CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Provisions

(a)   It shall be unlawful for a minor under the age of 18 years to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public grounds of public places or public buildings, vacant lots and parking lots during the hours of 12:00 midnight to 6:00 a.m. Provided however, that the provisions of this section shall not apply to said minor accompanied by his or her parent, guardian, or other adult person having the legal care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the legal care and custody of said minor.

(b)   Penalties shall be $25.00 for the first offense, $75.00 for the second offense, and $150.00 for the third and any subsequent offense; plus court costs.

(Ord. 569)

(a)   Criminal littering is recklessly depositing or causing to be deposited any object or substance 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; or

(2)   any private property without the consent of the owner or occupant of such property.

(b)   Criminal Littering is an unclassified misdemeanor punishable:

(1)   Upon a first conviction by a fine of not less than $100 nor more than $250;

(2)   Upon a second conviction by a fine of not less than $250 nor more than $500; and

(3)   Upon a third or subsequent conviction by a fine of not less than $500 nor mor than $2,500.

(c)   The provisions of K.S.A. 8-15,102, and amendments thereto, are excepted from the application of this section.

(d)   In addition to the fines in subsection (b), a person convicted of littering shall be required to pick up litter for a time prescribed by and at a place within the jurisdiction of the court.

(Ord. 665)

(a)   Window peeping is unlawfully entering upon the property occupied by another for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building.

(b)   Window Peeping is a class C violation.

(Ord. 754; Code 2022)

(a)   Urinating in Public is urinating upon any highway, street, alley, sidewalk, park, upon the premises of any public place or building, or upon any public or private property in open view of any person when the same has not been designed or designated as a rest room.

(b)   Urinating in Public is a class C violation.

(Ord. 754; Code 2022)

Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control:

(a)   Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(b)   Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(c)   Any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto; or

(d)   An anabolic steroids as defined in subsection (f) or K.S.A. 65-4109 and amendments thereto.

Unlawful Acts Regarding Depressants, Stimulants or Other Substances is a class A violation.

(Ord. 754; Code 2022)

(a)   It is unlawful for any person to use or possess with intent to use any drug paraphernalia. For the purposes of this section, “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 Section 10.19 herein, or the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto. “Drug paraphernalia” shall include, but is not limited to, those items set forth in subsection (c) of K.S.A. 65- 4150 and amendments thereto. In determining whether an object is drug paraphernalia, in addition to all other logically relevant factors, the court shall consider the factors set forth in K.S.A. 65-4151 and amendments thereto.

(b)   Possession of Drug Paraphernalia is a class A violation.

(Ord. 754; Code 2022)

(a)   It shall be unlawful for any person or persons to throw, rake, deposit, dump, drop, spill, or discharge any dirt, compost, waste material, litter, trash, leaves, grass, weeds or other debris upon any city street. This shall specifically include the discharge of grass clippings or other mower discharge upon city streets. The owner of any property is responsible for any activity upon his or her property which causes said discharge. “City street,” for purposes of this section only, does not include alleyway.

(b)   Any person found in violation of any provision of this section shall, upon conviction thereof, be fined in a sum not to exceed One Hundred Dollars ($100.00), or be imprisoned for a period not to exceed thirty (30) days, or by both such fine and imprisonment..

(Ord. 661; Code 2022)

(a)   It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner or person in control of the animal. The fact that the animal was at large at the time it defecated on any property shall constitute prima facia evidence that the owner or person in control of the animal allowed or permitted the animal to so act.

(b)   It is exception to the application of this section that:

(1)   The owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property; or

(2)   That the owner or person in control of an animal has a physical disability or visual impairment and the animal is a service animal trained by an accredited institution to provide assistance to physically disabled and/or visually impaired persons.

(c)   Violation of this section shall be punishable by a fine of not less than $10.00 plus applicable court costs. The Municipal Judge shall have authority to order community service in lieu of a fine and/or costs and to suspend the fine and/or costs or any portion thereof.

(Ord. 754; Code 2022)