September.

4, 2019

Kansas Commission On Peace Officer's Standards and Training

1999 N. Amidon, Suite 350

Wichita Ks 67203

COMPLAINT

This is a complaint against Pittsburg Police Chief Brent Narges and Pittsburg Police Officer
Larry Warner at 201 North Pine in Pittsburg Kansas 66762 for failing to properly train Pittsburg
Police Officer Larry Warner for arresting me and not properly following police standards and
training on 8-31-18.

This is a complaint against Pittsburg Police Chief Brent Narges and Pittsburg Police Officer
Corporal Peterson at 201 North Pine in Pittsburg Kansas 66762 for failing to properly train
Pittsburg Police Officer corporal Peterson for not properly following police standards and
training on 8-30-19 because he does not know the ordinance of Division 2 NOISE of the Kansas
Code of ordinances Sec. 54-131.-Findiflgs (3) and Sec. 54-135.-Specific noises prohibited;
standards(2). He also does not know the Zoned Area of (Residential) from the times of 7:00
a.m- 10:00 p.m. with a dB(A) Level of 60.

This complaint was sent to this office because of the misconduct that Pittsburg Police Officer
Corporal Peterson displayed on Friday August 30,2019.

My good friend Thomas Walters called up to' Pittsburg Police (3) different times on the date of
August 30,2019 to complain about a neighborhood party that was (NOISY). Corporal Peterson
told ~that "YOU lUST LIVE IN THE Vo/RONG PART OF TOWN" and said "IT WAS JUST A
PARTY AND NOW LAWS WERE BEING BROKEN". Mr. Walters then said "well since no
laws are being broken I would like to know what the NOISE ordinance is and who is included
in the city ordinance and who is exempt." Corporal Peterson then said "I don't know what the
ordinance is"?

Are you kidding me? How can we call the police to enforce a city ordinance when the officer
himself doesn't even know the city ordinance because obviously his supervisor chief Brent
Narges never properly trained Corporal Peterson.

I have included a copy of the Pittsburg code of ordinances with this complaint to show that
Corporal Peterson discriminated against Thomas Walters on August 30,2019 because his
address of 213 E. Carlton in Pittsburg Kansas is not (EXEMPT) from the city ordinance because
he lives in the wrong part of town like Mr. Walters was informed on August 30,2019 by
corporal Peterson.
The court case of State ex rei. Hecht v. Felker, 2003 WL 22389087,at *1 (Kan. Dist. Ct., Oct. 17,
2003) stated that" analysis of nearly all applicable ouster cases discloses that the misconduct of
the ousted public official either extended over lengthy intervals and involved numerous acts of
misconduct or the misconduct was particularly grievous and involved an evil motive of
personal gain for the ousted official." Id. At *2. In other words, ouster requires sufficiently
egregious conduct employed over a lengthy period of time or conduct employed with an evil
motive. In my opinion Officer Narges and Corporal Peterson need ousted from office because
they have continued to not follow proper protocol because last year on August 31, 2018 Brent
Narges had an OUSTER COMPLAINT filed against him for failing to properly train Pittsburg
Police officer Larry Warner.

Pittsburg Police chief Brent Narges continues to not properly train his employees on city
ordinances or state statutes and he needs a serious reprimand for this. I was forced to send in a
complaint last year in August of 2018 because Brent Narges failed to properly train Larry
Werner and I was arrested for disorderly conduct which was later dropped and (DISMISSED).

Please investigate the above mentioned Pittsburg Police officers Corporal Peterson and Brent
Narges for the proper training standards on the issues that have been addressed above on the
knowledge of (NOISE FOR CITY ORDINANCE) so that we don't have any more mistakes made
by Pittsburg Police then we already had with the recent resignations or firing of former
Pittsburg Police Officers Adam Harrison and Jesse Davis.

I appreciate an investigation into this matter as soon as possible.

Sincerely,

Noah Day

P.O Box 224

Pittsburg Ks 66762
----------------------------------- -----

September 4, 2019

The Attorney Generals Office

120 SW 10th St. Memorial Building 2ndFloor

Topeka Ks 66612

OUSTER COMPLAINT

Pursuant to KS.A. 60-1205Grounds for Forfeiture of Office and Instituting Ouster Proceedings
against State Officers KS.A. 60-1206(a)(b). This is an Ouster Complaint against Pittsburg Police
chief Brent Narges and Pittsburg Police officer corporal Peterson of 201 N. Pine Pittsburg,
Kansas 66762 under K.S.A. 60-1205 and K.5.A. 60-1206(a)(b). Proceedings to oust a state officer
shall be commenced only by the attorney general.

