It shall be unlawful for any person to blast or cause to be blasted within the city rocks or other material without having the same covered by good sound timbers or sheet metal of sufficient weight, length and thickness, and so placed as effectively to prevent fragments of rocks or other material blasted from ascending into the air. Any person violating any of the provisions of this section shall, upon conviction thereof, shall be fined an amount, set by resolution of the governing body from time to time, or be imprisoned not more than 60 days, or be both so fined and imprisoned.
(Code 1977, 9-207; Code 2016)
No person or corporation operating or who may hereafter operate a railroad into or through the city so as to interfere with the passage of vehicles and pedestrians for a period of time longer than 10 minutes; in case it is necessary for such train to remain standing for a longer period, it shall be uncoupled at such crossing and the cars separated so that vehicles and pedestrians may pass. Any person or corporation violating the provisions of this section shall, upon conviction thereof, be fined an amount set by resolution of the governing body from time to time.
(Code 1977, 9-103; Code 2016)
No person shall climb through or upon any car, or engine while the same is in motion, or through or upon any train which has been stopped temporarily, nor shall any person ride upon any engine or car while the same is in motion except regular passengers, railroad employees, and other authorized persons, nor shall any person remove any railroad car, any part thereof or any of the material being transported therein, nor shall any person loiter or loaf in any railway waiting room, or upon any platform for freight loading, and railroad property is hereby declared to be public property for the purpose of the enforcement of this article. Any person convicted of violation of this section shall be fined an amount set by resolution of the governing body from time to time.
(Code 1977, 9-104; Code 2016)
(a) Except as provided in subsection (b) of this section, it shall be unlawful for any person to discharge or fire off any firearm of any kind within the city.
(b) The provision of subsection (a) of this section shall not apply to the discharge of any firearm by law enforcement officers when necessary in the discharge of their official duties, nor to the discharge of any firearm in any licensed shooting gallery in the city.
(Ord. 431, Sec. 1; Code 1985)
It shall be unlawful for any child under the age of 18 years 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 following hours of curfew:
(a) 11:00 p.m. Monday, to 6:00 a.m. Tuesday;
(b) 11:00 p.m. Tuesday, to 6:00 a.m. Wednesday;
(c) 11:00 p.m. Wednesday, to 6:00 a.m. Thursday;
(d) 11:00 p.m. Thursday, to 6:00 a.m. Friday;
(e) 11:00 p.m. Friday, to 6:00 a.m. Saturday;
(f) 11:00 p.m. Saturday to 6:00 a.m. Sunday;
(g) 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; provided that such prohibition shall not apply to such children under the age of 18 years who are enroute 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; provided further, that the term “authorized” as used in this section shall denote and require prior authorization by a parent, legal guardian, or other person exercising legal custody.
(Code 1977, 9-601; Code 2016)
It shall be unlawful for any parent, legal guardian, or other person lawfully entitled to the care, custody or control of any child under the age of 18 years to suffer, permit or allow, any such child 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 after the hours specified in section 11-205 of this article, unless accompanied by a parent, legal guardian, or other person legally entitled to the care, custody and control of such child.
(Code 1977, 9-602)
Any person violating any of the provisions of sections 11-205:206 shall, upon conviction thereof, be punished by a fine, set by resolution of the governing body from time to time, or by imprisonment for a time not to exceed 30 days, or by both such fine and imprisonment.
(Code 1977, 11-206; Code 2016)
Sections 11-208:210 shall not be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of these sections to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.
(Ord. 688, Sec. 1)
(a) It is unlawful for any person or business to make, continue, or cause to be made or continued any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity. The factors which should be considered in determining whether a violation of this section exists include the following:
(1) The sound level of the objectionable noise.
(2) The sound level of the ambient noise.
(3) The proximity of the noise to residential sleeping facilities.
(4) The zoning of the area.
(5) The population density of the area.
(6) The time of day or night.
(7) The duration of the noise.
(8) Whether the noise is recurrent, intermittent, or constant.
(9) Whether the nature of the noise is usual or unusual.
(10) If a complaint has been made to the Eudora Police Department.
