There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Garden Plain, Kansas, that certain uniform public offense code known as the “Uniform Public Offense Code” for Kansas cities, 40th Edition of 2023, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except certain articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. One copy of said Uniform Public Offense Code shall be marked “Official Copy as adopted by Ordinance 774” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this article or the incorporating ordinance and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge and all administrative departments of the City charged with enforcement of the Code shall be supplied, at the cost of the City, such number of official copies of such Uniform Public Offense Code similarly marked, as may be deemed expedient.
(Ord. 754; Ord. 768; Code 2022; Ord. 774)
The following offenses are hereby added to the Uniform Public Offense code, as herein adopted, to-wit:
9.14
WINDOW PEEPING
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.
Window Peeping is a class C violation.
9.15
URINATING IN PUBLIC
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.
Urinating in Public is a class C violation.
10.19
POSSESSION OF HALLUCINOGENIC DRUGS
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 any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4107 and amendments thereto, as defined in the Uniform Controlled Substances Act. Such drugs include, but are not limited to cannabis saliva L., otherwise known as marijuana, or any derivative thereto, lysergic acid diethylamide. otherwise known as LSD, and psilocybin.
Possession of Hallucinogenic Drugs is a class A violation.
10.20
UNLAWFUL ACTS REGARDING DEPRESSANTS, STIMULANTS OR OTHER SUBSTANCES
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.
10.21
POSSESSION OF DRUG PARAPHERNALIA ILLEGAL
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.
Possession of Drug Paraphernalia is a class A violation.
(Ord. 768; Code 2022)