Article I. In General
Sec. 38-101 Definitions.
Sec. 38-102 Liability
for offenses of another.
Sec. 38-103 Corporations;
criminal responsibility; individual liability.
Sec. 38-201 Attempts.
Sec. 38-202 Conspiracy.
Sec. 38-301
Sec. 38-301a Domestic
Sec. 38-302
Sec. 38-303 Vehicular
battery.
Sec. 38-304 Assault.
Sec. 38-305 Assault
of a law enforcement officer.
Sec. 38-306 Unlawful
interference with firefighter.
Sec. 38-307 Unlawful
restraint.
Sec. 38-308 Mistreatment
of confined person.
Sec. 38-309 Violation
of protection from abuse order.
Sec. 38-401 Lewd,
lascivious behavior.
Sec. 38-402 Indecent
solicitation of child.
Sec. 38-403 Prostitution.
Sec. 38-404 Promoting
prostitution.
Sec. 38-405 Patronizing
a prostitute.
Sec. 38-501 Contributing
to a child’s misconduct or deprivation.
Sec. 38-502 Furnishing
alcoholic liquor to a minor.
Sec. 38-503 Endangering
a child.
Sec. 38-504 Curfew.
Sec. 38-505 Watercraft,
lifesaving devices required.
Cross reference-Vandalism of the utility
system or any part thereof prohibited, § 14-106.
State law references-Rewards for information
related to crimes, K.S.A. 12-1672a; general definitions, K.S.A. 21-3110;
principles of criminal liability, K.S.A. 21-3201-21-3217.
Sec. 38-601 Theft.
Sec. 38-602 Intent
to permanently deprive.
Sec. 38-603 Theft
of lost or mislaid property.
Sec. 38-604 Theft
of services.
Sec. 38-605 Unlawful
deprivation of property.
Sec. 38-606 Criminal
damage to property.
Sec. 38-607 Criminal
trespass.
Sec. 38-608 Littering.
Sec. 38-609 Tampering
with a landmark.
Sec. 38-610 Tampering
with a traffic signal.
Sec. 38-611 Unlawful
manufacture or disposal of false tokens.
Sec. 38-612 Serial
numbers; altering, removing, etc.
Sec. 38-613 Withholding
possession of public property.
Sec. 38-614 Unlawful
deposits in sewers.
Sec. 38-615 Damaging
sewers.
Sec. 38-616 Giving
a worthless check.
Sec. 38-617 Unlawful
use of a financial card.
Sec. 38-701 Compounding
an offense.
Sec. 38-702 Obstructing
legal process or official duty.
Sec. 38-703 Escape
from custody.
Sec. 38-704 Interference
with administration of justice.
Sec. 38-705 Falsely
reporting an offense.
Sec. 38-706 Performance
of unauthorized official act.
Sec. 38-707 Simulating
legal process.
Sec. 38-708 Tampering
with public record.
Sec. 38-709 Tampering
with public notice.
Sec. 38-710 False
signing of petition.
Sec. 38-711 False
impersonation.
Sec. 38-712 Interference
with conduct of public business in public building.
Sec. 38-713 Interference
with police dogs.
Sec. 38-714 Resisting
arrest.
Sec. 38-801 Generally.
Sec. 38-901 Disorderly
conduct, noise.
Sec. 38-902 Unlawful
assembly.
Sec. 38-903 Remaining
at unlawful assembly.
Sec. 38-904 Riot.
Sec. 38-905 Maintaining
a public nuisance.
Sec. 38-906 Permitting
a public nuisance.
Sec. 38-907 Giving
a false alarm.
Sec. 38-908 Criminal
desecration.
Sec. 38-909 Desecrating
a cemetery.
Sec. 38-910 Harassment
by telephone or radio.
Article X. Offenses Against Public Safety
Sec. 38-1001 Unlawful
use of weapons.
Sec. 38-1002 Drawing
weapon upon another.
Sec. 38-1003 Unlawful
disposal of firearms.
Sec. 38-1004 Unlawful
possession of firearm.
Sec. 38-1005 Confiscation,
disposal and seizure of weapons.
Sec. 38-1006 Unlawful
discharge of firearm.
Sec. 38-1007 Unlawful
discharge of BB gun, etc.
Sec. 38-1008 Unlawful
use of projectiles.
Sec. 38-1009 Unlawful
aiding or abetting discharge of air guns, etc.
Sec. 38-1010 Carrying
concealed explosive.
Sec. 38-1011 Detonation
of explosives.
Sec. 38-1012 Defacing
identification marks of a firearm.
Sec. 38-1013 Creating
a hazard.
Sec. 38-1014 Unlawful
failure to report a wound.
Sec. 38-1015 Carrying
of Concealed Firearms Prohibited.
New
Section Added: (Ord. No. 3608-06, 12-6-06)
Sec. 38-1101 Gambling.
Sec. 38-1102 Permitting
premises to be used for commercial gambling.
Sec. 38-1103 Possession
of a gambling device.
Sec. 38-1201 Definitions.
Sec. 38-1202 Drug
paraphernalia; determination; factual considerations.
Sec. 38-1203 Use
of items prohibited.
Sec. 38-1204 Delivery
of items prohibited.
Sec. 38-1205 Delivery
of certain purported items prohibited; presumptions stated.
Sec. 38-1206 Forfeiture
of paraphernalia and certain controlled substances.
Sec. 38-1207 Use
of prohibited substances unlawful.
Sec. 38-1208 Possession
of prohibited substances unlawful.
Sec. 38-1209 Penalty
for violation of article.
ARTICLE XIII.
Prohibiting Anyone Less than Twenty-One (21) Years of Age from Driving a
Vehicle within the Corporate Limits of the City of Ottawa, Kansas, Who has a
Breath or Blood Alcohol Concentration of .02 or Greater.
ARTICLE XIV.
Violations, Penalties.
Sec. 38-1401 Classes of misdemeanor and
confinement.
Sec. 38-1402 Fines.
Sec. 38-1501 Application;
Sec. 38-1502 Severability.
Sec. 38-101 Definitions.
The following words, terms
and phrases, when used in this Chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
Act- means a failure or omission
to take action.
Air gun or air rifle- means
any device, whether or not in the shape and form commonly associated with the
term “pistol,” “sidearm,” “small arms,” “rifle,” “shotgun,” or any other type
of gun, designed to forcibly expel from an opening therein any pellet or BB
shot, and whether operating from and upon compressed air or mechanical or
elastic springwork or otherwise.
Alcoholic beverage or alcoholic liquor-
means alcohol, spirits, wine, beer and every liquid or solid, patented or not,
containing alcohol, spirits, wine or beer and capable of being consumed as a
beverage by a human being.
Another- means a person as defined
in this Code, other than the person whose act is claimed to be an offense.
City or this City- means the
City of
Conduct- means an act or series of
acts, and the accompanying mental state.
Conviction- means a judgment of guilt
entered upon a plea or finding of guilt.
Deception- means knowingly and
willfully making a false statement or representation, express or implied,
pertaining to a present or past existing fact.
Deprive permanently- means to:
A. Take from the owner the possession
or use or benefit of the owner’s property, without intent to restore such
property.
B. Retain property without intent to
restore the property or with intent to restore such property to the owner only
if the owner purchases or leases it back, or pays a reward or compensation for
its return.
C. Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.
Dwelling- means a building or portion
thereof, a tent, a vehicle, or other enclosed space which is used or intended
for use as a human habitation, home or residence.
Intent to defraud- means an intention to
deceive another person, and to induce such other person, in reliance upon such
deception, to assume, create, transfer, alter or terminate a right, obligation
or power with reference to property.
Law enforcement officer- means any person who by
virtue of his office or public employment is vested by law with a duty to
maintain public order or to make arrests for offenses, whether that duty
extends to all offenses or is limited to specific offenses.
Obtain- means to bring about a
transfer of interest in or possession of property, whether to the offender or
to another.
Obtains or exerts control
over property-
means and includes, but is not limited to, the taking, carrying away, or the
sale, conveyance or transfer of title to, interest in, or possession of
property.
Owner- means a person who has any
interest in property.
Person- means an individual, public
or private corporation, government, partnership or unincorporated association.
Personal property- means goods, chattels,
effects, evidences of rights in action and all written instruments by which any
pecuniary obligation, or any right or title to property, real or personal,
shall be created, acknowledged, assigned, transferred, increased, defeated,
discharged or dismissed.
Property- means anything of value,
tangible or intangible, real or personal.
Prosecution- means all legal proceedings
by which a person’s liability for an offense is determined.
Public employee- means a person employed by
or acting for the City and who is not a public officer.
Public offense or offense- means an
act or omission defined by this Chapter which, upon conviction, is punishable
by fine, confinement, or both fine and confinement.
Public officer- means and includes the
following, whether elected or appointed:
A. An executive or administrative
officer of the City.
B. A member of the Board of
Commissioners.
C. A judicial officer, which shall
include a judge, municipal judge, magistrate, juror, master or any other person
appointed by a judge or court to hear or determine a cause of controversy.
D. A hearing officer, which shall
include any person authorized by law or private agreement to hear or determine
a cause or controversy and who is not a judicial officer.
E. A law enforcement officer or public
safety officer.
F. Any other person exercising the
functions of a public officer under color of right.
Real property or real estate- means
every estate, interest and right in lands, tenements and hereditaments.
Solicit or solicitation-
means to command, authorize, urge, incite, request or advise another to commit
an offense.
Stolen property- means property over which
control has been obtained by theft.
Threat- means a communicated intent
to inflict physical or other harm on any person or on property.
Vessel- means any watercraft
designed to be propelled by machinery, oars, paddles or wind action upon a sail
for navigation on the water.
Written instrument- means any paper, document or
other instrument containing written or printed matter or the equivalent
thereof, used for the purpose of reciting, embodying, conveying or recording
information, and any money, token, stamp, seal, badge, trademark, or other
evidence or symbol of value, right, privilege or identification, which is
capable of being used to the advantage or disadvantage of some person.
REVISED: (Ord. No. 3036-92, 08-05-92)
Cross reference-Definitions and rules of
construction generally, § 1-101; 1-102.
State law references-Similar provisions, K.S.A.
21-3110; K.S.A. 21-3413; K.S.A. 41102; K.S.A. 41-2701; K.S.A. 82a-802.
Sec. 38-102 Liability for offenses of another.
A. A person is criminally responsible for an offense committed by another if such person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense.
B. A person liable under Subsection (A) hereof is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the offense intended.
