Topeka, KS Noise Ordinances: Construction Hours (2026)

TMC § 9.45.290 sets Topeka's citywide construction-noise curfew: "The erection (including excavating), demolition, exterior alteration or exterior repair of any building or exterior construction project is prohibited between the hours of 7:00 p.m. and 7:00 a.m." That leaves a 12-hour daytime work window, 7:00 a.m. to 7:00 p.m., for erecting, excavating, demolishing or exteriorly altering or repairing a building, or working an exterior construction project generally. The section was enacted by Ord. 19775 § 4 on October 23, 2012, the same ordinance that rewrote the noise article's findings (§ 9.45.150), standards (§ 9.45.160) and general prohibition (§ 9.45.170).

The section builds in its own variance path rather than routing every exception through the noise article's Council-resolution process: "Exceptions may be granted in the interest of public health and safety with authorization from the City Manager or designee." That places approval with the City Manager's office rather than requiring a Council vote, and ties any exception to a public-health-or-safety justification rather than convenience or scheduling. Section 9.45.290 cross-references Title 14 (Buildings and Construction), which governs permitting for the underlying work; the noise curfew is a separate, additional restriction on when permitted work may proceed, not a substitute for a building permit.

No penalty is printed in § 9.45.290, so the citywide default applies: TMC § 9.05.020 makes any Title 9 violation a misdemeanor "punished as provided in TMC 1.10.070," which sets a fine of $1.00 to $499.00, up to 179 days in the City jail, or both, and treats each day of a continuing violation as a separate offense.