Interference with official radio communications is the making of any transmission upon the radio frequencies assigned to the city for police, fire, ambulance, public utility or other municipal purposes, without first having entered into an agreement with the city to permit such transmissions. Interference with official radio communications is a Class C misdemeanor.

(Ord. 3671, Sec. 1; Ord. 5015-20)

It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building, or to loiter in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of occupants of any such house, room or building. Violation of this section is a Class C misdemeanor.

(Ord. 2943, Sec. 17-915; Ord. 5015-20)

The practice of going in and upon private residences or premises within the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, for the purpose of soliciting orders for the sale of goods, merchandise or for the purpose of disposing of or peddling the same, where there is posted in a conspicuous place a “No Peddlers” or similar sign, is hereby declared to be a nuisance and unlawful.

(Ord. 2943, Sec. 17-917; Ord. 5015-20)

It shall be unlawful for any person to throw or place, or cause to be thrown or placed upon private property, any handbill or advertisement of any kind, other than those contained in a newspaper, magazine or the United States mail, where such private property has posted therein in a conspicuous place, a “No Handbills” or similar sign, and such practice is hereby declared a nuisance.

(Ord. 2943, Sec. 17-918; Ord. 5015-20)

It shall be unlawful for any person to construct, set up or maintain any barbed wire or barbed wire enclosure or fence upon any property owned or leased by him or her and contiguous and along any street, alley, public ground or sidewalk in the city unless such barbed wire is secured, constructed, set up or maintained at least six feet above the ground level. Violation of this section is a Class C misdemeanor.

(Code 1975, Sec. 17-1008; Ord. 5015-20)

The following proclamation shall be imposed in the event of mob action or civil disobedience existing in the city:

(a)   Whenever, in the judgment of the mayor or in the event of his or her inability to act, the vice chairperson of the commission, determines that an emergency exists as a result of mob action or other civil disobedience causing danger or injury to or damages to persons or property, he or she shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city.

(1)   To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew area to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and city authorized or requested law enforcement officers and personnel may be exempted from such curfew.

(2)   To order the closing of any business establishments anywhere within the city for the period of the emergency, such businesses to include, but not be limited to those selling intoxicating liquors, cereal malt beverage, gasoline or firearms.

(3)   To designate any public street, thoroughfare, or vehicle parking areas closed to more vehicles and pedestrian traffic.

(4)   To call upon regular and auxiliary law enforcement agencies and organization within or without the city to assist in preserving and keeping the peace within the city.

(b)   The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.

(c)   Any emergency proclaimed in accordance with the provisions of this article shall terminate after 48 hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exits, whichever occurs first; provided, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the governing body.

(d)   Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of a Class C violation.

(Ord. 2943, 17-1401; Ord. 5015-20)

(a)   It shall be unlawful for any person under the age of 18 years to be in, upon or about any public street, alley, sidewalk, public park, public parking lot or other outdoor area open to general public access within the city, after the hour of 11:00 p.m. on Sunday through Thursday and before the hour of 5:00 a.m. the following day, or after the hour of 12:00 midnight on Friday or Saturday and before 5:00 a.m. the following day.

(b)   The provisions of subsection (a) above shall not apply under the following circumstances:

(1)   When the person, while in, on or about such prescribed areas, is at all times accompanied by any of the following: his or her parent, step-parent or legal guardian; his or her grandparent, step-grandparent, aunt or uncle; his or her spouse; or his or her sibling who is not less than twenty-one (21) years of age;

(2)   When the person is traveling by the most direct route to or from such person’s place of employment, or to or from a church, school, or organized recreational activity that is sponsored or supervised by one or more adults;

(3)   When the person is engaged in normal travel through the city by a direct, continuous route, or is engaged in normal travel by a direct route between a location outside the city and a location inside the city; or

(4)   When the person is traveling by the most direct route to a destination under circumstances of an emergency nature necessitating such travel at such time.

(c)   Any law enforcement officer finding a person under the age of 18 years in, upon or about any public street, alley, sidewalk, public park, public parking lot or other outdoor area open to general public access within the city between the hours as designated in subsection (a) above may stop such person and ascertain the name and address of the person and determine if such person is in violation of the curfew restrictions of this article. If any such person refuses to give his or her correct name or address, or is found to be in violation of the curfew restrictions of this article, such person may be taken into custody.  If taken into custody, the juvenile shall be transported to the police station or other appropriate facility for such handling and processing as is required under state and local law as to juveniles who are taken into custody by law enforcement officials, such procedure being at the time of the enactment of these provisions the contacting of and transfer of custody of the juvenile to a juvenile intake officer.

(d)   It shall be unlawful for any parent; guardian or other person lawfully entitled to the care, custody or control of a person under the age of 18 years to knowingly cause or permit such person to be in violation of this section.

(e)   Any violation of the provisions of this section shall be punishable as and for a Class C violation under the Uniform Public Offense Code as adopted by the city.