C. A person liable
under this Section may be charged with and convicted of the offense although
the person alleged to have directly committed the act constituting the offense
lacked criminal or legal capacity to commit the offense or has not been
convicted or has been acquitted or has been convicted of some other degree of the
offense or of some other offense based on the same act.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3205.
Sec. 38-103 Corporations; criminal responsibility;
individual liability.
A. Criminal responsibility.
1. A corporation is criminally
responsible for acts committed by its agents when acting within the scope of
their authority.
2. “Agent,” as used in this Section,
means any director, officer, servant, employee or other person who is
authorized to act on behalf of the corporation.
B. Individual liability for corporate offenses.
1. An individual who
commits public offenses, or causes public offenses to be performed, in the name
of or on behalf of a corporation is legally responsible to the same extent as
if such acts were in his or her own name or on his or her own behalf.
2. An individual who
has been convicted of an offense based on conduct performed by the individual
for and on behalf of a corporation is subject to punishment as an individual
upon conviction of such offense, although a lesser or different punishment is
authorized for the corporation.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3205, 21-3207.
ARTICLE II.
ANTICIPATORY OFFENSES
Sec. 38-201 Attempts.
A. An attempt to commit any public offense is:
1. Any overt act
toward the perpetration of an offense done by a person who intends to commit
such offense but fails in the perpetration thereof or is prevented or
intercepted in executing such offense.
2. It shall not be a defense to a
charge of attempt that the circumstances under which the act was performed or
the means employed or the act itself were such that the commission of the
offense was not possible.
B. An attempt to commit a Class A misdemeanor is a Class B
misdemeanor.
C. An attempt to commit a Class B or C misdemeanor is a
Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3301.
Sec. 38-202 Conspiracy.
A. A conspiracy to commit a public offense is an agreement with another person to commit an offense made unlawful by this Code, or to assist to commit an offense made unlawful by this Code. No person may be convicted of a conspiracy unless an overt act in the furtherance of such conspiracy is alleged and proved to have been committed by him or by a co-conspirator.
B. It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of his co-conspirators, before any overt act in furtherance of the conspiracy had been committed by the accused or by a co-conspirator.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3302.
ARTICLE III.
OFFENSES AGAINST PERSONS
Sec. 38-301
A.
B.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3412.
Sec. 38-301a Domestic
A.
Domestic
B.
Intentionally causing physical contact with a family or household
member by a family or household member when done in a rude, insulting, or angry
manner.
C.
Upon a first conviction of domestic battery, a person shall be guilty
of a Class B person misdemeanor and sentenced to not less than forty-eight (48)
consecutive hours nor more than six (6) months’ imprisonment and fined not less
than two hundred dollars ($200.00), nor more than five hundred dollars
($500.00) or in the Court’s discretion the Court may enter an order which
required the person to enroll in and successfully complete a domestic violence
prevention program.
D.
If, within five (5) years immediately preceding commission of a crime,
a person is convicted of a violation of Domestic Battery a second time, such
person shall be guilty of a Class A person misdemeanor and sentenced to not
less than ninety (90) days nor more than one (1) year’s imprisonment and fined
not less than five hundred dollars ($500.00) nor more than one thousand dollars
($1,000.00). The five (5) days
imprisonment mandated by this subsection may be served in a work release
program only after such person has served forty-eight (48) consecutive hours’
imprisonment, provided such work release program requires such person to return
to confinement at the end of each day in the work release program. The person convicted must serve at least five
(5) consecutive days’ imprisonment before the person is granted probation,
suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation,
suspension of sentence or parole or of any other release, the person shall be
required to enter into and complete a treatment program for domestic violence
prevention in addition to, or in lieu of, other penalties provided herein.
E.
Family or household member means person 18 years-of-age or older who
are spouses, former spouses, parents or step-parents and children or
step-children, and persons who are presently residing together or who have
resided together in the past, and persons who have a child in common regardless
of whether they have been married or who have lived together at any time. Family or household member also includes a
man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any
time.
F.
For the purpose of determining whether a conviction is a first, second,
third, or subsequent conviction in sentencing under this Section:
1.
“Conviction” includes being convicted of a violation of this Section or
entering into a diversion or deferred judgment agreement in lieu of further
criminal proceeding on a complaint alleging a violation of this Section.
2.
“Conviction” includes being convicted of a violation of a law of
another state, or an ordinance of any city, or resolution of any county, which
prohibits the acts that this section prohibits or entering into a division or
deferred judgment agreement in lieu of further criminal proceedings in a case alleging
a violation of such law, ordinance, or resolution.
3.
Only convictions occurring in the immediately preceding five (5) years
including prior to the effective date of this ordinance shall be taken into
account, but the Court may consider other prior convictions in determining the
sentence to be imposed within the limits provided for a first, second, third,
or subsequent offender, whichever is applicable.
4.
It is irrelevant whether an offense occurred before r after conviction
for a previous offense.
REVISED: (Ord. No. 3377-01, 09-19-01)
Sec. 38-302
A.
B.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.
21-3413.
Sec. 38-303 Vehicular battery.
A.
Vehicular battery is unintentionally causing
bodily harm to another human being, which is done while committing a violation
of K.S.A. 8-1566, 8-1567 or 8-1568, and amendments thereto, or any ordinance of
this City which prohibits any of the acts prohibited by such statutes.
B.
Vehicular battery is a Class A misdemeanor for
which the offender, if the violation is committed while committing a violation
of K.S.A. 8-1567 and amendments thereto or any ordinance of this City which
prohibits any acts prohibited by such statute, shall:
1. Be fined not less than one thousand
dollars ($1,000.00).
2. Not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least ninety (90) days’ imprisonment.
3. Be required, as a condition of any grant of probation, suspension or reduction of sentence, parole or other release, to enter into and successfully complete an alcohol and drug safety action program or a treatment program as provided in K.S.A. 8-1008 and amendments thereto, or both the education and treatment programs.
4. Have driving privileges suspended, or suspended and restricted as provided by K.S.A. 8-1014.
C. As used in this
Section, “bodily injury” means great bodily harm, disfigurement or
dismemberment.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3405b.
State law reference-Crimes against persons, K.S.A. 21-3401 et seq.
Sec. 38-304 Assault.
An assault is an intentional threat or attempt to do
bodily harm to another coupled with apparent ability and resulting in immediate
apprehension of bodily harm. Assault is
a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3408.
Sec. 38-305 Assault
of a law enforcement officer.
A. Assault of a law
enforcement officer is an assault, as defined in Section 38-304, committed
against a uniformed or properly identified Federal, State, County or City law
enforcement officer while such officer is engaged in the performance of his/her
duties.
B. Assault of a law
enforcement officer is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3409.
Sec. 38-306 Unlawful
interference with firefighter.
A.
Unlawful interference with a firefighter is
knowingly and intentionally interfering with, molesting or assaulting any
firefighter while engaged in the performance of his/her duties, or knowingly
and intentionally obstructing, interfering with or impeding the efforts of any
firefighter to reach the location of a fire.
B. Unlawful
interference with a firefighter is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3416.
Sec. 38-307 Unlawful
restraint.
A. Unlawful restraint
is knowingly and without legal authority restraining another so as to interfere
substantially with his/her liberty. This
Section shall not apply to acts done in the performance of duty by an
authorized law enforcement officer of the City.
B. Any merchant, his or
her agent or employee who has probable cause to believe that a person has
actual possession of and
1. Has
wrongfully taken.
2. Is about to wrongfully take merchandise from a mercantile establishment may detain such person:
a. On the premises.
b. In the
immediate vicinity thereof, in a reasonable manner and for a reasonable period
of time for the purpose of investigating the circumstances of such possession.
Such reasonable detention shall not constitute an
arrest nor an unlawful restraint.
(K.S.A. 21-3424)
C. Unlawful
restraint is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3424.
Sec. 38-308 Mistreatment
of confined person.
Mistreatment of a confined person is the
intentional abuse, neglect or ill-treatment of any person who is detained or
confined and who is physically disabled, mentally ill or mentally retarded or
whose detention or confinement is involuntary, by any law enforcement officer
or by any person in charge of or employed by the owner or operator of any
correctional institution, any public or private hospital or any nursing home.
Mistreatment of a confined person is a Class A
misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3425.
Sec. 38-309 Violation
of protection from abuse order.
A.
Violation
of a Protective Order is knowingly or intentionally violating:
1.
A
protection from Abuse Order issued pursuant to K.S.A. 60-3105, 60-3106 and
60-3107, and amendments thereto.
2.
An order
issued as a condition of pre-trial release, diversion, probation or suspended
sentence that Orders the person to refrain from having any direct or indirect
contact with another person.
3.
A
protection from Stalking Order issued pursuant to K.S.A. 60-31a05 or K.S.A.
60-31a06, and amendments thereto.
B.
As used
in this section, Court Order includes any order issued by a Municipal or
District Court.
C.
Violation
of a Protective Order is a Class A Misdemeanor.
REVISED: (Ord.
No. 3036-92, 08-05-92; Ord. No. 3461-03,
12-17-03)
State
law reference-Similar
provisions, K.S.A. 60-3107.
Changed
7-22-04
ARTICLE
IV. SEX OFFENSES
Sec. 38-401 Lewd,
lascivious behavior.
Lewd and lascivious behavior is:
A.
Engaging in sexual intercourse or sodomy with
any person or animal with knowledge or reasonable anticipation that the
participants are being viewed by others.
B. Publicly exposing a sex
organ or exposing a sex organ in the presence of a person who is not the spouse
of the offender and who has not consented thereto, with the intent to arouse or
gratify the sexual desires of the offender or another”.
C. Lewd and lascivious
behavior is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92;
Ord. No. 3489-04, 11-17-04) Changed:
07-21-05
State law reference-Similar provisions, K.S.A. 21-3508.
Sec. 38-402 Indecent
solicitation of child.
A. Indecent
solicitation of a child is the accosting, enticing or soliciting of a child
under the age of sixteen (16) years to commit or to submit to an unlawful
sexual act.
B. Indecent
solicitation of a child is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3510.
Sec. 38-403 Prostitution.
A. Prostitution is performing for hire,
or offering or agreeing to perform for hire where there is an exchange of
value, any of the following acts:
1. Sexual
intercourse.
2. Sodomy.
3. Manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
B. Prostitution
is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3512.
Sec. 38-404 Promoting
prostitution.
A. Promoting
prostitution is:
1. Establishing, owning, maintaining
or managing a house of prostitution, or participating in the establishment,
ownership, maintenance, or management thereof.
