CHAPTER XIV. PUBLIC OFFENSESCHAPTER XIV. PUBLIC OFFENSES\ARTICLE 1. UNIFORM OFFENSE CODE

ARTICLE 1. UNIFORM OFFENSE CODE

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Russell, Kansas, that certain code known as the “Uniform Public Offense Code”, Edition of 2016, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. One official copy of the Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1886’’, 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 section or said 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 this code shall be supplied, at the cost of the City, such number of official copies of the code similarly marked, as may be deemed expedient.

(Ord. 1886; Code 2017)

Section 10.5(b) of the Uniform Public Offense Code is hereby supplemented by adding the following subsection:

(8)   To the discharge of a firearm on property zoned Light Industrial (1-1) or Heavy Industrial (1-2) by a business legitimately engaged in ballistic testing with the discharge occurring within a fully enclosed building and the projectile discharged in to catch/stop materials sufficient to stop the projectile.

(Ord. 1886; Code 2017)

Article 6 of the Uniform Public Offense Code incorporated in section 14-101 is hereby amended by adding the following sections:

6.26 CRIMINAL USE OF NOXIOUS MATTER. Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with intent to use such matter for an unlawful purpose, or the use or attempt to use noxious matter to the injury of persons and property, or the placing or depositing of such matter upon or about the premises of another person without the consent of such person. “Noxious matter” as used in this section means any bomb, compound or substance which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.

Criminal use of noxious matter is a Class A violation.

6.27 TRESPASSING FOR PURPOSE OF PARKING VEHICLE.

Trespassing for the purpose of parking a vehicle is the going upon the property owned or occupied by another person for the purpose of parking any vehicle upon such property. Trespassing for the purpose of parking a vehicle is a Class C violation.

6.28. WASTING UTILITIES. Wasting water, gas, etc., is willfully causing the waste of any water, gas, steam or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.

Wasting water, gas, steam or hot air is a Class C violation.

(K.S.A. 21-3733; Ord. 1449, Sec. 1; Code 2017)

Article 9 of the Uniform Public Offense Code incorporated in section 14-101 is hereby amended by adding the following sections:

9.14 VAGRANCY. Vagrancy is:

(a)   Engaging in an unlawful occupation;

(b)   Being of the age of 18 years or over and able to work and without lawful means of support and failing or refusing or seek employment;

(c)   Loitering in the city without visible means of support;

(d)   Loitering on the streets or in a place open to the public with intent to solicit for immoral purposes;

(e)   Deriving support in whole or in part from begging.

Vagrancy is a Class C violation.

9.15 DISTURBANCE OF RELIGIOUS ASSEMBLIES. Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting.

Disturbance of religious assemblies is a Class C violation.

9.16 LOITERING; STREETS, PUBLIC PLACES. Loitering in streets and other public places is the loitering on the public streets, school buildings or school grounds or any other public place or place accessible to the public without being engaged in some business demanding the person’s presence upon such street, school building, school grounds or at such public place or place accessible to the public or habitually lurking in a public place or a place accessible to the public without being engaged in some legal business.

Loitering in streets and other public places is a Class C violation.

9.17 LOUDSPEAKERS, SOUND AMPLIFIERS: PERMITS. It shall be unlawful for any person to play, use or operate on the streets, alleys or public grounds of the city any instrument known as a loudspeaker or sound amplifier, without first procuring a permit therefor from the city clerk. Such permit shall be granted or refused at the discretion of the city clerk.

Violation of this section is a Class C violation.

9.18 WINDOW PEEPING. It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building, or to loiter in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of occupants of any such house, room or building.

Violation of this section is a Class C violation.

(Ord. 1449, Sec. 1; Code 2017)

Article 10 of the Uniform Public Offense Code incorporated in section 14-101 is hereby amended by adding the following sections:

10.27 MOLOTOV COCKTAILS. Unlawful possession, use and transportation of “Molotov Cocktails” is the transportation, use or possession or control of a container of incendiary or explosive material, liquid, solvent or mixture, equipped with a fuse, wick or other detonating device or a kind commonly known as “Molotov Cocktails.”

