(a)   It is unlawful for any minor under the age of 18 years (minor) to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:

(1)   From July 1st through August 31st between the hours of 11:00 p.m. and 6:00 a.m. of the following days, except on Fridays and Saturdays when the hours shall be 12:00 a.m. to 6:00 a.m.; and,

(2)   From September 1st through June 30th between the hours of 10:00 p.m. and 6:00 a.m. of the following days, except Fridays and Saturdays when the hours shall be 11:00 p.m. to 6:00 a.m.

(b)   The provisions of this section shall not apply in the following instances:

(1)   When a minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor;

(2)   When the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of such minor;

(3)   When the minor is returning directly home from a school activity, entertainment, recreational activity or dance;

(4)   When the minor is returning directly home from lawful employment that makes it necessary to be in the above referenced places during the prescribed period of time;

(5)   When the minor is on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor’s presence; and,

(6)   When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion.

(Ord. 574, Sec. 2)

Except in circumstances set out in section 11-201, it shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highway, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:

(a)   From July 1st through August 31st between the hours of 11:00 p.m. and 6:00 a.m. of the following days, except on Fridays and Saturdays when the hours shall be 12:00 a.m. to 6:00 a.m.; and,

(b)   From September 1st through June 30th between the hours of 10:00 p.m. and 6:00 a.m. of the following days, except on Fridays and Saturdays when the hours shall be 11:00 p.m. to 6:00 a.m.

(Ord. 574, Sec. 2)

(a)   Any minor violating the provisions of this article shall be dealt with in accordance with juvenile court law and procedure or may be prosecuted in the city municipal court and if so, prosecuted shall be subject to a fine of not less than $25 and not more than $500.

(b)   Any police officer finding a minor under the age of 18 years violating the provisions of this chapter shall cause a written notice to be served upon the parent, guardian or person in charge of such child, setting forth the manner in which the provisions of this article have been violated. For purposes of this section, notice shall be deemed properly served upon such parent, guardian or person in charge of a child if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address; provided further, if the notice cannot be conveniently served by the aforesaid, service of the notice is to be made upon such parent, guardian or person in charge of a child by at least one publication to contain the conditions and reasons of the notice. Any parent, guardian, or person having the care and custody of a child who shall permit such child to violate the provisions of the chapter after receiving written notice that such child has previously violated such provisions shall be subject to a fine of not less than $500.

(Ord. 574, Sec. 2)

Resisting arrest is the use or force, or threat of force, to resist, obstruct or interfere with the arrest of a person or persons by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person being arrested or other person resisting, obstructing or interfering with the arrest believes the arrest is unlawful.

Resisting Arrest is a Class A violation.

(Ord. 574, Sec. 3)

(a)   Failure to appear is willfully incurring a forfeiture of an appearance bond and failing to surrender one’s self within 30 days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before the municipal court of the city for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender one’s self within 30 days after his or her conviction of a misdemeanor has become final by one who has been released on an appearance bond by the court.

(b)   Any person who is released upon his or her own recognizance without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a).

(c)   The provisions of subsection (a) shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.

Failure to appear is a Class B violation.

(Ord. 574, Sec. 4)

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 for the purpose of observing the occupant or occupants of the house, room or building.

Window peeping is a Class C violation.

(Ord. 574, Sec. 5)

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.

(Ord. 574, Sec. 6)

Making loud and unnecessary noise is causing, or continuing any unnecessary or unusual noise which annoys, injures or endangers the comfort, repose, health and safety of others, including through the use of a loudspeaker or a sound amplifier unless the making or continuing of such noise is necessary for the protection and preservation of property or the health and safety of some individual. Nothing in this paragraph shall prevent the playing of bells or chimes by electronic means by any religious organization.

Making loud and unnecessary noise is a Class C violation.

(Ord. 574, Sec. 7)

Possession of drugs is manufacturing, possessing, controlling, prescribing, administering, delivering, distributing, dispensing, or compounding any depressant, stimulant or hallucinogenic drug in violation of the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

Possession of drugs is a Class A violation.

(Ord. 574, Sec. 8)

Possession of marijuana is possessing or controlling marijuana in violation of the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

Possession of marijuana is a Class violation.

(Ord. 574, Sec. 9)

Possession of drug paraphernalia is possessing or controlling any instrument, device or drug paraphernalia which is used to possess, conceal, smoke, administer, manufacture, or sell any illegal drug pursuant to the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et. seq.).

Possession of drug paraphernalia is a Class A violation.

(Ord. 574, Sec. 10; Ord. 709, Sec. 1)

(a)   Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any law enforcement officer upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor if (1) the false information is given while the law enforcement officer is engaged in the performance of his or her duties as a law enforcement officer and (2) the person providing the false information knows or should have known that the person receiving the information is a law enforcement officer.

(b)   No person shall give, either orally or in writing, information to a law enforcement officer while in the performance of his or her duties when such person knows that the information is false.

Falsely representing oneself to a law enforcement officer is a Class B violation.

(Ord. 574, Sec. 12)

Unlawful disclosure of a warrant is revealing or making public in any way the fact that a search warrant or warrant of arrest has been applied for or issued or the contents of the affidavit or testimony on which such warrant is based prior to the execution thereof unless requested to do so by a law enforcement officer.

Unlawful disclosure of a warrant is a Class B violation.