2. Permitting any place partially or
wholly owned or controlled by the defendant to be used as a house of
prostitution.
3. Procuring a prostitute for a house
of prostitution.
4. Inducing another to become a
prostitute.
5. Soliciting a patron for a
prostitute or for a house of prostitution.
6. Procuring a prostitute for a
patron.
7. Procuring transportation or paying for the transportation of, or transporting a person within this City with the intention of assisting or promoting that person engaging in prostitution.
8. Being employed to perform any act
which is prohibited by this Section.
B.
Promoting prostitution is a Class A misdemeanor,
except as provided by K.S.A. 21-3513, where promoting prostitution is a Class E
felony when the prostitute is under sixteen (16) years of age.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3513.
Sec. 38-405 Patronizing
a prostitute.
A. Patronizing
a prostitute is either:
1. Knowingly entering or remaining in a house of prostitution with intent to engage in sexual intercourse, sodomy or any unlawful sexual act with a prostitute.
2. Knowingly hiring a prostitute to engage in sexual intercourse, sodomy or any unlawful sexual act.
B. Patronizing
a prostitute is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3515.
ARTICLE V.
OFFENSES AFFECTING CHILDREN
Sec. 38-501 Contributing to a child’s misconduct or
deprivation.
A. Contributing to a
child’s misconduct or deprivation is causing a child under eighteen (18) years
of age:
1. To become or remain a traffic offender, child in need of care as defined by the state code for care of children, or a juvenile offender as defined by the state juvenile offenders code.
2. Not to attend school as required by
law.
3. To commit an act which, if
committed by an adult, would be a public offense.
4. Failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer’s duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension.
B. Contributing to a
child’s misconduct or deprivation is a Class A misdemeanor.
C. A person may be found
guilty of contributing to a child’s misconduct or deprivation even though no
prosecution of the child whose misconduct or deprivation the defendant caused
or encouraged has been commenced in Municipal or District Court.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3612.
Sec. 38-502 Furnishing
alcoholic liquor to a minor.
A. Furnishing alcoholic
liquor to a minor is directly or indirectly selling to, buying for, giving or
furnishing any alcoholic liquor to any person under twenty-one (21) years of
age.
B. It
shall be a defense to a prosecution under this section if:
1. The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof.
2. The defendant sold the alcoholic liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age.
3. To purchase the alcoholic liquor, the minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was twenty-one (21) or more years of age.
C. Furnishing alcoholic
liquor to a minor is a Class B misdemeanor for which the minimum fine is two
hundred dollars ($200.00).
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3610.
Sec. 38-503 Endangering
a child.
A. Endangering a child
is willfully and unreasonably causing or permitting a child under the age of
eighteen (18) years to be placed in a situation in which its life, body or
health may be injured or endangered.
B. Nothing in this
Section shall be construed to mean a child is endangered for the sole reason
that his parent or guardian, in good faith, selects and depends upon spiritual
means alone through prayer, in accordance with the tenets and practice of such
church or religious denomination, for the treatment or cure of disease or
remedial care of such child.
C. Endangering
a child is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3608.
Sec. 38-504 Curfew.
A. It shall be unlawful
for any person under the age of eighteen (18) years to be upon the streets,
highways, parks, alleys, or public or private parking areas within the City
between the hours of 11:00 p.m. and 4:00 a.m. on Sunday, Monday, Tuesday,
Wednesday and Thursday and 12:00 a.m. and 4:00 a.m. Friday and Saturday unless:
1. By the most direct route traveling to, from or in the course of gainful employment.
2. By the most direct route traveling to, from or in the course of a sanctioned school related activity or event.
3. Accompanied by a parent or legal guardian or otherwise designated responsible person.
B. Each parent, legal
guardian or otherwise designated responsible person of each juvenile found in
violation of this Section shall be subject to a fine of not less than two
hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for
each separate violation.
REVISED: (Ord. No. 3122-94, 10-19-94)
Sec. 38-505 Watercraft,
lifesaving devices required.
A. The operator of
every vessel shall require every person twelve (12) years of age or under to
wear a United States Coast Guard approved Type I, Type II or Type III personal
flotation device while aboard or being towed by such vessel. A life belt or ring shall not satisfy the
requirement of this section.
B. Violation
of this section shall constitute a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 32-1129.
Sec. 38-601 Theft.
A. Theft is any of the
following acts done with the intent to deprive the owner permanently of the
possession, use, or benefit of the owner’s property:
1. Obtaining or exerting unauthorized
control over property.
2. Obtaining, by deception, control
over property.
3. Obtaining, by threat, control over
property.
4. Obtaining control over stolen property knowing the property to have been stolen by another.
B. Theft of property of the value of less than five hundred dollars ($500.00) is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3701.
Sec. 38-602 Intent
to permanently deprive.
A. In any prosecution
under this Section, the following shall be prima facie evidence of intent to
permanently deprive the owner or lessor of property of the possession, use or
benefit thereof:
1. The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property.
2. The failure of a person who leases or rents personal property to return such property within ten (10) days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven (7) days after receipt of the notice, in which case the subsequent return of the property within the seven (7) day period shall exempt such transaction from consideration as prima facie evidence as provided in this Section.
B. In any prosecution
in which the object of the alleged theft is a book or other material borrowed
from a library, it shall be prima facie evidence of intent to permanently
deprive the owner of the possession, use or benefit thereof if the defendant
failed to return such book or material within thirty (30) days after receiving
notice from the library requesting its return, in which case the subsequent return
of the book or material within the thirty (30) day period shall exempt such
transaction from consideration as prima facie evidence as provided in this
Section.
C. The word “notice” as
used in this Section shall be construed to mean notice in writing, and such
notice in writing will be presumed to have been given three (3) days following
deposit of the notice as registered or certified matter in the United States
mail, addressed to such person who has leased or rented the personal property
or borrowed the library materials, at the address as it appears in the
information supplied by such person at the time of such leasing, renting or
borrowing, or to such person’s last known address.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3702.
State law reference-Crimes against property, K.S.A. 21-3701 et seq.
Sec. 38-603 Theft
of lost or mislaid property.
Theft of lost or mislaid property is failure to take
reasonable measures to restore lost or mislaid property to the owner by a
person who has obtained control of such property, and who knows or learns the
identity of the owner thereof, and who intends to deprive the owner permanently
of the possession, use or benefit of the property.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3703.
Sec. 38-604 Theft
of services.
A. Theft of services is
obtaining services from another by deception, threat, coercion, stealth,
tampering or use of false token or device.
“Services,” within the meaning of this section, includes, but is not
limited to, labor, professional services, cable television service, public or
municipal utility or transportation service, telephone service, entertainment
and the supplying of equipment for use.
B. Theft of services of the value of less than five hundred dollars ($500.00) is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3704.
Sec. 38-605 Unlawful
deprivation of property.
A.
Unlawful deprivation of property is obtaining or
exerting unauthorized control over property with intent to deprive the owner of
temporary use thereof, without the owner’s consent but not with the intent of
depriving the owner permanently of the possession, use or benefit of his
property.
B. Unlawful
deprivation of property is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3705.
Sec. 38-606 Criminal
damage to property.
A. Criminal
damage to property is, by means other than by fire or explosive:
1. Willfully injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property in which another has an interest without the consent of such other person.
2. Injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property with intent to injure or defraud an insurer or lien holder.
B. Criminal damage to
property is a Class A misdemeanor if the property damaged is of the value of less
than five hundred dollars ($500.00) or is of the value of five hundred dollars
($500.00) or more and is damaged to the extent of less than five hundred
dollars ($500.00).
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3720.
Sec. 38-607 Criminal
trespass.
A. Criminal trespass is
entering or remaining upon or in any land, structure, vehicle, aircraft or
watercraft by a person who knows s/he is not authorized or privileged to do so.
1. Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person.
2. Such premises or property is posted in a manner reasonably likely to come to the attention of intruders, or is locked or fenced or otherwise enclosed, or shut or secured against passage or entry.
3. Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.
B. Criminal
trespass is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3721.
Sec. 38-608 Littering.
A. Littering
is dumping, throwing, placing, depositing or leaving or causing to be dumped,
thrown, deposited or left any refuse of any kind or any object or substance
which tends to pollute, mar or deface, into, upon or about:
1. Any public street, highway, alley,
road, right-of-way, park or other public place, or any lake, stream,
watercourse, or other body of water except by direction of some public officer
or employee authorized by law to direct or permit such acts.
2. Any private property without the consent of the owner or occupant of such property.
B. Littering
is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3722.
Sec. 38-609 Tampering
with a landmark.
A. Tampering
with a landmark is willfully and maliciously:
1. Removing any monument of stone or
other durable material, established or created for the purpose of designating
the corner of or any other point upon the boundary of any lot or tract of land,
or of the state, or any legal subdivision thereof.
2. Defacing or altering marks upon any tree, post or other monument made for the purpose of designating any point on such boundary.
3. Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks.
4. Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road.
5. Defacing or altering any
inscription on any such marker or monument.
6. Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011.
B. Tampering
with a landmark is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3724.
Sec. 38-610 Tampering
with a traffic signal.
A. Tampering with a
traffic signal is intentionally manipulating, altering, destroying or removing
any light, sign, marker, railroad switching device, or other signal device
erected or installed for the purpose of controlling or directing the movement
of motor vehicles, railroad trains, aircraft or watercraft.
B. Tampering
with a traffic signal is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3725.
Sec. 38-611 Unlawful
manufacture or disposal of false tokens.
A. The unlawful
manufacture or disposal of false tokens is manufacturing, offering for sale or
giving away any false token, slug, substance, false or spurious coin or other
device intended or calculated to be placed or deposited in any automatic
vending machine, coin-operated telephone, parking meter or other such
receptacle with intent to cheat or defraud the owner, lessee, licensee or other
person entitled to the contents of such automatic vending machine,
coin-operated telephone, parking meter or other receptacle designed to receive
coins or currency of the United States of America in connection with the sale,
use or enjoyment of property or services.
B.
The manufacture, advertising, offering for sale
or distribution of any slug, device or substance as described in Subsection (A)
shall be prima facie evidence of an intent to cheat or defraud within the
meaning of this Section.
C. Unlawful
manufacture or disposal of false tokens is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3730.
Sec. 38-612 Serial
numbers; altering, removing, etc.
A.
