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 2009, 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. No fewer than three (3) copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1805” 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 ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 1439; Ord. 1530; Ord. 1554; Ord. 1568; Ord. 1582; Ord. 1598; Ord. 1619; Ord. 1621; Ord. 1636; Ord. 1649; Ord. 1663; Ord. 1677; Ord. 1690; Ord. 1699; Ord. 1721; Ord. 1732; Ord. 1742; Ord. 1758; Ord. 1770; Ord. 1781; Ord. 1794; Ord. 1805, Sec. 1)
Section 10.5 of the Uniform Public Offense Code is hereby supplemented, by adding the following sub-section:
(e) The discharge of a blank cartridge during the performance of any pageant, theatrical production, public performance or similar activity, or the discharge of a starter's pistol in any recognized sporting event.
(f) To the discharge of a firearm on property zoned Light Industrial (I-1) or Heavy Industrial (I-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. 1805, Sec. 2)
Article 6 of the Uniform Public
Offense Code incorporated in section 14-101 is hereby amended by adding the
following sections:
6.16 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.
6.17 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.
6-18. 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)
Article 9 of the Uniform Public
Offense Code incorporated in section 14-101 is hereby amended by adding the
following sections:
9.12 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.
9.13 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.
9.14 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.
9.15 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. .
9.16 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)
Article 10 of the Uniform Public
Offense Code incorporated in section 14-101 is hereby amended by adding the
following sections:
10.14 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.
10.15 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.
10.16 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.
10.17 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)
Article 11 of the Uniform Public
Offense Code incorporated in section 14-101 is hereby amended by adding the
following sections:
11.11 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.
11.12 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)
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)