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What Topeka ordinances say about noisy neighbors, barking dogs and loud music

What Topeka ordinances say about noisy neighbors, barking dogs and loud music

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When barking dogs or blaring music disturb their peace, Topekans can remedy that by reporting it.
The city can then address the problem and cite the noisemaker in connection with violating any of various ordinances listed in Article II of Section 9.45 of city code.
To submit a noise complaint, call the Topeka Police Department at 785-368-9551, according to the city's website.
Residents being kept awake by barking dogs might be glad to know that city code 9.45.330 bans "the keeping or harboring of any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity."
City animal control officers don't respond to barking dog calls, the city's website says.
"Topeka Police Officers respond to these complaints under the noise violation ordinance," it says.
City code 9.45.190 bans the use or operation of any device that produces or amplifies sound in a manner that disturbs the peace, quiet and comfort of others between 11 p.m. and 7 a.m.
For a violation to occur, the sound must be "audible at a distance of 50 feet from the premises, building structure or vehicle in which the device is located,' the ordinance says.
Construction-wise, the city bans between 7 p.m. and 7 a.m. 'the erection (including excavation), demolition, exterior alteration or exterior repair of any building or exterior construction project.'
It prohibits the operation between 10 p.m. and 7 a.m. 'of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.'
The city's rules call for its officials, in determining whether a noise ordinance has been violated, to take into account:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to residences.
The nature and zoning of the area within which the noise emanates.
The density of the inhabitation of the area within which the noise emanates.
The time of day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
And whether the noise is produced by a commercial or noncommercial activity.
Shawnee County has considerably less-restrictive rules governing its unincorporated areas than the city does regarding noise.
The county's rules ban noise from the discharge, explosion or use of any fireworks is except from 8 a.m. to midnight on June 27 to July 4.
They also prohibit "the keeping or harboring of any canine which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity."
Commissioners put the county's rules in place about 20 years ago, removing numerous requirements from the initial version of the proposal involved after residents said one reason they moved to rural areas was so they could have the freedom to make noise.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This article originally appeared on Topeka Capital-Journal: Topeka ordinances spell out remedies for barking dogs and loud music
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