It shall be unlawful for any person to make or cause or permit to be made upon any public or private property including public streets, alleys, thoroughfares or parks, any unnecessarily loud or excessive noise or sound which is physically or mentally annoying or disturbing to another person or persons or which disturbs the peace, quiet, or comfort of another person or persons. The noise was caused by authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the city. The interpretation of a statute is a legal question for which appellate review is unlimited. Whether a statute is constitutional is a legal question. Both the Kansas Supreme Court and the United States Supreme Court have provided standards to determine whether a statute is void for vagueness.
Vague laws offend several important values.
First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Based upon the above holdings in Wallace and Grayned , there are two questions we must answer.