This is a complaint against Pittsburg Police Chief Brent Narges and Pittsburg Police Officer
Corporal Peterson at 201 North Pine in Pittsburg Kansas 66762 for failing to properly train
Pittsburg Police Officer corporal Peterson for not properly following police standards and
training on 8-30-19because he does not know the ordinance of Division 2 NOISE of the Kansas
Code of ordinances Sec. 54-131.-Findings (3) and See. 54-135.-Specificnoises prohibited;
standards(2). He also does not know the Zoned Area of (Residential) from the times of 7:00
a.m- 10:00 p.m. with a dB(A) Level of 60.

This complaint was sent to this office because of the misconduct that Pittsburg Police Officer
Corporal Peterson displayed on Friday August 30,2019.

My good friend Thomas Walters called up to Pittsburg Police (3) different times on the date of
August 30,2019 to complain about a neighborhood party that was (NOISY). Corporal Peterson
told ~that "YOU rUST LIVE IN THE WRONG PART OF TOWN" and said "IT WAS JUST A
PARTY AND NOW LAWS WERE BEING BROKEN". Mr. Walters then said" well since no
laws are being broken I would like to know what the NOISE ordinance is and who is included
in the city ordinance and who is exempt." Corporal Peterson then said "I don't know what the
ordinance is"?

Are you kidding me? How can we call the police to enforce a city ordinance when the officer
himself doesn't even know the city ordinance because obviously his supervisor chief Brent
Narges never properly trained Corporal Peterson.

I have included a copy of the Pittsburg code of ordinances with this complaint to show that
Corporal Peterson discriminated against Thomas Walters on August 30,2019 because his
address of 213 E. Carlton in Pittsburg Kansas is not (EXEMPT)from the city ordinance because
he lives in the wrong part of town like Mr. Walters was informed on August 30,2019 by
corporal Peterson.

The court case of State ex reZ.Hecht v. Felker, 2003 WL 22389087,at *1 (Kan. Dist. Ct., Oct. 17,
2003) stated that analysis of nearly all applicable ouster cases discloses that the misconduct of
U

the ousted public official either extended over lengthy intervals and involved numerous acts of
misconduct or the misconduct was particularly grievous and involved an evil motive of
personal gain for the ousted official." Id. At *2. In other words, ouster requires sufficiently
egregious conduct employed over a lengthy period of time or conduct employed with an evil
motive. In my opinion Officer Narges and Corporal Peterson need ousted from office because
they have continued to not follow proper protocol because last year on August 31, 2018 Brent
Narges had an OUSTER COMPLAINT filed against him for failing to properly train Pittsburg
Police officer Larrv Warner.
J

Pittsburg Police chief Brent Narges continues to not properly train his employees on city
ordinances or state statutes and he needs a serious reprimand for this. I was forced to send in a
complaint last year in August of 2018 because Brent Narges failed to properly train Larry
Werner and I was arrested for disorderly conduct which was later dropped and (DISMISSED).

Please investigate the above mentioned Pittsburg Police officers Corporal Peterson and Brent
Narges for the proper training standards on the issues that have been addressed above on the
knowledge of (NOISE FOR CITY ORDINANCE) so that we don't have any more mistakes made
by Pittsburg Police then we already had with the recent resignations or firing of former
Pittsburg Police Officers Adam Harrison and Jesse Davis.

I appreciate an investigation into this matter as soon as possible.

Sincerely,

Noah Day

P.O Box 224

September 4, 201,\

The Attorney Generals Office

120 SW io- St. Memorial Building 2ndFloor

Topeka Ks 66612

OUSTER COMPLAINT

Pursuant to KS.A. 60-1205Grounds for Forfeiture of Office and Instituting Ouster Proceedings
against State Officers KS.A. 60-1206(a)(b). This is an Ouster Complaint against Pittsburg Police
chief Brent Narges and Pittsburg Police officer corporal Peterson of 201 N. Pine Pittsburg,
Kansas 66762under KS.A. 60-1205 and K.S.A. 60-1206(a)(b). Proceedings to oust a state officer
shall be commenced only by the attorney general.