Unlawful possession, use and transportation of “Molotov Cocktails” is a Class A violation.

10.28 DANGEROUS MISSILES. It shall be unlawful for any person to throw or project any ball, stone, brick, piece of wood, clay or other hard substance along, over or upon any street, alley, sidewalk, or public ground or at or against any house, building, vehicle, or at or towards any person.

Violation of this section is a Class B violation.

10.29 DRUGS, MARIJUANA.

(a)   It shall be unlawful for any person to manufacture possess, have under his or her control, prescribe, administer, deliver, distribute, dispense, compound, sell or offer for sale any depressant, stimulant or hallucinogenic drug in violation of the Kansas controlled substance act.

(b)   It shall be unlawful for any person to have in his or her possession any marihuana in violation of the Kansas controlled substance act.

Violation of this section is a Class A violation.

10.30 SALE, INHALATION TOXIC VAPORS, GLUE, RELATED PRODUCTS.

(a)   As used in this section, the phrase “glue containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any glue, cement or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds; acetone, acetate, enzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenel, petroleum ether or tolune (toluol).

(b)   No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his or her brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this section sha11 be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.

(c)   No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if he or she has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in paragraph (b) of this section.

A violation of this section is a Class B violation.

(Ord. 1449, Sec. 1; Code 2017)

Article 11 of the Uniform Public Offense Code incorporated in section 14-101 is hereby amended by adding the following sections:

11.13 OBSCENITY; BUILDING OR STRUCTURE. It shall be unlawful for any person to write or inscribe any obscene or vulgar picture, design or words at or on any place open to public view.

Violation of this section is a Class C violation.

11.14 OBSCENE ADVERTISING MATTER. It shall be unlawful for any person to post or paste or cause to be posted or pasted, any obscene pictures or other obscene advertising matter, on any billboard or sign of any kind in the city.

Violation of this section is a Class C violation.

(Ord. 1449, Sec. 1; Code 2017)

Article 12 of the Uniform Public Offense Code incorporated by section 14-101 is hereby amended to read as follows:

12.1 CLASSES OF VIOLATIONS AND CONFINEMENT. For the enforcement of the provisions of this chapter the classes of violations and confinement shall be as follows:

(a)   For the purpose of sentencing, the following classes of violations and the punishment and the terms of confinement authorized for each class are established:

(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 six months;

(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 three 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 month;

(4)   Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the ordinance or statute that defines the offense; if no penalty is provided by such law, the sentence shall be a definite term of confinement in the city or county jail fixed by the court which shall not exceed one month.

(b)   Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in section 12.2 instead of or in addition to confinement, as provided in this section.

12.2 FINES. A person who has been convicted of a violation 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 violation, a sum not exceeding $500;

(b)   Class B violation, a sum not exceed $300;

(c)   Class C violation, a sum not exceeding $100;

(d)   Unclassified violation, any sum authorized by the statute or ordinance that defines the offense; if no penalty is provided in such law, the fine shall not exceed $100.

(Ord. 1449, Sec. 1)

Article 10 of the Uniform Public Offense Code incorporated by section 14-101 is hereby amended to read as follows:

10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLING SHOT. The unlawful operation of an air gun, air rifle, bow and arrow or sling shot is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, sling shot or BB gun within the City, except within the confines of the building or other structure from which the projectile cannot escape, or except as hereinafter provided.

Nothing herein contained shall prohibit the testing of a bow and arrow by a dealer or supplier of bows and arrows after application to the City for a permit to test such bows and arrows, and provided further that such testing shall be restricted to the grounds upon which such business is being conducted.

Unlawful operation of air guns, air rifles, bows and arrows or sling shots is a Class C violation.

(Ord. 1473, Sec. 1)