(A) It shall be unlawful for any person to make, continue, maintain, authorize or cause to be made or continued any unreasonably loud noise or any noise which injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal auditory sensitivity within the City of Olathe.

(B) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, musical instrument, phonograph, loud speaker or other machine or device for the producing, reproducing, or amplification of sound in such manner as to disturb the peace, quiet and comfort of any reasonable person of normal auditory sensitivity.

(C) Prima Facie Violation. A violation of this Section which occurs 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 fifty (50) or more feet from the sound source or plainly audible at the adjacent property line, whether such adjacent property consists of single or multifamily dwellings, including, but not limited to, multiple-unit dwellings, apartments, high-density residential districts, hotels, motels and other places of temporary housing or lodging, shall be prima facie evidence of a violation of this Section. “Plainly audible” shall mean any sound which can be heard at a distance of fifty feet (50') or more by the auditory senses. Words or phrases need not be discernible and bass reverberations are an included sound source.

(D) Upon a first conviction, unlawful noise disturbance is a Class C public offense punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine or imprisonment.

(E) Upon a second or subsequent conviction, unlawful noise disturbance is a Class B public offense and shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one hundred eighty (180) days, or by both such fine or imprisonment. (Ord. 17-43 § 1, 2017; Ord. 09-31 § 1, 2009; Ord. 83-75 § 2, 1983.)