It shall
be unlawful for any person to willfully change, cover, alter, remove,
obliterate or deface any serial number or other manufacturer’s number or any
identification letters, words or numbers of any machine, apparatus or article
that carries a manufacturer’s serial number or any other identification
letters, words or numbers with the intent to conceal the identity of such
machine, apparatus or article from the rightful owner thereof or from law
enforcement personnel.
B. It
shall be unlawful for any person to knowingly buy, sell, receive, barter,
trade, dispose of or have in his possession any articles, devices, apparatuses,
or machines from which the manufacturer’s number or identification letters,
words or numbers have been changed, covered, altered, removed, obliterated,
defaced or destroyed with the intent to conceal the identity thereof from the
rightful owner or from law enforcement personnel.
C.
Possession of any of the manufacturer’s
articles, devices, apparatuses or machines from which the manufacturer’s serial
number or other manufacturer’s number or identification mark, or the name of
the manufacturer or make or model, or any other identification letters, words
or numbers have been changed, covered, altered, removed, obliterated, defaced
or destroyed shall be prima facie evidence that the possessor has changed,
covered, altered, removed, obliterated, defaced or destroyed the same with the
intent to cancel, destroy or misrepresent the identity, type, or ownership of
such machine, apparatus or article.
D. Violation
of this Section is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-613 Withholding
possession of public property.
A.
It shall
be unlawful for any person to unlawfully take possession of any property, real
or personal, belonging to the City, or to the possession of which the City
shall be entitled, or to commit any trespass thereon, or to unlawfully withhold
any property from the City. The unlawful
withholding of the possession of any property belonging to the City after
demand therefore has been made under the direction of the Board of
Commissioners shall be deemed a new and separate offense for each day the
possession is withheld after such demand.
B. With-holding
possession of public property is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-614 Unlawful deposits in sewers.
A.
No person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewer:
1. Any liquid or vapor having a
temperature higher than 150 degrees Fahrenheit.
2. Any water or waste which may
contain more than one hundred (100) parts per million, by weight, of fat, oil
or grease.
3. Any gasoline, benzene, naphtha,
fuel oil or other flammable or explosive liquid, solid or gas.
4. Any garbage that has not been properly
shredded.
5. Any ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch
manure, or any other solid or viscous substance capable of causing obstruction
of the flow in sewers or other interference with the proper operation of the
sewage works.
6. Any waters or wastes having a pH
lower than 5.5 or higher than 9.0 or having any other corrosive property
capable of causing damage or hazard to structures, equipment and personnel of
the sewage works.
7. Any waters or wastes containing a
toxic or poisonous substance in sufficient quantity to injure or interfere with
any sewage treatment process, constitute a hazard to humans or animals, or
create any hazard in the receiving waters of the sewage treatment plant.
8. Any waters or wastes containing
suspended solids of such character and quantity that unusual attention or
expense is required to handle such materials at the sewage treatment plant.
9. Any noxious or malodorous gas or
substance capable of creating a public nuisance.
B. Unlawful
deposits in sewers is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3733.
Sec. 38-615 Damaging
sewers.
A.
It shall be unlawful for any person willfully to
injure or destroy, or attempt to injure or destroy, any public sewer, or to
molest any sewer or any part thereof by removing the cover of any flush tank,
manhole or any part of the public sewer system of the City without authority.
B. Violation
of this Section is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-616 Giving
a worthless check.
A.
Giving a worthless check is the making, drawing,
issuing or delivering or causing or directing the making, drawing, issuing or
delivering of a check, order or draft on any bank, credit union, savings and
loan association or depository for the payment of money or its equivalent with
intent to defraud and knowing, at the time of the making, drawing, issuing or
delivering of such check, order or draft, that the maker or drawer has no
deposit in or credits with the drawee or has not sufficient funds in, or
credits with, the drawee for the payment of such check, order or draft in full
upon its presentation.
B.
In any prosecution against the maker or drawer
of a check, order or draft payment, of which has been refused by the drawee on
account of insufficient funds the making, drawing, issuing or delivering of
such check shall be prima facie evidence of intent to defraud and of knowledge
of insufficient funds in, or on deposit with, the drawee unless the maker or
drawer pays the holder thereof the amount due thereon and a service charge not
exceeding ten dollars ($10.00) for each check, within seven (7) days after
notice has been given to the maker or drawer that such check draft or order has
not been paid by the drawee. As used in
this Section, “notice” includes oral or written notice to the person entitled
thereto. Written notice shall be
presumed to have been given when deposited as restricted matter in the
C. It shall be a
defense to a prosecution under this Section that the check, draft or order upon
which such prosecution is based:
1. Was postdated.
2. Was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation.
D. Giving a worthless
check is a Class A misdemeanor if the check, draft or order is drawn for less
than five hundred dollars ($500.00).
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3707.
Sec. 38-617 Unlawful
use of a financial card.
A. Unlawful use of a
financial card is any of the following acts done with intent to defraud and for
the purpose of obtaining money, goods, property, services or communication
services, other than telecommunication services as defined by K.S.A. 21-3745
and amendments thereto:
1. Using a financial card without the
consent of the cardholder.
2. Knowingly using a financial card,
or the number or description thereof, which has been revoked or canceled.
3. Using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.
B. For
the purpose of this Section:
Financial card- means an identification card,
plate, instrument, device or number issued by a business organization authorizing
the cardholder to purchase, lease or otherwise obtain money, goods, property,
services or communication services or to conduct other financial transactions.
Cardholder-
means the person to whom or for whose
benefit a financial card is issued.
C. For the purpose of
Subsection (A) (2) of this Section, a financial card shall be deemed canceled
or revoked when notice in writing thereof has been received by the named holder
thereof as shown on such financial card or by the records of the company.
D. Unlawful use of a
financial card is a Class A misdemeanor if the money, goods, property, services
or communication services obtained within a seven (7) day period are of the
value of less than five hundred dollars ($500.00).
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3729, 21-3745.
ARTICLE VII.
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
Sec. 38-701 Compounding
an offense.
A.
Compounding an offense is accepting or agreeing
to accept anything of value as consideration for a promise not to initiate or
aid in the prosecution of a person who has committed an offense.
B. Compounding
an offense is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Compounding a crime, K.S.A. 21-3807.
Sec. 38-702 Obstructing
legal process or official duty.
A.
Obstructing legal process or official duty is
knowingly and willfully obstructing, resisting, opposing or interfering with
any person authorized by law to serve process in the service.
B. Obstructing
legal process or official duty is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Crimes affecting governmental functions, K.S.A. 21-3801 et seq. or
execution or in the attempt to serve or execute any writ, warrant, process or
order of a court, in the discharge of any official duty, or knowingly giving
false testimony in a court proceeding.
State law reference- K.S.A. 21-3808.
Sec. 38-703 Escape
from custody.
A. Escape from custody
is escaping while held in lawful custody on a charge or conviction of a public
offense.
B. As
used in this Section:
Custody- means
arrest; detention in a facility for holding persons charged with or convicted
of offenses; detention for extradition or deportation; detention in a hospital
or other facility pursuant to court order, imposed as a specific condition of
probation or parole or imposed as a specific condition of assignment to a
community correctional services program; or any other detention for law
enforcement purposes. “Custody” does not
include general supervision of a person on probation or parole or constraint
incidental to release on bail.
Escape- means
departure from custody without lawful authority or failure to return to custody
following temporary leave lawfully granted pursuant to express authorization of
law or order of a court.
C. Escape
from custody is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3809.
Sec. 38-704 Interference
with administration of justice.
A.
Interference with the administration of justice
is communicating in any manner a threat of violence to any judicial officer or
harassing a judicial officer by repeated vituperative communication, or
picketing, parading or demonstrating in or near a building housing a judicial
officer or near his residence or place of abode with intent to influence,
impede or obstruct the finding, decision, ruling, order, judgment or decree of
such judicial officer on any manner then pending before him. Nothing in this Section shall limit or
prevent the exercise by any court of this State of its power to punish for
contempt.
B. Interference
with the administration of justice is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3816.
Sec. 38-705 Falsely
reporting an offense.
A. Falsely reporting an
offense is informing a law enforcement officer that an offense has been
committed, knowing that such information is false and intending that the officer
shall act in reliance upon such false information.
B. Falsely
reporting an offense is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3818.
Sec. 38-706 Performance
of unauthorized official act.
A.
Performance of an unauthorized official act is
knowingly and without lawful authority:
1. Conducting a marriage ceremony.
2. Certifying
an acknowledgment of the execution of any document which by law may be
recorded.
B. Performance
of an unauthorized official act is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3819.
Sec. 38-707 Simulating
legal process.
A. Simulating
legal process is:
1. Sending or delivering to another any document which simulates or purports to be or is reasonably designed to cause others to believe it to be a summons, petition, complaint, or other judicial process, with intent thereby to induce payment of a claim.
2. Printing, distributing or offering for sale any such document as described in Subsection (A)(1), knowing or intending that it shall be so used.
B. Simulating
legal process is a Class A misdemeanor.
C. This Section does
not apply to the printing, distribution or sale of blank forms of legal
documents intended for actual use in judicial proceedings.
(REVISED: Ord.
No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3820.
Sec. 38-708 Tampering
with public record.
A. Tampering with a
public record is knowingly and without lawful authority altering, destroying,
defacing, removing or concealing any public record.
B. Tampering
with a public record is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3821.
Sec. 38-709 Tampering
with public notice.
A. Tampering with a
public notice is knowingly and without lawful authority altering, defacing,
destroying, removing or concealing any public notice posted according to law,
during the time the notice is required or authorized to remain posted.
B. Tampering
with a public notice is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3822.
Sec. 38-710 False
signing of petition.
A. False signing of a
petition is the affixing of any fictitious or unauthorized signature to any
petition, memorial or remonstrance intended to be presented to the legislature,
or either house thereof, or to any agency or officer of the State of
B. False
signing of an official petition is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3823.
Sec. 38-711 False
impersonation.
A.
False impersonation is representing one’s self
to be a public officer or employee or a person licensed to practice or engage
in any profession or vocation for which a license is required by the laws of
the State, with knowledge that such representation is false.
B. False
impersonation is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A.21-3824
Sec. 38-712 Interference
with conduct of public business in
public building.
A. Interference
with conduct of public business in public buildings is:
1. Conduct at or in any public building owned, operated or controlled by the State or any of its political subdivisions so as to willfully deny to any public official, public employee or any invitee on such premises the lawful rights of such official, employee or invitee to enter, to use the facilities, or to leave any such public building.