Proceedings to oust a state officer shall be commenced only by the attorney general. This
complaint needs sent to the attorney generals office because of the "willfulness" that police
chief Brent Narges and Corporal Peterson have conducted.

This is a complaint against Pittsburg Police Chief Brent Narges and Pittsburg Police Officer
Corporal Peterson at 201 North Pine in Pittsburg Kansas 66762 for failing to properly train
Pittsburg Police Officer corporal Peterson for not properly following police standards and
training on 8-30-19because he does not know the ordinance of Division 2 NOISE of the Kansas
Code of ordinances See. 54-131.-Findings (3) and See. 54-135.-Specificnoises prohibited;
standards(2). He also does not know the Zoned Area of (Residential) from the times of 7:00
a.m- 10:00 p.m. with a dB(A) Level of 60.

This complaint was sent to this office because of the misconduct that Pittsburg Police Officer
Corporal Peterson displayed on Friday August 30,2019.

I called up to Pittsburg Police (3) different times on the date of August 30,2019 to complain
about a neighborhood party that was (NOISY). Corporal Peterson told me that "YOU lUST
LIVE IN THE WRONG PART OF TOWN" and said "IT WAS JUST A PARTY AND NOW LAWS
WERE BEING BROKEN". I then said "well since no laws are being broken I would like to
know what the NOISE ordinance is and who is included in the city ordinance and who is
exempt." He then said "I don't know what the ordinance is"?

Are you kidding me? How can we call the police to enforce a city ordinance when the officer
himself doesn't even know the city ordinance because obviously his supervisor chief Brent
Narges never properly trained Corporal Peterson.
I then said "well maybe I will just go park my car down and the intersection of Catalpa and
Jefferson or maybe south of the hospital and play my music real loud and make noise".
Corporal Peterson then said "I wouldn't do that if I were you or you will probably get
arrested" .

I just hung up the phone because I was so mad that Corporal Peterson didn't know the city
ordinance or he was being prejudice against me because I live in the wrong part of town at 213
E. Carlton but the nice houses down by Catalpa and Jefferson and south of the hospital are
included in the city ordinance.

I then went down to city hall on September 3, 2019 and got a cop of the Pittsburg code of
ordinances and have included them with this complaint to show that Corporal Peterson
discriminated against me on August 30,2019 because my address is not (EXEMPT)from the city
ordinance because I live in the wrong part of town like he informed me on August 30,2019.

The court case of State ex rel. Hecht v. Felker, 2003 WL 22389087,at *1 (Kan. Dist. Ct., Oct. 17,
2003) stated that" analysis of nearly all applicable ouster cases discloses that the misconduct of
the ousted public official either extended over lengthy intervals and involved numerous acts of
misconduct or the misconduct was particularly grievous and involved an evil motive of
personal gain for the ousted official." Id. At *2. In other words, ouster requires sufficiently
egregious conduct employed over a lengthy period of time or conduct employed with an evil
motive. In my opinion Officer Narges and Corporal Peterson need ousted from office because
they have continued to not follow proper protocol because last year on August 31, 2018 Brent
Narges had an OUSTER COMPLAINT filed against him for failing to properly train Pittsburg
Police officer Larry Warner.

Pittsburg Police chief Brent Narges continues to not properly train his employees on city
ordinances or state statutes and he needs a serious reprimand for this.

Please investigate the above mentioned Pittsburg Police officers Corporal Peterson and Brent
Narges for the proper training standards on the issues that have been addressed above on the
knowledge of (NOISE FOR CITY ORDINANCE) so that we don't have any more mistakes made
by Pittsburg Police then we already had with the recent resignations or firing of former
Pittsburg Police Officers Adam Harrison and Jesse Davis.

I appreciate an investigation into this matter as soon as possible. The ouster statute requires
"(willfulness), "the acts complained of must be willfully and intentionally done." State ex
reI. Stovall v. Meneley, 2000 WL 34001576 at *28 (Kan. Dist. Ct., Feb. 24, 2000) (citing State
ex reI. v. Scates, 43 Kan. 330, 23 P. 479 (1890); State ex reI. v. GTrinkle, 70 Kan. 396, 78 P.
854 (1904); State ex reI. v. Foley, 107 Kan. 608, 193 P. 361 (1920) State ex reI. v. Wilson,
108 Kan. 641, 196 P. 758 (1921); State ex reI. v. Duncan, 134 Kan. 85, 4 P.2d 443 (1931).
Although the ouster statutes do not contain a definition of willfulness, the term has been
defined to mean an act "performed" with a designed purpose or intent on the part of a
person to do wrong or to cause an injury to another." PIK Civ. 3d Section 103.04. The
intention of the officer is the key. S. Gard and R. Casad, Kansas Code of Civil Procedure
Annotated 3d Section 60-1205 (1997) (citing State ex reI. Hopkins v. Foley, 107 Kan. 608,
193 P. 361 (1920).

