HUTCHINSON, Kan. — The Hutchinson City Council will address a new noise ordinance at their meeting on Tuesday.
According to agenda documents, in the case of City of Wichita vs Griffie, 318 Kan. 510 (2024), the Kansas Supreme Court struck the language of “noisy conduct” as being overly broad and in violation of the First Amendment. The language of “noisy conduct” is no longer included as a part of the disorderly conduct provisions.
An ordinance is being proposed to create a tool for law enforcement to address noise problems without infringing the constitutional rights of any person to speak, peacefully assemble, and express opinions. In addition to protecting constitutional privileges, the proposed ordinance exempts necessary sounds occurring as a part of a functioning community.
According to the proposed ordinance, it shall be unlawful for any person to make, continue, maintain, or cause to be made or continue any excessive, unreasonable or unusually loud noise which disturbs, injures, endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.
It shall be unlawful for any person to use, operate or permit the use or operation of any 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 or repose of the neighboring inhabitants of ordinary sensitivity.
No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this ordinance; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this ordinance.
For the purposes of this ordinance, the term “neighboring inhabitants” includes those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise.
Violation of Hutchinson City Code Section 24-607 is a Class C non-person misdemeanor.
EXEMPTIONS
The following situations are exempt from noise ordinance regulations:
1. Emergency work necessary to restore property to a safe condition or to protect a person and property from imminent danger; Emergency vehicles; Alarm systems; Trash and waste pickup operations; Aircraft or railroads; Noise resulting from the activities of a temporary duration planned by school/university, governmental or community groups; Air conditioners and lawn care equipment; Construction operations; and Church bells and campanile chimes.
The Hutchinson City Council meets Tuesday at 5:30 p.m.