2. Willfully impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof.
3. Willfully refusing or failing to leave any public building upon being requested to do so by the chief administrative officer or his or her designee charged with maintaining order in such public building, if such person is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures or functions being carried on in such public building.
4. Willfully impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session.
5. Willfully impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.
B.
Interference with the conduct of public business
in public buildings is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-3828.
Sec. 38-713 Interference
with police dogs.
A. It shall be unlawful
for any person to strike, abuse, tease, harass or assault any dog being used by
the City for the purpose of performing the duties of a police dog, regardless
of whether the dog is on duty or off.
B. It shall be unlawful
for any person to interfere with a dog being used by the Police Department or
to attempt to interfere with the handler of such dog in such manner as to
inhibit, restrict or deprive the handler of his or her control of the dog.
C. Violation
of this Section is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-714 Resisting arrest.
A. Resisting arrest is
obstructing, resisting, opposing or interfering with a law enforcement officer
while such officer is engaged in making an arrest.
B. Violation
of this Section is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
ARTICLE VIII. DENIAL OF CIVIL RIGHTS
Sec. 38-801 Generally.
A. Denial of civil
rights is denying to another, on account of the race, color, ancestry, national
origin, age, sex, physical handicap or religion of such other:
1. The full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the State or any political subdivision or municipality thereof.
2. The full and equal use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire, or any establishment which is engaged in selling food or beverages to the public for consumption upon the premises, or any place of recreation, amusement, exhibition or entertainment which is open to members of the public.
3. The full and equal use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods.
4. The full and equal use and enjoyment of the services, facilities, privileges and advantages of any establishment which offers personal or professional services to members of the public.
B. Denial
of civil rights is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4003.
Cross reference-Fair
housing, § 2-201 et seq.
ARTICLE IX.
OFFENSE AGAINST PUBLIC PEACE
Sec. 38-901 Disorderly
conduct, noise.
A. Disorderly conduct
is, with knowledge or probable cause to believe that such acts will alarm,
anger or disturb others or provoke an assault or other breach of the peace:
1. Engaging
in brawling or fighting.
2. Disturbing an assembly, meeting or
procession, not unlawful in its character.
3. Using offensive, obscene or abusive
language or engaging in noisy conduct tending reasonably to arouse alarm, anger
or resentment in another.
4. No person shall operate or permit the operation of any sound amplification systems from within or upon a vehicle, property or on their person so that the sound is plainly audible at a distance of one hundred (100) or more feet of such vehicle, property or person.
B. A
sound amplification system means any radio, tape player, compact disc,
loudspeaker, or other electronic device used for the amplification of sound.
C.
A plainly audible means any sound produced by a
sound amplification system which can be heard at a distance of one hundred
(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.
D.
It is an affirmative defense if shown that:
1. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.
2. The
vehicle was an emergency or public safety vehicle.
3. The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assembles or persons in compliance with ordinances of the City of Ottawa.
4. The vehicle was used in authorized public activities, such as parades, which have the approval of the City Commission.
E. Any person,
individual, partnership, corporation or association violating any of the
provisions of this ordinance is guilty of a misdemeanor and upon conviction,
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment of not more than six (6) months, or by both such fine and
imprisonment. Each day any violation
hereof is found to exist or continues to exist shall be a separate offense and
punishable as such hereunder.
REVISED: (Ord. No. 3253-98, 01-21-98)
State law reference-Similar provisions, K.S.A. 21-4101.
Sec. 38-902 Unlawful
assembly.
A. Unlawful assembly is
the meeting or coming together of not less than five (5) persons for the
purpose of engaging in conduct constituting either disorderly conduct, as
defined by Section 38-901, or a riot, as defined by Section 38-904, or when in
a lawful assembly of not less than five (5) persons, agreeing to engage in such
conduct.
B. Unlawful
assembly is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4102.
Sec. 38-903 Remaining
at unlawful assembly.
A.
Remaining at an unlawful assembly is willfully
failing to depart from the place of an unlawful assembly after being directed
to leave by a law enforcement officer.
B. Remaining
at an unlawful assembly is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4103.
Sec. 38-904 Riot.
A.
Riot is any use of force or violence which
produces a breach of the public peace, or any threat to use such force or violence
against any person or property if accompanied by power or apparent power of
immediate execution, by five (5) or more persons acting together and without
authority of law.
B. Riot
is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4104.
Sec. 38-905 Maintaining
a public nuisance.
A.
Maintaining a public nuisance is, by act or by
failure to perform a legal duty, intentionally causing or permitting a
condition to exist which injures or endangers the public health, safety or
welfare.
B.
Maintaining a public nuisance is a Class C
misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4106.
Sec. 38-906 Permitting
a public nuisance.
A.
Permitting a public nuisance is knowingly
permitting property under the control of the offender to be used to maintain a
public nuisance, as defined in Section 38-905.
B. Permitting
a public nuisance is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4107.
Sec. 38-907 Giving
a false alarm.
A. The
giving of a false alarm is:
1. Initiating or circulating a report
or warning of an impending bombing or other crime or catastrophe, knowing that
the report or warning is baseless and under such circumstances that is likely
to cause evacuation of a building, place of assembly or facility of public
transport or to cause public inconvenience or alarm.
2. Transmitting in any manner to the
Fire Department of any city, township or other municipality a false alarm of
fire, knowing at the time of such transmission that there is no reasonable
grounds for believing that such fire exists.
3. Making a call in any manner for emergency service assistance, including police, fire, medical or other emergency service provided under K.S.A. 12-5301 et seq. and amendments thereto, knowing at the time of such call that there is no reasonable grounds for believing such assistance is needed.
B. Giving
a false alarm is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4110.
Sec. 38-908 Criminal
desecration.
A. “Desecrate” means to
deface, damage, pollute or otherwise physically mistreat in any way that will
outrage the sensibilities of persons likely to observe or discover the action.
B.
Criminal desecration is purposely desecrating
any public monument or structure, or any place of worship, or purposely and
publicly desecrating the National Flag, the State Flag or any other object
venerated by the public or a substantial segment thereof.
C. Criminal
desecration is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4111.
Sec. 38-909 Desecrating
a cemetery.
Desecrating a cemetery is knowingly and without
authorization of law:
A. Destroying, cutting, mutilating,
defacing or otherwise injuring, tearing down or removing any tomb, monument,
memorial or marker in a cemetery, or any gate, door, fence, wall, post or
railing or any enclosure for the protection of a cemetery or any property in a
cemetery.
B. Obliterating any grave, vault, niche
or crypt.
C. Destroying, cutting, breaking or
injuring any building, statuary, ornamentation, tree, shrub or plant within the
limits of a cemetery.
Desecrating a cemetery is a Class A misdemeanor if the
damage is to the extent of less than five hundred dollars ($500.00).
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4115.
Sec. 38-910 Harassment
by telephone or radio.
A.
Harassment by telephone or radio is the use of
telephone or radio communication for any of the following purposes:
1. Making any communication by
telephone or radio which is obscene, lewd, lascivious, filthy, indecent or
threatening.
2. Making a telephone call, whether or
not conversation ensues, with intent to abuse, threaten or harass any person at
the called number.
3. Making or causing the telephone of
another repeatedly to ring, with intent to harass any person at the called
number.
4. Making repeated telephone calls,
during which conversation ensues, solely to harass any person at the called
number.
5. Playing any recording on a telephone, except recordings such as weather information or sports information, when the number thereof is dialed, unless the person or group playing the recordings shall identify himself or itself and state that it is a recording.
6. Knowingly permitting any telephone under one’s control to be used for any of the purposes mentioned in this Section.
B. Harassment
by telephone or radio is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4113.
ARTICLE X. OFFENSES AGAINST PUBLIC SAFETY
Sec. 38-1001 Unlawful
use of weapons.
A. Unlawful
use of weapons is knowingly:
1. Selling, manufacturing, purchasing,
possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star,
or any knife, commonly referred to as a switchblade, which has a blade that
opens automatically by hand pressure applied to a button, spring or other
device in the handle of the knife, or any knife having a blade that opens or
falls or is ejected into position by the force of gravity or by an outward,
downward or centrifugal thrust or movement.
2. Carrying concealed on one’s person,
or possessing with intent to use unlawfully against another, a dagger, dirk,
billy, blackjack, slingshot, dangerous knife, straight-edged razor stiletto or
any other dangerous or deadly weapon or instrument of like character, except
that an ordinary pocketknife with no blade more than four (4) inches in length
shall not be construed to be a dangerous knife or a dangerous or deadly weapon
or instrument.
3. Carrying on one’s person or in any
land, water or air vehicle, with intent to use unlawfully, a tear gas or smoke
bomb or projector of any object containing a noxious liquid, gas or substance.
4. Carrying any pistol, revolver or
other firearm with similar characteristics, concealed on or about the person,
except when on his land or in his abode or fixed place of business.
5. Setting a spring gun.
6. Possessing any device or attachment
of any kind designed, used or intended for use in silencing the report of any
firearm.
B.
Subsections (A)(1), (2), (3) and (4) shall not
apply to or affect any of the following:
1. Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer.
2. Wardens, superintendents, directors,
security personnel and keepers of prisons, penitentiaries, jails and other
institutions for the detention of persons accused or convicted of crime, while
acting within the scope of their authority.
3. Members of the armed services or
reserve forces of the
4. The manufacture of, transportation
to, or sale of weapons to a person authorized under Subsections (B)(1) through
(B)(3) to possess such weapons.
C. Subsection
(A)(4) shall not apply to or affect the following:
1. Licensed hunters or fishermen,
while engaged in hunting or fishing.
2. Private detectives licensed by the
State to carry the firearm involved, while actually engaged in the duties of
their employment.
3. Detectives or special agents
regularly employed by railroad companies or other corporations to perform
full-time security or investigative services, while actually engaged in the
duties of their employment.
4. The State Fire Marshal, the State
Fire Marshal’s Deputies or any member of a Fire Department authorized to carry
a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an
investigation in which such Fire Marshal, Deputy or member is authorized to
carry a firearm pursuant to K.S.A. 31-157 and amendments thereto.
Subsections (A)(1) and (6) shall not apply to
any person who sells, purchases, possesses or carries a firearm, device or
attachment which has been rendered unserviceable by steel weld in the chamber
and marriage weld of the barrel to the receiver and which has been registered
in the national firearms registration and transfer record in compliance with 26
U.S.C. 5841 et seq. in the name of such person and, if such person transfers
such firearm, device or attachment to another person, has been so registered in
the transferee’s name by the transferor.