Corporal Peterson willfully did not enforce the city ordinance at 213 East Carlton because
he was prejudiced against me because (I LIVE IN THE WRONG PART OF TOWN) and that is
a derogatory remark meaning that I am a low life, scud, scumbag, and therefore my
neighborhood is exempt from the noise city ordinance.

S!?1!:nk?//ol£
Thomas Walters

213 E. Carlton

Pittsburg Ks 66762
September 6, 2019

Kansas Commission On Peace Officer's Standards and Training

1999 N. Amidon, Suite 350

Wichita Ks 67203

COMPLAINT

This is a complaint against Pittsburg Police Chief Brent Narges and Pittsburg Police Officer
Corporal Peterson at 201 North Pine in Pittsburg Kansas 66762 for failing to properly train
Pittsburg Police Officer Corporal Peterson for discriminating against me and not properly
following police standards and training on August 30,2019 because he does not know the
ordinance of Division 2 NOISE of the Kansas Code of ordinances See. 54-131.-Findings (3) and
See. 54-135.-Specificnoises prohibited; standards(2). He also does not know the Zoned Area of
(Residential) from the times of 7:00 a.m- 10:00p.m. with a dB(A) Level of 60.

This complaint was sent to this office because of the misconduct that Pittsburg Police Officer
Corporal Peterson displayed on Friday August 30, 2019.

I called up to Pittsburg Police (3) different times on the date of August 30,2019 to complain
about a neighborhood party that was (NOISY). Corporal Peterson told me that "YOU rUST
LIVE IN THE WRONG PART OF TOWN' and said "IT WAS JUST A PARTY AND NO LAWS
WERE BEING BROKEN". I then said "well since no laws are being broken I would like to
know what the NOISE ordinance is and who is included in the city ordinance and who is
exempt." He then said "I don't know what the ordinance is" "you just live in the wrong part of
town"? Are you kidding me? How can we call the police to enforce a city ordinance when _the
officer himself doesn't even know the city ordinance because obviously his supervisor chief
Brent Narges never properly trained Corporal Peterson.

I said "well maybe I will just go park my car down and the intersection of Catalpa and Jefferson
or maybe south of the hospital and play my music real loud and make noise". Corporal
Peterson then said "I wouldn't do that if I were you or you will probably get arrested" .

I just hung up the phone because I was so mad that Corporal Peterson didn't know the city
ordinance or he was being prejudice against me because I live in the wrong part of town at 213
E. Carlton but the nice houses down by Catalpa and Jefferson and south of the hospital are
included in the city ordinance. I then went down to city hall on September 3, 2019 and got a
copy of the Pittsburg code of ordinances and have included them with this complaint to show
that Corporal Peterson discriminated against me on August 30,2019 because my address is not
(EXEMPT) from the city ordinance because I live in the wrong part of town like he informed me
on August 30,2019.

The court case of State ex rel. Hecht v. Felker, 2003 WL 22389087, at *1 (Kan. Dist. Ct., Oct. 17,
2003) stated that analysis of nearly all applicable ouster cases discloses that the misconduct of
/I

the ousted public official either extended over lengthy intervals and involved nurn.erous acts of
misconduct or the misconduct was particularly grievous and involved an evil motive of
personal gain for the ousted official." Id. At *2. In other words, ouster requires sufficiently
egregious conduct employed over a lengthy period of time or conduct employed with an evil
motive. Officer Narges and Corporal Peterson need ousted from office because they have
continued to not follow proper protocol because last year on August 31, 2018 Brent Narges had
a complaint filed against him for failing to properly train Pittsburg Police officer Larry Warner.

