)   The system was within or upon and about a vehicle owned and operated by the City of Plains, Kansas, 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 ordinances of the City of Plains, Kansas;

(5)   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 department of the City authorized to grant such approval.

(Ord. 543; Code 2013)

11-203.      Curfew hours declared.

(a)   It shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11 :00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this section shall not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor.

(b)   It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 16 years to permit such minor to violate this section.

(c)   Upon first violation of this section the minor will be taken to place of residence by police officer and parents given written notice as to the manner in which the violation occurred. Upon a second or subsequent violation, the minor will be dealt with in accordance with juvenile court law and procedure. Upon a minor’s second or subsequent violation, the parent or guardian or adult shall be punished by a fine of not less than $250.00 nor more than $1,000.00 or by imprisonment for not more than 180 days, or by both such fine and confinements

(Ord. 398; Code 2013)