D. Violation
of this Section is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4201.
Sec. 38-1002 Drawing
weapon upon another.
A.
Drawing a weapon upon another person is the
drawing of a pistol, revolver, knife or other deadly weapon upon another person
by a person not an officer of the law in execution of his or her duty.
B. Drawing
a weapon upon another person is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1003 Unlawful
disposal of firearms.
A. Unlawful
disposal of firearms is knowingly:
1. Selling, giving or otherwise
transferring any firearm with a barrel less than twelve (12) inches long to any
person under eighteen (18) years of age.
2. Selling, giving or otherwise
transferring any firearm to any person who is both addicted to and an unlawful
user of a controlled substance.
3. Selling, giving or otherwise transferring any firearm with a barrel less than twelve (12) inches long to any person who, within the preceding five (5) years, has been convicted of a felony under the laws of this or any other jurisdiction or has been released from imprisonment for a felony.
4. Selling, giving or otherwise
transferring any firearm to any person who, within the preceding ten (10)
years, has been convicted of a crime to which this subsection (4) applies, or
has been released from imprisonment for such a crime, and has not had the
conviction of such crime expunged or been pardoned for such crime.
5. Subsection (4) shall apply to a
felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411,
21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506,
21-3518, 21-3716, 65-4127a or 65-4127b, and amendments thereto, or a crime
under a law of another jurisdiction which is substantially the same as such
felony.
B. Unlawful
disposal of firearms is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4203.
Sec. 38-1004 Unlawful
possession of firearm.
A. Unlawful
possession of a firearm is:
1. Possession of any firearm by a
person who is both addicted to and an unlawful user of a controlled substance.
2. Possession of any firearm by any
person, other than a law enforcement officer, in or on any school property or
grounds upon which is located a building or structure used by a unified school
district or an accredited nonpublic school for student instruction or
attendance or extracurricular activities or pupils enrolled in kindergarten or
any of the grades 1 through 12 or at any regularly scheduled school-sponsored
activity or event.
3. Refusal to surrender or immediately
remove from school property or grounds or at any regularly scheduled
school-sponsored activity or event any firearm in the possession of any person,
other than a law enforcement officer, when so requested or directed by any duly
authorized school employee or any law enforcement officer.
B. Subsection
(A) (2) shall not apply to:
1. Possession of any firearm in
connection with a firearms safety course of instruction or firearms education
course approved and authorized by the school.
2. Any possession of any firearm
specifically authorized in writing by the superintendent of any unified school
district or the chief administrator of any accredited non-public school.
3. Possession of a firearm secured in
a motor vehicle by a parent, guardian, custodian or someone authorized to act
in such person’s behalf who is delivering or collecting a student.
C.
Possession of a
firearm secured in a motor vehicle by a registered voter who is on the school
grounds, which contain a polling place for the purpose of voting during polling
hours on an election day.
Violation of subsection (A)(1) or (A)(2) is a
Class B misdemeanor. Violation of
subsection (A)(3) is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4204.
Sec. 38-1005 Confiscation,
disposal and seizure of weapons.
A. Upon conviction of a
violation of Sections 38-1001, 38-1002, 38-1004, or 38-1006 of this article,
any weapon seized in connection therewith shall remain in the custody of the
trial court.
B.
Any stolen weapon so seized and detained, when
no longer needed for evidentiary purposes, shall be returned to the person
entitled to possession, if known. All
other confiscated weapons, when no longer needed for evidentiary purposes, shall
in the discretion of the trial court be destroyed, preserved as City property,
forfeited to the law enforcement agency seizing the weapon, or sold and the
proceeds of such sale shall be paid to the City’s General Fund. All weapons forfeited to any law enforcement
agency may be traded for materials for use by such law enforcement agency or
sold and the proceeds thereof used for law enforcement purposes.
C.
The Chief of Police or his or her duly
authorized representative is hereby empowered to seize and hold any air gun,
air rifle, bow and arrow, slingshot or BB gun used in violation of Section
38-1006, and is further empowered to seize and hold as evidence pending a
hearing before a court of competent jurisdiction any air gun, air rifle, bow
and arrow, slingshot or BB gun used in violation of Section 38-1006.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4206.
Sec. 38-1006 Unlawful
discharge of firearm.
A.
Unlawful discharge of a firearm is the firing or
discharging of a pistol, rifle, shotgun or other firearm within the City limits
by any person who is not a law enforcement officer, person assisting such
officer or assisting any other lawfully authorized public officer, warden,
superintendent or keeper of jail or other lawful place of detention, or members
of the armed forces or national guard while on duty status, unless such person
has received prior authorization for such discharge from the Chief of Police or
his designee.
B. Unlawful
discharge of a firearm is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Unlawful discharge of firearm, K.S.A. 21-4219.
Sec. 38-1007 Unlawful
discharge of BB gun, etc.
A. Unlawful
discharge of a BB or pellet gun is the firing or discharging of an air rifle,
air pistol, BB gun or pellet gun by any person within the City limits unless
such person has received prior authorization for such discharge from the Chief
of Police or his or her designee.
B. Unlawful
use of an air rifle, air pistol, or BB or pellet gun is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1008 Unlawful
use of projectiles.
A.
Unlawful use of projectiles is the launching,
throwing or shooting of any egg, vegetable, fruit, rock or stone, arrow, dart
or spear capable of doing bodily harm to persons or animals or causing damage
to property, unless done in the course of a legitimate recognized sporting
event or unless such person has received prior authorization for such discharge
from the Chief of Police or his or her designee.
B. Unlawful
use of projectiles is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1009 Unlawful
aiding or abetting discharge of air guns, etc.
A.
It shall be unlawful for any person to conspire
to or aid and abet in the operation or discharging or causing to be operated or
discharged any air gun, air rifle, bow and arrow, BB gun or slingshot within
the City, except as provided in Section 38-1006, whether individually or in
connection with one or more persons or as principal, agent or accessory, and it
is further unlawful for every parent or guardian of a minor child who willfully
or knowingly permits or directs the operation or discharge of any air gun, air
rifle, bow and arrow, BB gun or slingshot by such minor child within the City
except as provided in Section 38-1006.
B. Violation
of this Section is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1010 Carrying
concealed explosive.
A.
Carrying concealed explosives is carrying any
explosive or detonating substance on the person in a wholly or partially
concealed manner.
B. Carrying
concealed explosives is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4210.
Sec. 38-1011 Detonation of explosives.
A. It shall be unlawful
for any person to intentionally detonate any chemical compound, mixture or
device, the primary purpose of which is to function by explosion, including but
not limited to dynamite and other high explosives, black powder, pellet,
powder, initiating explosives, detonators, safety fuses, squibs, detonating
cord, igniter cord and igniters, unless such person has received prior
authorization for such discharge from the Chief of Police or his or her
designee.
B. Detonation
of explosives is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1012 Defacing
identification marks of a firearm.
A. Defacing
identification marks of a firearm is the intentional changing, altering,
removing or obliterating the name of the maker, model, manufacturer’s number or
other mark of identification of any firearm.
B. Possession of any
firearm upon which such mark shall have been intentionally changed, altered,
removed or obliterated shall be prima facie evidence that the possessor has
changed, altered or obliterated such mark.
C. Defacing
identification marks of a firearm is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1013 Creating
a hazard.
A. Creating
a hazard is:
1. Storing or abandoning, in any place
accessible to children, a container which has a compartment of more than 1.5
cubic feet capacity and a door or lid which locks or fastens automatically when
closed and which cannot be easily opened from the inside, and failing to remove
the door, lock, lid or fastening device on such container.
2. Being the owner or otherwise having
possession of property on which a cistern, well, or cesspool is located and
knowingly failing to cover such cistern, well, or cesspool with protective
covering of sufficient strength and quality to exclude human beings and
domestic animals therefrom.
3. Exposing, abandoning or otherwise
leaving any explosive or dangerous substance in a place accessible to children.
B. Creating
a hazard is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4212.
Sec. 38-1014 Unlawful
failure to report a wound.
A. Unlawful
failure to report a wound is the failure by an attending physician or other
person to report to the Chief of Police his or her treatment of:
1.
Any bullet wound, gunshot wound, powder burn or
other injury arising from or caused by the discharge of a firearm.
2. Any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument.
B. Unlawful
failure to report a wound is a Class C misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4213.
Sec. 38-1015 Carrying
of concealed firearms prohibited.
A.
It shall be unlawful
for any person to knowingly carry any concealed or unconcealed firearm on one’s
person or possessions while on property owned or leased by the City of Ottawa,
Kansas. This specifically does not apply
to street rights-of-way, or to those persons listed in subsections (b) and (c)
of K.S.A. 21-4201, and amendments thereto.
B.
Violation of this
Section is a Class A Misdemeanor.
C.
The City Manager
of Ottawa, Kansas shall cause such premises and properties owned or leased by
the City of Ottawa, Kansas to be posted in accordance with the rules and
regulations of the Kansas Attorney General that are adopted under the authority
of the Kansas Personal and Family Protection Act. A list of the designated and posted buildings
and properties shall be maintained and be open for public inspection in the
City Clerk’s Office during regular business hours.
D.
Severability. If any section, clause, sentence, or phrase
of this ordinance is found to be unconstitutional or is otherwise held invalid
by any court of competent jurisdiction, it shall not affect the validity of any
remaining parts of this ordinance.
REVISED: (Ord. No. 3608-06, 12-6-06; Ord. No. 3627-07, 05-16-07)
ARTICLE XI.
OFFENSES AGAINST PUBLIC MORALS
Sec. 38-1101 Gambling.
A. Definitions
of gambling terms used in this section shall be as follows:
Bet- is a bargain in which the parties agree that,
dependent upon chance, one stands to win or lose something of value specified
in the agreement. A bet does not
include:
1. Bona fide business transactions
which are valid under the laws of contracts, including but not limited to
contracts for the purchase or sale at a future date of securities or other
commodities, and agreements to compensation for loss caused by the happening of
the chance, including, but not limited to, contracts of indemnity or guaranty
and life or health and accident insurance.
2. Offers
of purses, prizes or premiums to the actual contestants in any bona fide
contest for the determination of skill, speed, strength or endurance or to the
bona fide owners of animals or vehicles entered in such a contest.
3. A lottery as defined in this
Section.
4. Any bingo game by or for
participants managed, operated or conducted in accordance with the laws of the
State of
5. A lottery operated by the State
pursuant to the Kansas Lottery Act.
