It shall be unlawful for any minor under 18 years of age to wander, lounge, loaf, loiter or play in, about, or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public for public use, whether on foot, or in a vehicle or by any means during the hours of curfew which are hereby specified for each day of each week as provided, to wit:

       11:00 p.m. Monday to 6:00 a.m. Tuesday; 11:00 p.m. Tuesday to 6:00 a.m. Wednesday; 11:00 p.m. Wednesday to 6:00 a.m. Thursday; 11:00 p.m. Thursday to 6:00 a.m. Friday; 12:00 a.m. Saturday to 6:00 a.m. Saturday; 12:00 a.m. Sunday to 6:00 a.m. Sunday; 11:00 p.m. Sunday to 6:00 a.m. Monday; unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child.

Such prohibition shall not apply to such children under 18 years of age who are en route by the most direct and accessible route between their homes and authorized places of employment, authorized entertainment, or authorized place of attendance to their residences. The term authorized as used in this section note and require prior authorization by a parent, legal guardian, or other person exercising legal custody.

(Ord. 191, Sec. 1)

It shall be unlawful for any parent, guardian or other person having legal care or custody of a minor child under 18 years of age to allow or permit such minor child to loiter or be upon or in those places named in section 11-201 within the time prohibited by section 11-201. Any minor under such age may be permitted to attend school functions and other activities under the supervision of school authorities or organizations sponsored by parents and be upon the streets of the city while returning home from any such function or activity.

(Ord. 191, Sec. 2)

Any person violating sections 11-201:202 shall, upon conviction thereof, be fined in an amount of at least $50.00, but not more than $500.00, for each separate conviction. The amount of any fine for any subsequent conviction shall not exceed $500.00. Any minor person under 18 years of age shall be subject to the jurisdiction of the District Court of Shawnee, County, Kansas.

(Ord. 191, Sec. 3; Ord. 282; Code 2016)

(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 audible at a distance of 100 or more feet from the vehicle.

(b)   Definitions.

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

(2)   Audible means any sound produced by a sound amplification system from within a vehicle, which can be heard at a distance of 100 feet or more. Measurement standards shall be 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.

(c)   Defense to prosecution. 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 is an emergency or public safety vehicle;

(3)   The vehicle is owned and operated by the City of Auburn, 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 Auburn; or

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

(d)   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 fine not to exceed $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. 238; Code 2016)

(a)   It shall be unlawful for any person using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as disturbs the peace, quiet and comfort of the neighboring inhabitants or general public 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 the machine or device is operated and who are voluntary listeners.

(b)   The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building or structure or 25 feet from the vehicle in which it is located shall be prima facie evidence of a violation of this section.

(c)   Upon conviction of a violation of this section, the court shall impose a fine of not less than $100, nor more than $499. Upon a second conviction within a three-year period, the court shall impose a fine of not less than $200, nor more than $499.

(d)   Persons shall mean any individual and/or the parents or custodian of any individual under the age of 18 who is living with parents or custodian.

(Ord. 256; Code 2016)