(Ord. 574, Sec. 13)

Possession of false identification documents is possession or use of any identification document which simulates, purports to be, or is designed so as to cause others reasonably to believe it to be an official identification document of the bearer and be as a fictitious name, date of birth, identification number, photograph, or other false information.

Possession of false information documents is a Class C violation.

(Ord. 574, Sec. 14)

(a)   No person shall leave abandoned or unattended for a period in excess of 48 hours, any vehicle parked, stopped, or left standing, in or upon any parking lot which is owned by or under the control of the city without the consent of the mayor or governing body of the city.

(b)   No person shall leave abandoned or unattended any vehicle parked, stopped, or left standing, on any street, alley, access easement, road or drive which is owned by the city, which blocks, restricts, or impedes the normal flow of vehicular traffic to other portions of any street, alley, access easement, road, or drive, or access to any building facility, park field, or work site owned by, or under the control of the city.

(c)   No person shall park, stop or leave standing or unattended, any vehicle on any street designated as an emergency snow route.

(d)   Any police officer is hereby authorized to remove or cause to be removed to a place of safety, any vehicle found to be in violation of this section.

Abandonment of or leaving vehicles unattended is a Class C violation.

(Ord. 574, Sec. 15)

(Ord. 574; Ord. 871)

(a)   It shall be unlawful for any person to transport, use, or have in their possession or control, without lawful authority, any incendiary or explosive device, materials, liquids, solvents, or mixtures, as defined by law, equipped with a fuse, wick, or other detonating device or substance, either in place or detached.

(b)   It shall be unlawful for any person to have in their possession or control any illegal firecrackers or fireworks.

Possession, use, and transportation of explosives is a Class B violation.

(Ord. 574, Sec. 17)

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

Dangerous missiles is a class C violation

(Ord. 574, Sec. 18)

(a)   It is unlawful for any person within the city limits to smell or inhale the fumes from any elements, compounds or combinations of both elements and compounds as defined in subsection (d) for the purpose of causing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his or her brain or nervous system; provided, that nothing in this article shall be interpreted as applying to the inhalation of any anesthesia for medical, or dental purposes as prescribed or administered by duly authorized personnel.

(b)   No person shall, for the purpose of violating this section, use or possess for the purpose of so using, any of the elements, compounds or combination of both elements and compounds as defined in subsection (d) of this section.

(c)   No person shall sell, give or offer to sell or give to any other person any of the elements, compounds or combinations of both elements and compounds as defined in subsection (d) of this section.

(d)   For the purposes of this article, elements compounds or combinations of both elements and compounds shall be defined as any material in a liquid, solid, or gaseous state, which contains one or more of the following chemical materials: Hydrocarbons, to include but not limited to propane, benzene, toluene; alcohols, to include but not limited to methyl, ethyl, isopropyl and butyl; volatile esters, to include but not limited to ethyl, acetate, butyl acetate, amyl acetate; ketones, to include but not limited to acetone, methyl ethyl ketone, methyl isobuytl ketone; halogenated hydrocarbons, to include but not limited to chloroform, ethylene dichloride, freon; halogenated derivatives of hydrocarbons, to include but not limited to pentachlorophenol; ethers, to include but not limited to ethyl ethers; and any elements, compounds or combination of both elements and compounds that produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his or her brain or nervous system.

Inhalation of toxic vapors, glue and related products is a Class A violation.

(Ord. 574, Sec. 19)

(a)   Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts:

(1)   Taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person;

(2)   Omitting or depriving treatment, goods, or services by a caretaker or another person which are necessary to maintain physical or mental health of a dependent adult.

(b)   No dependent adult is considered to be mistreated for the sole reason that such dependent adult relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adults is a member or adherent.

(c)   For purposes of this section: Dependent Adult means an individual 18 years of age or older who is unable to protect their own interest. Such term shall include:

(1)   Any resident of an adult care home including, but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;

(2)   Any adult cared for in a private residence;

(3)   Any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;

(4)   Any individual with mental retardation or a developmental disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto.

(5)   Any individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform at; or

(6)   Any individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.

Mistreatment of a dependent adult is a Class A violation.

(Ord. 574, Sec. 20)

It shall be unlawful for any person to post, paste, write, paint or inscribe any obscene or vulgar picture, design, or words at or on any place open to public view.

Posting obscenities is a Class C violation.

(Ord. 574, Sec. 21)

(a)   Penalties for violation of local public offenses shall be in accordance with the penalties specified in each section herein. When a section herein references a Class A, B, or C violation, the terms of confinement and fines are established for each class as set forth below:

(1)   Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;

(2)   Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;

(3)   Class C, the sentence for which shall be a definite term of confinement in the 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 violation is without specification as to class or does not otherwise specify a penalty for violation, 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 herein for a Class C violation.

(b)   Upon conviction of a violation, a person may be punished by a fined, as provided in subsection (c) of this section, instead of or in addition to confinement, as provided in section 11-223(a)(1) :(4).

(c)   Fines. A person 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:

(1)   Class A violating, a sum not exceed $2,500.

(2)   Class B violation, a sum not exceeding $1,000.

(3)   Class C violation, a sum not exceeding $500.

(4)   Unclassified violation, 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 herein for a Class C violation.

(d)   In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the violation 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.

(e)   As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.

(Ord. 574, Sec. 22)