6. Any system of pari-mutuel wagering
managed, operated and conducted in accordance with the Kansas Pari-mutuel Racing
Act.
Lottery- is
an enterprise wherein for a consideration the participants are given an
opportunity to win a prize, the award of which is determined by chance. As used in this Subsection, a lottery does
not include a lottery operated by the State pursuant to the Kansas Lottery Act.
Consideration
means anything which is a commercial or financial advantage to the promoter or
a disadvantage to any participant.
Consideration does not include:
1. Mere registration without purchase
of goods or services; personal attendance at places or events without payment
of an admission price or fee; listening to or watching radio and television
programs; answering the telephone or making a telephone call, and acts of like
nature.
2. Sums of money paid by or for participants
in any bingo game managed, operated or conducted in accordance with the laws of
the State of Kansas by any bona fide nonprofit religious, charitable,
fraternal, educational or veteran organization licensed to manage, operate or
conduct bingo games under the laws of the State of Kansas, and it shall be
conclusively presumed that such sums paid by or for such participants were
intended by such participants to be for the benefit of the sponsoring
organizations for the use of such sponsoring organizations in furthering the
purposes of such sponsoring organizations.
3. Sums of money paid by or for
participants in any lottery operated by the State pursuant to the Kansas
Lottery Act.
4. Sums of money paid by or for
participants in any system of pari-mutuel wagering managed, operated and
conducted in accordance with the Kansas Pari-Mutuel Racing Act.
Gambling device- is a contrivance which for a consideration affords the player an
opportunity to obtain something of value, the award of which is determined by
chance, or any token chip, paper, receipt or other document which evidences,
purports to evidence or is designed to evidence participation in a lottery or
the making of a bet. The fact that the
prize is not automatically paid by the device does not affect its character as
a gambling device.
Gambling place-
is any place, room, building, vehicle, tent or location which is used for any
of the following:
1. Making and settling bets.
2. Receiving, holding, recording or
forwarding bets or offers to bet.
3. Conducting lotteries.
4. Playing gambling devices.
Evidencing that the place has a general reputation as
a gambling place or that, at or about the time in question, it was frequently
visited by persons known to be commercial gamblers or known as frequenters of
gambling places is admissible on the issue of whether it is a gambling place.
Gambling- is:
1. Making a bet.
2. Entering or remaining in a gambling
place with intent to make a bet, to participate in a lottery, or to place a
gambling device.
B. Gambling
is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference- Crimes against public morals, K.S.A. 21-4301.
State law reference-Similar provisions, K.S.A. 21-4302, 21-4303.
Sec. 38-1102 Permitting
premises to be used for commercial gambling.
A. Permitting
premises to be used for commercial gambling is intentionally:
1. Granting the use or allowing the
continued use of a place as a gambling place.
2. Permitting another to set up a gambling device for use in a place under the offender’s control.
B. Permitting premises
to be used for commercial gambling is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4305.
Sec. 38-1103 Possession
of a gambling device.
A. Possession of a
gambling device is knowingly possessing or having custody or control, as owner,
lessee, agent, employee, bailee, or otherwise, of any gambling device.
B. It shall be a defense to a
prosecution under this Section that the gambling device is an antique slot
machine and that the antique slot machine was not operated for gambling
purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique
slot machine if it was manufactured prior to the year 1950.
C. It shall be a
defense to a prosecution under this Section that the gambling device is
possessed or under the custody or control of a manufacturer registered under
the Federal Gambling Devices Act of 1962 (15 U.S.C. 1171 et seq.) or a
transporter under contract with such manufacturer with intent to transfer for
use:
1. By the Kansas Lottery or Kansas Lottery retailers as authorized by law and rules and regulations adopted by the Kansas Lottery Commission.
2. By a licensee of the Kansas Racing
Commission as authorized by law and the rules and regulations adopted by such
commission.
3. In a state other than the State of
D. Possession
of a gambling device is a Class B misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 21-4307.
ARTICLE XII.
PROHIBITED SUBSTANCES AND PARAPHERNALIA
Sec. 38-1201 Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Controlled substance- means any drug, substance or immediate precursor
included in any of the schedules designated in K.S.A. 65-4105, 65-4107,
65-4109, 65-4111 and 65-4113, and amendments thereto.
Deliver or delivery- means actual, constructive or attempted transfer from
one person to another, whether or not there is an agency relationship.
Drug paraphernalia- means all equipment, products and materials of any kind which are used
or intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body a
controlled substance in violation of the Uniform Controlled Substances
Act. “Drug paraphernalia” shall include,
but is not limited to:
A. Kits used or intended for use in
planting, propagating, cultivating, growing or harvesting any species of plant
which is a controlled substance or from which a controlled substance can be
derived.
B. Kits used or intended for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances.
C. Isomerization devices used or
intended for use in increasing the potency of any species of plant which is a
controlled substance.
D. Testing equipment used or intended
for use in identifying or in analyzing the strength, effectiveness or purity of
controlled substances.
E. Scales and balances used or
intended for use in weighing or measuring controlled substances.
F. Diluents and adulterants, such as
quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used
or intended for use in cutting controlled substances.
G. Separation gins and sifters used or
intended for use in removing twigs and seeds from or otherwise cleaning or
refining marijuana.
H. Blenders, bowls, containers, spoons
and mixing devices used or intended for use in compounding controlled
substances.
I. Capsules, balloons, envelopes and
other containers used or intended for use in packaging small quantities of
controlled substances.
J. Containers and other objects used
or intended for use in storing or concealing controlled substances.
K.
Hypodermic
syringes, needles and other objects used or intended for use in parenterally
injecting controlled substances into the human body.
L. Objects used or intended for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass,
stone, plastic or ceramic pipes, with or without screens, permanent screens,
hashish heads or punctured metal bowls.
2. Water pipes.
3. Carburation tubes and devices.
4. Smoking and Carburation masks.
5. Roach clips (objects used to hold
burning material, such as a marijuana cigarette, that has become too small or
too short to be held in the hand).
6. Miniature cocaine spoons and
cocaine vials.
7. Chamber pipes.
8. Carburation pipes.
9. Electric pipes.
10. Air-driven pipes.
11. Chillums.
12. Bongs.
13. Ice pipes or chillers.
Elements, compounds or combinations of both elements and compounds- means any
material in a liquid, solid or gaseous state, which contains one or more of the
following chemical materials:
A. Hydrocarbons, including but not
limited to propane, benzene, toluene.
B. Alcohols, including but not limited
to methyl, ethyl, isopropyl and butyl.
C. Volatile ethers, including but not
limited to ethyl, acetate, butyl acetate, amyl acetate.
D. Ketones, including but not limited
to acetone, methyl ethyl ketone, methyl iso butyl ketone.
E. Halogenated hydrocarbons, including
but not limited to chloroform, ethylene dichloride, Freon.
F. Halogenated derivatives of
hydrocarbons, including but not limited to pentachlorophenol.
G. Ethers, including but not limited to
ethyl ethers; and any elements, compounds or combination of both elements and
compounds producing a condition of intoxication, hallucination, inebriation,
excitement, stupefaction or the dulling of the brain or nervous system.
Marijuana- means
all parts of the plant Cannabis Sativa L, whether growing or not, the seeds
thereof, the resin extracted from any part of the plant, and every compound,
derivative, mixture or preparation of the plant, its seeds or resin.
Noxious fumes- means
those fumes which may be intentionally inhaled or smelled to produce a
condition of intoxication, hallucination, inebriation, excitement, stupefaction
or the dulling of the brain or nervous system, other than those used by
authorized medical personnel for medical or dental purposes.
Simulated controlled substance- means any product which identifies itself by a common
name or slang term associated with a controlled substance and which indicates
on its label or accompanying promotional material that the product simulates
the effect of a controlled substance.
REVISED: (Ord. No. 3036-92, 08-05-92)
Cross reference-Definitions
and rules of construction generally, § 1-101; 1-102.
State law references-Controlled substances act, K.S.A. 65-4101 et seq.; drug paraphernalia,
K.S.A. 65-4150 et seq.
State law reference-Similar provisions, K.S.A. 65-4101, 65-4150.
Sec. 38-1202 Drug
paraphernalia; determination; factual considerations.
In determining whether an object is drug
paraphernalia, a court or other authority shall consider, in addition to all
other logically relevant factors, the following:
A. Statements by an owner or person in
control of the object concerning its use.
B. Prior convictions, if any, of an
owner or person in control of the object, under any local, state or federal law
relating to any controlled substance.
C. The proximity of the object, in time
and space, to a direct violation of the State Uniform Controlled Substances
Act.
D. The proximity of the object to
controlled substances.
E. The existence of any residue of
controlled substances on the object.
F. Direct or
circumstantial evidence of the intent of an owner or person in control of the
object to deliver it to a person the owner or person in control of the object
knows, or should reasonably know, intends to use the object to facilitate a
violation of the Uniform Controlled Substances Act. The innocence of an owner or person in
control of the object as to a direct violation of the Uniform Controlled
Substances Act shall not prevent a finding that the object is intended for use
as drug paraphernalia.
G. Oral or written instructions
provided with an object concerning its use.
H. Descriptive materials accompanying
the object which explain or depict its use.
I. National and local
advertising concerning the object’s use.
J. The manner in which the object is
displayed for sale.
K. Whether the owner or person in
control of the object is a legitimate supplier of similar or related items to
the community, such as a distributor or dealer of tobacco products.
L. Direct or circumstantial evidence
of the ratio of sales of the object or objects to the total sales of the
business enterprise.
M. The
existence and scope of legitimate uses for the object in the community.
N. Expert testimony
concerning the object’s use.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 65-4151.
Sec. 38-1203 Use
of items prohibited.
No person shall use or possess with intent to use:
A. Any simulated controlled substance.
B. Any drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled substance in violation of the Uniform Controlled
Substances Act.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Prohibited acts, K.S.A. 65-4153.
Sec. 38-1204 Delivery
of items prohibited.
No person shall deliver, possess with intent to
deliver, manufacture with intent to deliver or cause to be delivered within
this City:
A. Any simulated controlled substance.
B. Any drug paraphernalia;
knowing, or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into the human
body a controlled substance in violation of the Uniform Controlled Substances
Act.
REVISED: (Ord. No. 3036-92, 08-06-92)
State law reference-Similar provisions, K.S.A. 65-4153(a).
Sec. 38-1205 Delivery
of certain purported items prohibited;
presumptions stated.