Pittsburg Police chief Brent Narges continues to not properly train his employees on city
ordinances or state statutes and he needs a serious reprimand for this. Please investigate the
above mentioned Pittsburg Police officers Corporal Peterson and Brent Narges for the proper
training standards on the issues that have been addressed above on the knowledge of (NOISE
FOR CITY ORDINANCE) so that we don't have any more mistakes made by Pittsburg Police
then we already had with the resignations or firing of former Pittsburg Police Officers Adam
Harrison and Jesse Davis. I appreciate an investigation into this matter as soon as possible. The
ouster statute requires "(willfulness), "the acts complained of must be willfully and
intentionally done." State ex reI. Stovallv. Meneley,2000 WL 34001576 at *28 (Kan.Dist.Ct.,Feb. 24,
2000) (citingState ex reI.v. Scates,43 Kan.330, 23 P. 479 (1890); State ex reI.v. GTrinkle,70 Kan.396, 78 P.
854 (1904); State ex reI.v. Foley,107 Kan.608, 193 P. 361 (1920) State ex reI.v. Wilson, 108 Kan.641, 196 P.
758 (1921); State ex reI.v. Duncan,134 Kan.85, 4 P.2d 443 (1931). Although the ouster statutes do
not contain a definition of willfulness, the term has been defined to mean an act
"performed" with a designed purpose or intent on the part of a person to do wrong or to
cause an injury to another." PIK Civ. 3d Section 103.04. The intention of the officer is the
key. S. Gard and R. Casad, Kansas Code of Civil Procedure Annotated 3d Section 60-1205
(1997) (citingState ex reI. Hopkinsv. Foley, 107 Kan.608, 193 P. 361 (1920).

Corporal Peterson willfully did not enforce the city ordinance at 213 East Carlton because
he was prejudiced against me because (I LIVE IN THE WRONG PART OF TOWN) and that is
a derogatory remark meaning that I am a low life, scud, scumbag, and therefore my
neighborhood is exempt from the noise city ordinance.

213 E. Carlton, Pittsburg Ks 66762

Pittsburg, KS Code of Ordinances Page lof7

DIVISION 2. - NOISE

See. 54-131. - Findings.

It is hereby found:

(1) The making and creation of excessive, unnecessary or unusually loud sounds
and noises within the limits of the City is a condition which has existed for
some time in certain areas of the City;

(2) The making, creation or maintenance of such excessive, unnecessary, or

unusually loud sounds and noises which are prolonged and unusual in their
time, place and use, and any noise which unreasonably either annoys,
disturbs, injures, or endangers the comfort, repose, health, peace or safety of
others, are a detriment to public health, comfort, convenience, safety, weifare
and prosperity of the residents of the City; and

~ (3) It is necessary and in the public interest for the provisions and prohibitions
contained in this division to be enacted, and it is further declared that the
provisions and prohibitions contained in this ordinance and enacted are in
pursuance of and for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the City and its inhabitants.

(Ord. No. G-1196, § 1, 11-26-2013)

See. 54-132. - Definitions.

The following definitions shall apply:

Decibel (dB). A unit of level when the base of the logarithm is the tenth root of ten and the
quantities concerned are proportional to power. Unit symbol, dB.

dB(A). A weighted sound level measured in decibels by a general purpose, properly

calibrated, sound level meter complying with the provisions of the American National Standard
Institute.

Emergency motor vehicle. All emergency response vehicles belonging to a federal, state,
county, or municipal governmental agency, provided such vehicle is being used as an emergency
vehicle by one authorized to use such vehicle for that purpose.

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 Piftsburg, KS Code of Ordinances Page 2 of7

Emergency work. All work performed for the purposes of maintaining public safety,
preventing or alleviating physical trauma or property damage threatened or caused by an existing
or imminent peril.

Property line. The line which represents the legal limits of property owned, leased, or
otherwise occupied by a person, business, corporation or other entity. In cases involving sound
from an activity on a public street or other public right-of-way, the "property line" shall be the
nearest boundary of the public right-of-way.

Property owner. The named property owner as indicated by the records of the Register of
Deeds or Appraiser's Office in Crawford County, Kansas.

Sound amplification system or device. Includes all radio, radio receiving set, television,
phonograph, stereo, tape player, cassette player, compact disc player, "boom box," loudspeaker,
drum, jukebox, nickelodeon, musical instrument, sound amplifier or other device that produces,
reproduces, or amplifies sound.

Sound level meter. A device used to measure sound pressure levels with a standardized
frequency weighting and indicated exponential time weighting for measurements of sound level,
or without time weighting for measurement of time-average sound pressure level or sound
exposure level.

