ELLINWOOD — With the warmer weather, it is expected that the Ellinwood Police Department will start receiving more loud noise complaints. So in an attempt to continue to educate the public, I wanted to take this opportunity to inform the citizens of Ellinwood what constitutes a valid noise violation.
In 2007 the City of Ellinwood passed a city ordinance dealing with Disturbing the Peace. This ordinance states the following;
It shall be unlawful for any person to:
(1) Make, continue, maintain or cause to be made or continue any excessive, unnecessary, unreasonable or unusually loud noise or any noise in such manner as to annoy, offend, disturb, injure or endanger, the comfort, repose, health, peace or safety of any reasonable person, family, or neighborhood.
(2) 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 a sound in such manner as to disturb the peace, quiet and comfort of any reasonable person, family, or neighborhood.
(3) 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 any reasonable person, family or neighborhood. 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 the dwelling unit to immediately disperse in lieu of being charged under this section.
Now the ordinance goes on to state the noise violation has to be plainly heard 100 feet from the source of the sound. This ordinance also includes loud music emanating from vehicles.
If you’re unfortunate enough to be stopped for this violation, this is what you can expect to have happen as a result of being cited for the noise violation. If you’re found guilty of the violation, you can receive a fine not to exceed $500 or a jail sentence not to exceed six months or both.
So I guess what I am asking from persons, who like their music a little on the loud sound, is to take into consideration what your neighbors might think of your music. It could cause you a different kind of headache than you were expecting.