[Ord. No. 645, 12-14-1983; CC 2000 §11-209]
No person shall urinate or defecate in or upon any street, sidewalk,
alley, plaza, park, public building, public property, private parking
lot or in any place open to the public or exposed to public view.
This Section shall not apply to urination or defecating utilizing
appropriate fixtures in any restroom or other facility designed for
the sanitary disposal of human waste.
[Ord. No. 755 §1, 11-23-1988; CC 2000 §11-210]
A. Declaration. It is declared that the protection and preservation
of the home is the keystone of democratic government; that the public
health and welfare and the good order of the community require that
members of the community enjoy in their homes and dwellings a feeling
of well-being, tranquility and privacy and when absent from their
homes and dwellings, carry with them the sense of security inherent
in the assurance that they may return to the enjoyment of their homes
and dwellings; that the practice of picketing before or about residences
and dwellings causes emotional disturbance and distress to the occupants;
obstructs and interferes with the free use of public sidewalks and
public ways of travel; that such practice has as its object the harassing
of such occupants; and without resort to such practice full opportunity
exists and under the terms and provisions of this Section will continue
to exist for the exercise of freedom of speech and other constitutional
rights; and that the provisions hereinafter enacted are necessary
for the public interest to avoid the detrimental results herein set
forth and are enacted by the Governing Body of the City.
B. Picketing Residence Or Dwelling Unlawful. It is unlawful
for any person to engage in picketing before or about the presence
or dwelling of any individual in the City.
[Ord. No. 1121 §§1 —
2, 7-28-2004; Ord. No.
1366 §1, 6-20-2012]
A. It
shall be unlawful for any person to make, continue, maintain or cause
to be made or continued any excessive, unnecessary, unreasonable or
unusually loud noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the City of Mission.
B. 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 and comfort of the neighboring inhabitants or 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
such machine or device is operated and who are voluntary listeners
thereto. "Neighboring inhabitants" shall include
persons living within or occupying residential districts of single-
or multiple-family dwellings and shall include areas where multiple-unit
dwellings and high-density residential districts are located.
C. No
person shall congregate because of, participate in, or be in any party
or gathering of people from which sound emanates of a sufficient volume
so as to disturb the peace, quiet or repose of persons residing in
any residential area. No person shall visit or remain within any residential
dwelling unit wherein such party or gathering is taking place except
persons who have gone there for the sole purpose of abating said disturbance.
A Police Officer may order all persons present in any group or gathering
from which such sound emanates, other than the owners or tenants of
the dwelling unit, to immediately disperse in lieu of being charged
under this Section. Owners or tenants of the dwelling unit shall immediately
abate the disturbance and, failing to do so, shall be in violation
of this Section.
D. Prima Facie Violation. It shall be a violation of this Section
for anyone to operate any tools, equipment, vehicle, electronic device,
instrument, television, phonograph, stereo, machine, or other noise
or sound-producing device, in such a manner as to be plainly audible
at an adjacent property line, or for fifty (50) or more feet in the
case of multiple-family dwelling, during the following hours:
1. Sunday night through Friday morning between the hours of 10:00 P.M.
and 7:00 A.M.;
2. Friday night between the hours of 11:00 P.M. and 7:00 A.M.; and
3. Saturday night between the hours of 11:00 P.M. and 8:00 A.M.
E. Exemptions. Sounds emanating from the following shall be
exempt from the provisions of (A) through (D) above:
3. Emergency activities of the Fire or Police Department;
4. Emergency activities of any utility company; and
5. Public works vehicles and activities.
F. Penalty. Any violation of this Section shall have penalties as provided under the general penalty provision of the Code of the City of Mission, Section
100.100 as follows:
1. A fine not to exceed one thousand dollars ($1,000.00); or
2. Imprisonment for not more than one hundred eighty (180) days; or
3. Both such fine and imprisonment not to exceed (1) and (2) above.
[Ord. No. 1521, 7-15-2020]
A. For the purposes of Section
215.112, the following words and phrases shall mean:
UNMANNED AIRCRAFT SYSTEM or UAS
An aircraft that meets the following requirements: (1) is
operated without the possibility of direct human intervention from
within or on the aircraft, and (2) weighs less than fifty-five (55)
pounds at the time of operation, including the weight of any payload
or fuel.
OPERATE
To pilot, steer, direct, fly or manage a UAS through the
air. The term "operate" includes managing or initiating a computer
system which pilots, steers, directs, flies, or manages a UAS.
B. It
shall be unlawful to operate a UAS in a manner that causes the UAS
to trespass on public or private property, without the consent of
the person or entity that controls the property. Notwithstanding the
previous sentence, a UAS may be operated in a City of Mission, Kansas
City-owned park if the operator complies with all other provisions
of this Section, this Code of the City of Mission, and other Federal
and State laws, regulations, and other legal requirements.
C. It
shall be unlawful to operate a UAS in a reckless or careless manner
which endangers, causes a reasonable risk of harm, or causes actual
harm to persons, property, or animals.
D. It
shall be unlawful to use a UAS to observe, view, photograph, record
audio, or record video of a person in a place where such person has
a reasonable expectation of privacy.
E. It
shall be unlawful to operate a UAS over or near any open-air event
where there is an actual or anticipated group of one hundred (100)
persons or more without possessing a Federal Aviation Administration
(FAA) Part 107.39 waiver and obtaining written permission from the
organizer of such event.
F. The
following persons, entities, professions, and uses are exempted from
the provisions of this Section, so long as they conform with FAA requirements
under 14 CFR Part 107:
1. Law Enforcement personnel and any group or person from which Law
Enforcement personnel request assistance;
2. Fire Department personnel or any group or person from which Fire
Department personnel request assistance;
3. City of Mission, Kansas, employees or agents acting within the scope
of official City of Mission, Kansas, business;
4. Members of the media, so long as they do not interfere, endanger,
or compromise any Law Enforcement efforts;
6. Real estate marketing or inspection services.
G. Any
violation of this Section shall have penalties as an unclassified
violation as follows:
1. A fine not to exceed one thousand dollars ($1,000.00); or
2. Imprisonment for not more than one hundred eighty (180) days; or
3. Both such fine and imprisonment not to exceed Subsections
(G)(1) and
(2) above.