The following are relevant Kent City Codes that affect our activities. For the full text of each please see the City of Kent Website.
The text in italics are a commentary and suggested dialogue should you be challenged. This does not constitute legal advice. Please always be courteous when discussing this with a security guard, private citizen, business owner, or police.
Kent City Code:
8.05.140 Other exemptions.
The following shall be exempt from all provisions of KCC 8.05.090:
10. Sounds caused by natural phenomena and unamplified human voices.
It is our understanding that unamplified human voices means the human voice without electronic amplification.
If you understand otherwise, then please contact the police.
9.02.200 Public disturbance.
A. A person is guilty of public disturbance if he or she:
1. Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances:
c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
It is our understanding that loud speech with the intent to communicate and/or persuade is not the same as yelling with the result of communicating a clear and present danger. It is further our understanding that loud communication is not unreasonable in that those who do not wish to hear do not have to listen. Further, so long as the communication is not heard within the building of business owners, then it is not unreasonable. The fact that some may be offended by the content of the communication is not sufficient to restrict that communication (Cantwell v. Connecticut, 310 U.S. 296 (1940)). Finally, it is our understanding that public disturbance ordinances do not trump the Freedom of Speech granted by the First Amendment.
For further information: http://www.cfac.org/Lawyers/disturbingthepeace.php
If your understanding is otherwise, then please contact the police.