(b) It is unlawful for any person to make, continue, or cause to be made or continued any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity. The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section:
(1) Radios, television sets, musical instruments and similar stationary or mobile devices: Operating, playing or permitting the operation or playing of any radio, television set, audio equipment, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity. The operation of any such set, instrument, audio equipment, television set, machine or similar device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
(2) Loud speakers (amplified sound): Using, or operating, or permitting to be used or operated, for any purpose, any loud speaker, loudspeaker system, or similar device between the hours of 11:00 p.m. and 7:00 a.m. such that the sound there from creates a noise disturbance across a residential property line, except for any non-commercial public speaking, public assembly or other activity for which a variance has been issued.
(3) Construction: Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, grading or demolition work between the hours of 7:00 p.m. and 7:00 a.m. This section does not apply to city or utilities workers making repairs to damaged equipment or lines, nor does it apply to the use of domestic power tools.
(4) Vehicle, motorcycle, motorboat repair and testing: Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat which creates a noise disturbance, except where said activities are directly related to officially sanctioned events.
(5) Permitting any noise disturbance that is:
(A) Plainly audible across property boundaries;
(B) Plainly audible through partitions common to two residences within a building;
(C) Plainly audible at a distance of 100 feet in any direction from the source of music or sound between the hours of 7:00 a.m. and 11:00 p.m.
(Ord. 688; Code 2012; Ord. 1045; Code 2016)
The following activities shall be exempt from the provisions of this title:
(a) Emergency work. The provisions of this title shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or in the performance of emergency work.
(b) Entertainment events. The provisions of this title shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events and occasional public and private outdoor or indoor gatherings, public dances, shows, bands, sporting and entertainment events conducted between the hours of 7:00 a.m. and 11:00 p.m. and is not to exceed twice in a 30 day period.
(c) New Year’s Eve. The provisions of this chapter shall not apply to December 31st. Bands shall be able to use, or operate, or permit to be used or operated, for any purpose, any loud speaker, loudspeaker system, or similar device until 12:30 am on January 1st.
(d) Federal or state preempted activities. The provisions of this chapter shall not apply to any other activity the noise level of which is regulated by state or federal law.
(e) Minor maintenance to residential property. The provisions of this title shall not apply to noise sources associated with minor maintenance to property used for residential purposes, provided the activities take place between the hours of 7:00 a.m. and 11:00 p.m.
(f) Right-Of-Way construction. The provisions of this title shall not apply to any work performed in the city right-of-ways when, in the opinion of the public works director or his designee, such work will create traffic congestion and/or hazardous or unsafe conditions.
(g) Public health, welfare and safety activities. The provisions of this title shall not apply to construction maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety, including but not limited to, trash collection, street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, sidewalks, etc.
(Ord. 688, Sec. 1; Ord. 1045; Code 2016)
(a) It shall be unlawful for any person, partnership, corporation, or entity of any kind to display tobacco products, including, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and all forms of smokeless tobacco and tobacco which may be smoked, chewed, inhaled or otherwise ingested in the body of the user thereof, in such a place or in such a manner that any of such tobacco products can be handled or possessed by a member of the public without intervention or assistance by the owner of the business so displaying any such tobacco products, its or his or her agents, servant or employee.
(b) Any person violating any provision of this article shall, upon conviction thereof, be punished by a fine, set by resolution of the governing body from time to time.
(Ord. 728, Sec. 2; Code 2016)
It shall be unlawful for any person to enter or remain upon property occupied by another person without the occupant’s permission for the purpose of secretly or surreptitiously looking or peeping into any window, door, skylight or other opening in a house, room or building, and for the purpose of viewing the body of that occupant without the occupant’s consent; provided, that the foregoing shall not apply to law enforcement personnel or fire, emergency, or EMT/ambulance personnel acting within the scope of their official duties. Penalties for violation of this section shall be as set forth in section 1-111 of the City Code, as amended.
No person shall place, throw, leave or cause or permit to be placed, thrown, or left on any street, alley, sidewalk or other public property in this city, any glass, tacks, nails, bottles or any other substance or things that might wound any person or animal, or cut or puncture any pneumatic tire when passing over the same, or cause any harm or destruction to any personal or public property.
(Ord. 966; Code 2016)