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

It shall be unlawful for any person to obtain cable television services from another by means of threat, deception, electrical or mechanical tampering or electronic tampering.

(Ord. 570, Sec. 1)

(a)   The Governing Body of the City of Chapman specifically finds that loitering at or near school property by persons having no legitimate reason to be at or near school property is detrimental to the safety, health and well-being of the citizens of Chapman, Kansas, and particularly; the safety, health and well-being of school students while they are at or near school buildings and property. The purpose of this section is to control, through sanctions enforceable in the Municipal Court of the City of Chapman, access to school property so that only persons with a legitimate need to be there are present at or near school property. With adoption of this section the Governing Body specifically intends that this section be in addition to any other City Ordinance or State Statute which generally proscribes similar and included conduct such as, but not limited to Trespassing and Criminal Trespass.

(b)   For the purposes of this section, the following terms shall be deemed to have the meanings indicated below:

(1)   Loitering: Remaining idle in essentially one (1) location and includes spending time idly, standing around, congregating, lingering or delaying, without purpose or having lawful business for being present.

(2)   Persons: All persons except the following: Those currently enrolled and permitted to attend classes as students at the particular school located at the site of the offense; employees or officials of the school located at the particular site; persons with legitimate business to transact with any employee or official of the school; visitors intending to or in the process of visiting a student, employee or official of the school in compliance with the school’s visitors policy; persons picking up or discharging students, employees or officials at an approved entrance or exit from the school; and, persons attending school sponsored or authorized athletic or extracurricular events on school property, in accordance with the school’s attendance policies.

(3)   School Property: All property owned, leased or controlled by a public, private or parochial school. The term includes buildings, grounds, athletic and extracurricular facilities owned, leased or controlled by the school. School property also includes sidewalks, alleyways and driveways abutting school buildings, grounds and facilities.

(c)   Any person who shall loiter at any public, private or parochial school property shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished as hereinafter provided.

(d)   Any person found guilty of violating any provision of this section shall, upon conviction, be fined a sum not more than five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. 805; Code 2016)

(a)   It shall be unlawful for any child under the age of eighteen (18) years to be in, upon or about any private premises, except the residence of such child, or any public place after midnight and before 6:00 a.m., unless accompanied by a parent, legal guardian, or other person lawfully entitled to the care, custody, and control of such child.

(b)   It shall be unlawful for a parent, guardian or other person lawfully entitled to the care, custody and control of any child under the age of eighteen (18) years, to permit any such child to be in, upon or about any private premises, except the residence of such child, or any public place after midnight and before 6:00 a. m., unless accompanied by a parent, legal guardian, or other person lawfully entitled to the care, custody, and control of such child. Curfew violation is punishable by a fine only, which shall be established by the court.

(Ord. 843; Code 2016)

(a)   Noises prohibited.

(1)   General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restrictions of the following subdivisions.

(2)   Horns, audible signaling devices, etc. No person shall sound any audible signaling device on any vehicle except as a warning of danger in the conformance with the traffic laws of the City of Chapman, Kansas.

(3)   Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any internal combustion engine except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable City or State laws regulations.

(4)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway, whether public or private property, 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.

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

(B)  Plainly audible means any sound produced by a sound amplification system from a vehicle which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernable and bass reverberations are included. The motor vehicle may be stopped standing, parked or moving on a street, highway, alley, parking lot or driveway on either public or private property.

(C)  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:

(i)    The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition

(ii)   The vehicle was an emergency public safety vehicle.

(iii)  The system or vehicle was used in an authorized public activity such as a parade, fireworks, sporting events, musical production or other activities which have the approval of the Governing Body or a Department of the City authorized to grant such approval.

(5)   No person shall operate or permit operation of a personal or residential sound amplification system so that the sound is plainly audible at a distance of fifty (50) or more feet from its source.

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

(B)  Plainly audible means any sound produced by a sound amplification system which clearly can be heard at a distance of fifty (50) feet or more from its source. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernable and bass reverberations are included.

(C)  It is an affirmative defense to a charge under this section that the system was used in an authorized public activity which has the approval of the Governing Body of the City of Chapman, Kansas.

(b)   Any person, individual, partnership, corporation or association who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as follows.

(1)   A fine of not more than one thousand ($1,000) dollars or jail of not more than six (6) months or a combination of both.

(2)   Each separate offense in violation hereof which is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Ord. 804; Ord. 849; Code 2016)

It shall be unlawful for any person to use a skateboard, roller skates, coaster or similar device in the following described area of the City of Chapman, Kansas, to-wit:

(a)   in the business district;

(b)   on any streets or sidewalks within thirty feet (30’) of any church or school property;

(c)   at any time between sundown and sunrise, except in designated areas.

Unlawful use of a skateboard is a class B misdemeanor.

(Ord. 748A; Code 2016)