(Ord. 4076, Sec. 1; Ord. 4332-00; Ord. 4885-15; Ord. 5015-20)

(a)   It shall be unlawful for any person to violate or attempt to violate any of the following ordinances of the Code of the City of Newton, Kansas, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability or handicap or another individual or group of individuals, to wit:

(1)   Battery (Code Section 17-101; Uniform Public Offense Code, section 3.1);

(2)   Assault (Code Section 17-101; Uniform Public Offense Code, section 3.3);

(3)   Criminal Damage to Property (Code Section 17-101; Uniform Public Offense Code, section 6.6);

(4)   Criminal Trespass (Code Section 17-101; Uniform Public Offense Code, section 6.7);

(5)   Disorderly Conduct (Code Section 17-101; Uniform Public Offense Code, section 9.1);

(6)   Unlawful Use of Weapons (Code Section 17-101; Uniform Public Offense Code, section 10.1);

(7)   Drawing A Weapon Upon Another (Code Section 17-101; Uniform Public Offense Code, section 10.2);

(8)   Unlawful Possession of a Firearm (Code Section 17-101; Uniform Public Offense Code, section 10.35);

(9)   Unlawful Discharge of Firearms (Code Section 17-101; Uniform Public Offense Code, section 10.5);

(10) Unlawful Operation of an Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun (Code Section 17-1201; Uniform Public Offense Code, section 10.6).

(b)   It shall be unlawful for any person to knowingly assemble with two or more persons and agree with such persons to violate any of the criminal laws of the State of Kansas or of the United States with force or violence by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability or handicap or another individual or group of individuals.

(c)   Any violation of the provisions of this section shall be punishable as and for a Class A violation under the Uniform Public Offense Code as adopted by the city.

(Ord. 4084, Secs. 1:2; Ord. 5015-20)

(a)   No person shall urinate or defecate in or upon any public street, sidewalk, alley, right-of-way, plaza, or park, or in, upon or within any public building, public property, private parking lot, or in any place open to the public or expose to the public view. This section shall not apply to urination or defecation utilizing appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.

(b)   Any violation of the provisions of this section shall be punishable as and for an unclassified violation under the Uniform Public Offense Code as adopted by the city.

(Ord. 4126, Secs. 1:2; Ord. 5015-20)

Subject to the exceptions below described, the following acts are declared to be loud, disturbing and unnecessary noises and constitute violations of this Section:

(a)   No person shall operate or cause or permit the operation of any Sound-Producing or Sound-Reproduction Device between the hours of 10:00 p.m. and 7:00 a.m., whether from inside or outside a building, in such a manner or with such volume so as to emit sound which can be heard fifty (50) feet beyond the property line of any residential property. For purposes of these regulations, the term “residential property” is defined as any property upon which a residence or a residential living unit is located, and which is located within any of the following zoning districts: R-S, R-1, R-2, R-3, PUD, M-H, M-P or P-O.

(b)   No person shall operate or cause or permit the operation of any Sound-Producing or Sound-Reproduction Device which is located within, upon or about any motor vehicle which is located on any public street, public parking lot or other public right-of-way by the playing of a sound-producing device so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle. 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.

(c)   For purposes of these regulations, the terms “Sound-Producing Device” and “Sound-Reproduction Device” is defined as including any of the following: (i) radios; (ii) record, tape and CD players; (iii) sound amplifiers; (iv) musical instruments; (v) loudspeakers; and (vi) any other similar device that produces, reproduces or amplifies sound.

(d)   No person shall allow to be made or continued, any excessive, unnecessary, unusual or loud noise which creates a nuisance or injures or endangers the comfort, repose, health or safety of others, or which interferes with the use or enjoyment of property of any person of reasonable sensibilities residing in or occupying the area unless the making and continuing of such noise is necessary for the protection and preservation of property or the health and safety of some individual.

(e)   The provisions of this Section shall not apply to any of the following:

(1)   Any activities conducted as an approved part of a public activity, such as parades, fireworks, sports events, festivals, musical productions and other activities which have the approval within the scope of their authority as conferred by law on any local, state or federal governmental entity, or by any state accredited public, private or parochial school.

(2)   Any activities which are reasonably related to the conduct of any business, commercial or industrial enterprise upon property that is zoned for such use or upon which such uses are otherwise lawful.

(3)   The normal and customary engine noises produced by any motor vehicle that is otherwise being lawfully operated upon the public ways or in private driveways or parking lots.

(4)   The normal and customary noises produced by machinery or equipment that is being used on public or private property in order to remedy property damage or while being used during an emergency or other exigent circumstances.

(f)   Nothing in the exceptions set forth in subsection (e) above shall serve to allow or authorize any activity which would otherwise be regarded as a public nuisance other than by the provisions of this Section.

(g)   Violation of the provisions of this Section shall be punishable as an unclassified violation under the Uniform Public Offense Code as adopted by the City and shall be punished with a fine of at least $50.00, but not exceeding $500.00.

(Ord. 4275-98; Ord. 5015-20; Ord. 5063-21)