HomeMy Public PortalAboutOrd 291 96 Unif Public Offens
(First Published in the Ark Valley News
on the lJ+"'- day of 'TUN Ii: ,1997.)
. THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. :l ~ /
AN ORDINANCE REGULATING PUBLIC OFFENSES
WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL
AIRE, KANSAS; INCORPORATING BY REFERENCE THE
"UNIFORM PUBLIC OFFENSE CODE FOR KANSAS
CITIES," EDITION OF 1996, WITH CERTAIN CHANGES
AND ADDITIONS; PRESCRIBING ADDITIONAL
REGULATIONS; AND REPEALING ORDINANCES
NUMBER 111, 175, 234 AND ALL OTHER CONFLICTING
ORDINANCES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Incorooratina Uniform Public Offense Code
There is hereby incorporated by reference for the purpose of regulating
traffic within the corporate limits of the City of Bel Aire, Kansas, that certain
uniform public offense code known as the "Uniform Public Offense Code for
Kansas Cities," Edition of 1996, 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. No fewer than three (3) copies of said Uniform Public Offense
Code shall be marked "Official Copy as adopted by Ordinance No. :19/ ,"
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. 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.
Section 2. Additional Offenses
The following offenses are hereby added to the Uniform Public Offense
Code, as herein adopted, to-wit:
7.14 RESISTING ARREST
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.
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 for the purpose of observing the occupant
or occupants of said 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.
10.18 POSSESSION OF DRUGS
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.
10.19 POSSESSION OF MARIJUANA
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 A violation.
10.20 POSSESSION OF DRUG PARAPHERNALIA
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.
10.21 POSSESSION OF A WEAPON
Possession of a Weapon is transporting in any vehicle, carrying or possessing
in or upon any highway, street, alley, governmental building, public land or park
which is open and, accessible to the public, any loaded firearm, air rifle, air
pistol or SS gun; any automatic or semi-automatic firearm with a loaded
magazine either detached or in place; any dagger, dirk, billy, blackjack, sling
shot, straight-edge razor, switch blade, stiletto, or other knife with a blade of
more than 4 inches in length. This section does not apply to any person who
is exempted by section 10.1 (b) or (c) of the Uniform Public Offense Code.
Possession of a Weapon is a class B violation. In addition to the penalty
for the violation of this section, the Municipal Court Judge may order said
weapon forfeited to the City of Bel Aire, Kansas for destruction or preservation
as city property.
Section 3. Repeal
Ordinances Number 111, 175 and 234 are hereby repealed. All other
ordinances or parts of other ordinances in conflict herewith are repealed.
However, any section of an existing ordinance not in conflict herewith is not
repealed and remains in full force and effect.
Section 4. Effective Date
This Ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
Passed by the City Council this 3AJ day of Q~
!
day of J-~
,1997.
ApprQyeq by the Mayor this 3.Ad
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MAYOR, HAROLD A. SMITH
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CITY CL6 K, SHERRYL L. CUTTER