A. No person shall
knowingly deliver or cause to be delivered in this City any substance which is
not a controlled substance:
1. Upon an
express representation that the substance is a controlled substance or that the
substance is of such nature or appearance that the recipient will be able to
distribute the substance as a controlled substance.
2. Under circumstances which would
give a reasonable person reason to believe that the substance is a controlled
substance.
B. If any one of the
following factors is established, there shall be a presumption that delivery of
a substance was under circumstances which would give a reasonable person reason
to believe that a substance is a controlled substance:
1. The substance was packaged in a
manner normally used for the illegal delivery of controlled substances.
2. The delivery of the substance
included an exchange of or demand for money or other consideration for delivery
of the substance, and the amount of the consideration was substantially in
excess of the reasonable value of the substance.
3. The physical appearance of the
capsule or other material containing the substance is substantially identical
to a specific controlled substance.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 65-4155.
Sec. 38-1206 Forfeiture
of paraphernalia and certain controlled substances.
A.
All drug paraphernalia and simulated controlled
substances are subject to forfeiture as provided in this Section.
B. Property subject to
forfeiture under this Section may be seized by any law enforcement officer upon
process issued by any district court having jurisdiction over the property.
C. In the event of
seizure pursuant to Subsection (B), proceedings under Subsection (D) shall be
instituted promptly.
D. Property taken or detained under
this Section shall not be subject to replevin, but is deemed to be in the
custody of the law enforcement agency seizing it, subject only to the orders of
the court having jurisdiction over the forfeiture proceedings. When property is seized under this Section,
the law enforcement agency seizing it may:
1. Place the property under seal.
2. Remove the property to a place
designated by it.
3. Require the State Board of Pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
E. When
property is forfeited under this Section, the law enforcement agency having
custody of it may:
1. Retain it for official use.
2. Sell that which is not required to
be destroyed by law and which is not harmful to the public, with the proceeds
to be used for payment of all proper expenses of the proceedings for forfeiture
and sale, including expenses of seizure, maintenance of custody, advertising
and court costs.
3. Transfer it for medical or
scientific use to any state agency.
4. Take custody of the property and
remove it to an appropriate location for disposition in accordance with law.
5. Forward it to the Kansas Bureau of
Investigation for disposition.
REVISED: (Ord. No. 3036-92, 08-05-92)
State law reference-Similar provisions, K.S.A. 65-4156.
Sec. 38-1207 Use
of prohibited substances unlawful.
It is unlawful for any person to smell, inhale or
ingest marijuana or the noxious fumes of elements, compounds or combinations of
both elements and compounds defined in Section 38-1201.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1208 Possession
of prohibited substances unlawful.
It is unlawful for any person to possess marijuana or
possess those elements, compounds or combinations of both elements and
compounds defined in Section 38-1201 for the purpose of smelling, inhaling or
ingesting noxious fumes there from.
REVISED: (Ord. No. 3036-92, 08-05-92)
Sec. 38-1209 Penalty
for violation of article.
A violation of any of the provisions of this article
is a Class A misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
ARTICLE XIII.
PROHIBITING ANYONE LESS THAN TWENTY-ONE (21) YEARS OF AGE FROM DRIVING A
VEHICLE WITHIN THE CORPORATE LIMITS OF THE CITY OF OTTAWA, KANSAS, WHO HAS A
BREATH OR BLOOD ALCOHOL CONCENTRATION OF .02 OR GREATER.
Sec. 38-1301
It shall be a violation of this article for any person
who is less than twenty-one (21) years of age to operate or attempt to operate
a vehicle within the corporate limits of the City of Ottawa, Kansas with a
breath or blood concentration of .02 or greater.
REVISED: (Ord. No. 3220-97, 03-05-97)
Sec. 38-1302
Whenever a law enforcement officer determines that a
breath or blood alcohol test is to be required of a person less than twenty-one
(21) years of age pursuant to K. S. A. 8-1001 or K. S. A. 8-2, 142 and
amendments thereto, in addition to any other notices required by law, the law
enforcement officer shall provide written and oral notice that:
A. It is unlawful for
any person less than twenty-one (21) years of age to operate or attempt to
operate a vehicle within the corporate limits of the City of Ottawa, Kansas
with a breath or blood alcohol content of .02 or greater.
B. If the person is
less than twenty-one (21) years of age at the time of the test request and
submits to and completes the test or tests and the test results show an alcohol
concentration of .02 or greater, the person’s driving privileges will be
suspended for at least thirty (30) days upon the first occurrence and for at
least ninety (90) days upon a second or subsequent occurrence.
REVISED: (Ord. No. 3220-97, 03-05-97)
Sec. 38-1303
Any suspension and restriction of driving privileges
pursuant this Section shall be in addition to any disqualification from driving
a commercial motor vehicle pursuant to K. S. A. 8-2,142 and amendments thereto.
REVISED: (Ord. No. 3220-97, 03-05-97)
Sec. 38-1304
Whenever a breath or blood alcohol test is requested
pursuant to K. S. A. 8-1001 and amendments thereto, from a person less than
twenty-one (21) years of age, and the result of the test is .02 or greater, but
less than .08, a law enforcement officer’s certification under this Section
shall be signed by one (1) or more officers to certify that:
A.
1. There existed reasonable grounds to
believe the person was operating a vehicle while under the influence of alcohol
or drugs, or both, or to believe that the person had been driving a commercial
motor vehicle, as defined in K. S. A. 8-2, 128 and amendments thereto, while
having alcohol or drugs in such person’s system.
2. The person had been placed under
arrest, was in custody or had been involved in a vehicle accident or collision.
3. A law enforcement officer had
presented the person with the oral and written notice required by K. S. A.
8-1001 and amendments thereto, and the oral and written notice required by this
Section.
4. That the person was less than
twenty-one (21) years of age at the time of the test request.
5. The result of the test showed that
the person had an alcohol concentration of .02 or greater in such person’s
blood or breath.
B. With regard to a
breath test, in addition to those matters required to be certified under Subsection
4. (A) of this Ordinance:
1. The testing equipment used was
certified by the Kansas Department of Health and Environment.
2. The testing procedures used were in
accordance with the requirements set out by the Kansas Department of Health and
Environment.
3. The person who operated the testing
equipment was certified by the Kansas Department of Health and Environment to
operate such equipment.
REVISED: (Ord. No. 3220-97, 03-05-97)
Sec. 38-1305
If a hearing is requested as a result of a law enforcement
officer’s certification under this ordinance, such hearing shall be conducted
before the judge of the Municipal Court, and the scope of the hearing shall be
limited to whether:
A. A law enforcement
officer had reasonable grounds to believe the person was operating a vehicle
while under the influence of alcohol or drugs, or both, or to believe that the
person was operating a commercial motor vehicle, as defined in K. S. A. 8-2,
128 and amendments thereto, while having alcohol or other drugs in such
person’s system.
B. The person was in
custody or arrested for an alcohol or drug related offense or was involved in a
motor vehicle accident or collision resulting in property damage, personal
injury or death.
C. A law enforcement officer had
presented the person with the oral or written notice required by K. S. A.
8-1001 and amendments thereto, and the oral and written notice required of this
ordinance.
D. The
testing equipment used was reliable.
E. The
person who operated the testing equipment was qualified.
F. The
testing procedures used were reliable.
G. The test result
determined that the person had a blood or breath alcohol concentration of .02
or greater.
H. The
person was operating a vehicle.
I. The
person was less than twenty-one (21) years of age at the time the test was
requested.
REVISED: (Ord. No. 3220-97, 03-05-97)
Sec. 38-1306
If a person less than twenty-one (21) years of age
submits to a breath or blood test requested pursuant to K. S. A. 8-1001 K. S.
A. 8-2, 142 and amendments thereto, and produces a test result of .02 or
greater, but less than .08, the person’s driving privileges upon a first
occurrence shall be suspended for thirty (30) days and upon a second or
subsequent occurrence shall be suspended for ninety (90) days.
REVISED: (Ord. No. 3220-97, 03-05-97)
ARTICLE XIV.
VIOLATIONS, PENALTIES.
Sec. 38-1401 Classes
of misdemeanor and confinement.
A. For the purpose of
sentencing, the following classes of misdemeanors and the punishment and the
terms of confinement authorized for each Class are established as follows:
1. Class A, the sentence for which
shall be a definite term of confinement in the City or County jail which shall
be fixed by the Court and shall not exceed one (1) year.
2. Class B, the sentence for which
shall be a definite term of confinement in the City or County jail which shall
be fixed by the Court and shall not exceed six (6) months.
3. Class C, the sentence for which
shall be a definite term of confinement in the City or County jail which shall
be fixed by the Court and shall not exceed one (1) month.
4. Unclassified misdemeanors, which
shall include all offenses declared to be misdemeanors without specification as
to Class, the sentence for which shall be in accordance with the sentence
specified in the Section that defines the offense; if no penalty is provided in
such law, the sentence shall be the same penalty as provided in this section
for a Class C misdemeanor.
B. Upon conviction of a
misdemeanor, a person may be punished by a fine, as provided in Section
38-1302, instead of or in addition to confinement, as provided in this Section.
C. In addition to or in
lieu of any other sentence authorized by law, whenever there is evidence that
the act constituting the misdemeanor was substantially related to the
possession, use or ingestion of cereal malt beverage or alcoholic liquor by
such person, the court may order such person to attend and satisfactorily
complete an alcohol or drug education or training program certified by the
administrative judge of the judicial district or licensed by the Secretary of
Social and Rehabilitation Services.
REVISED: (Ord. No. 3036-92, 08-05-92)
Cross reference-General
penalty, § 1-311.
State law reference-Similar provisions, K.S.A. 21-4502.
Sec. 38-1402 Fines.
A person convicted of a misdemeanor may, in addition
to or instead of the confinement authorized by law, be sentenced to pay a fine,
which shall be fixed by the court as follows:
A. Class A misdemeanor, a sum not
exceeding two thousand five hundred dollars ($2,500.00).
B. Class B misdemeanor, a sum not
exceeding one thousand dollars ($1,000.00).
C. Class C misdemeanor, a sum not
exceeding five hundred dollars ($500.00).
D. Unclassified
misdemeanor, any sum authorized by the section that defines the offense. If no penalty is provided in such law, the
fine shall not exceed the fine provided in this section for a Class C
misdemeanor.
REVISED: (Ord. No. 3036-92, 08-05-92)
Cross reference-General
penalty, § 1-311.
Sta