Zone or district A section of the zoning area within a jurisdiction for which uniform
regulations governing the use, height, area, size and intensity of use of buildings, land and open
space about buildings are established.

(Ord. No. G-1196, § 2, 11-26-2013)

'M See. 54-133. - Exemptions.

Exemptions. The following uses and activities shall be exempt from sound and noise level
regulations:

(1) Air-conditioning, pool and spa equipment when it is functioning in accord

with manufacturer's specifications and is in proper operating condition
provided that no unit may cause the sound or noise level to exceed the
residential zoning district sound and noise standards set forth in this division;

(2)

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Pittsburg, KS Code of Ordinances Page 3 of7

Lawn maintenance equipment when it is functioning in accord with

manufacturer's specifications and with all mufflers and noise-reducing
equipment in use and in proper operating condition;

(3) Non-amplified sounds and noises resulting from the activities such as those
planned for school, governmental or community groups or duly authorized by

such groups;

(4) Safety signals, warning and alarm devices, emergency generators, storm
warning sirens, emergency pressure relief valves or horns and the authorized
testing of such equipment;

(5) Authorized emergency vehicles when responding to an emergency call or

acting in time of emergency;

(6) Normal train operation;

(7) Church chimes or bells;

(8) Organized sporting events;

(9) Aircrafts and helicopters;

(10) Public or utility owned or operated stationary mechanical equipment so long

as such equipment is properly functioning pursuant to manufacturer's
specifications;

(11) Road and street noise generated from the normal operation of traffic.

(12) Emergency work necessary to restore property or public utilities to a safe

condition following a fire, accident or natural disaster.

(13) Sound made to alert persons of the existence of an emergency, imminent

danger, or attempted crime.

(14) Parades, concerts, festivals, fairs or similar activities subject to any sound
limits in the approval by the city.

(15) Athletic, musical, or cultural activities or events (including practices and

rehearsals) conducted by or under the auspices of public or private schools,
public or private colleges or universities, and Pittsburg Memorial Auditorium.

(16) Regular activities or operations of governmental units or agencies.

(17) Equipment and activities creating sound and noise from the collection of solid
waste.

(Ord. No. G-1196, § 3,11-26-2013)

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Pittsburg, KS Code of Ordinances Page 4 of7

See. 54-134. - Unlawful noise generally.

It shall be unlawful for any person to be in charge of any premises, or to participate in or be

in any party or gathering of people, from which any unusually loud, excessive or unnecessary
sound or noise emanates so as to annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of any person of reasonable sensibilities residing in or occupying the area. A
police officer may order all persons present at such a party or gathering to immediately disperse
from the vicinity of the party or gathering in lieu of being charged under this division; provided,
however, that owners or tenants are not required to leave their own dwelling unit. Owners or
tenants residing in a dwelling unit from which such noise emanates or where the party or
gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance
and failing to do so shall be in violation of this section.

(Ord. No. G-1196, § 4, 11-26-2013)

See. 54-135. - Specific noises prohibited; standards.

The following acts, among others, are declared to be loud, excessive and unnecessary sounds
and noises from a fixed, stationary source in violation of this section, but such enumerating shall
not be deemed to be exclusive, namely:

(1) The playing, using, operating, or permitting to be played, used or operated,

any radio, receiving set, musical instrument, phonograph, tape player,
television, VCR, compact disc player, loudspeaker, or other machine or device
for the producing or reproducing of sound in such manner, or with such
volume, intensity or continued duration so as to disturb the peace, quiet,
repose, and comfort of any person of reasonable sensibilities within the
vicinity or hearing thereof. The operation of one such set, instrument,
phonograph, tape player, television, VCR, compact disc player, loudspeaker,
machine or device above the limits listed in the table below shall be prima
facie evidence of a violation of this section.

t' (2) Yelling, shouting, whistling or singing on the public streets, highways, alleys or
sidewalks, or while on a private or public parking area or parking lot, or while
in or upon a private residence, lot or driveway, so as to annoy or disturb the
peace, quiet, comfort or repose of any person of reasonable sensibilities
within the vicinity or hearing thereof. Such yelling, shouting, hooting,

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Pittsburg, KS Code of Ordinances. Page 5 of7

whistling or singing above the limits listed in the table below from the
boundary of such street, highway, alley, sidewalk, parking area or parking lot,
or property line of such private residence, lot or driveway, shall be prima facie
evidence of a violation of this section.

(3) It is an affirmative defense to a charge under this section that the owner,
operator or occupier of the premises was in compliance with the terms and
conditions as set forth in a special event permit issued by the governing body.

a. The following factors shall be considered by the governing body in

making its determination to grant or deny a special event permit which
alters the time restrictions applicable to sounds and noises prohibited
by this section:

i. The public purpose to be served or advanced;

ii The character of the surrounding neighborhood; and

r
iii. The impact on the public safety and welfare.

(Ord. No. G-1196, § 5, 11-26-2013)

See. 54-136. - Measurement criteria.

For the purpose of determining and classifying any sound or noise as loud, unusual or
unnecessary as declared to be unlawful and prohibited by Section 54-134 or Section 54-135, the
test measurements and requirements set forth below may be applied.

It shall be unlawful to make or cause to be made sound or noise in excess of the sound and
noise performance standards established in this section. For the purpose of enforcement of the
provisions of this section, sound level shall be measured on the a-weighted scale on a sound level
meter of standard design and quality and having characteristics established by the American
National Standards Institute. The sound level meter shall be set for slow response speed, except
that for impulse noises or rapidly varying sound levels, fast response speed may be used. A sound
or noise registered on a sound level meter from any source with a duration exceeding three
minutes and not exempted or otherwise regulated by this section and which, when measured
anywhere off of the property of the sound or noise source, is in excess of the dB(A) established
for the time period and zoning district shall be a violation. Prior to measurement, the sound level

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Pittsburg, KS Code of Ordinances Page 6 of7

meter shall be verified, and adjusted according to the manufacturer's specifications by means of
an acoustical calibrator. When a sound can be measured from more than one zoning district, the
maximum permissible sound level of the more restrictive zone shalf apply.'

(1) Performance Standards. The measured sound source from the property shall
not exceed the dB(A) established for the time period and zoning district listed
below:

Zoned Area Time dB(A) Level

R-1A, R-1B, R-1C, R2, RP-3, RP-4 7:00 a.m.-1 0:00 p.m. 60

(Residential)
10:00 p.m.-7:00 a.m. 55

CP-O,CP-1, CP-2, CP-3, CP-4 7:00 a.m.-1 0:00 p.m. 6S

(Commercial)
10:00 p.m.-7:00 a.m. 60

DO (Downtown Overlay) 7:00 a.m.-1 :30 a.m. 80

1:30 a.m.-7:00 a.m. 65

IP-1, IP-2 (Light/Medium 7:00 a.m.-1 0:00 p.m. 70

Industrial)
10:00 p.m.-7:00 a.m. 6S

IP-3 (Heavy Industrial) 7:00 a.m.-1 0:00 p.m. 75

10:00 p.m.-7:00 a.m. 70

AP (Airport) N/A N/A

\
\

(Ord. No. G-1196, § 6, 11-26-2013; Ord. No. G-1262, § 1, 11-8-2016)

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Pittsburg, KS Code of Ordinances Page 70f7

See. 54-137. - Loud sound amplification systems; motor vehicles.

(a) It shall be unlawful for any person operating or occupying a motor vehicle on a
street, highway, alley, parking lot or driveway to operate or permit the operation of
any sound amplification system or devise from within the motor vehicle so that the
sound is plainly audible at a distance of 100 or more feet from the motor vehicle.

(b) The term ''plainly aud/ble"means any sound produced by a sound amplification
system or devise from within the motor vehicle, which may be clearly heard at a
distance of 100 feet or more. 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. The motor vehicle may be stopped,
standing, parked or moving on a street, highway, alley, parking lot or driveway.

(Ord. No. G-1196, § 7, 11-26-2013)

See. 54-138. - Loudspeakers; amplifiers; permit.

It shall be unlawful for any person, either as principal, agent or employee, to play, use or
operate for personal enjoyment, for purpose of attracting attention, or for advertising purposes
on the streets or alleys of the City, or upon any private property any device known as a
loudspeaker, or sound amplifier, or an instrument known as a calliope, or any other musical
instrument of similar character, without first procuring permission therefor from the City
Commission. The permission shall be granted at the discretion of the City Commission.

(Ord. No. G-1196, § 8, 11-26-2013)

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