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HomeMy Public PortalAboutOrd 377 2002 Pub.Offenses Cd (First Published in the on the _ day of ,2002.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. .3 J J 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 2002, WITH CERTAIN CHANGES AND ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS; AND REPEALING ORDINANCES NUMBER 111,175,234,291,314 AND ALL OTHER CONFLICTING ORDINANCES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Incorporatinq Uniform Public Offense Code There is hereby incorporated by reference for the purpose of regulating public offenses 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 2002, 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. 3 J7 ," 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 1 The following offenses are hereby added to the Uniform Public Offense Code, as herein adopted, to-wit: 7.15 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 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. 9.15 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. 9.16 PUBLIC INDECENCY It shall be unlawful for any person to knowingly or intentionally, in a public place: (1) engage in sexual intercourse; (2) engage in deviate sexual conduct; (3) appear in a state of nudity; or (4) fondle the genitals of himself! herself or another person. 2 For the purpose of this section, "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. Public Indecency is a class A violation. 10.21 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. 10.22 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. 10.23 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. 10.24 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 BB gun; any automatic or semi-automatic firearm with a loaded magazine 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), (c) or (d) of the Uniform Public Offense 3 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 111,175,234,291 and 314 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 /7 day of ~ ' 2002. Approved by the Mayor this /7 day of ~ ,2002. /",~t.:.'""tzt,.~1':'}: . / C' / 'I \ r r ,,' ," I' . -'jIb'. V/ ~,'1.. \.- \ '-" (' i.C" ,', '~, ,'.!' )' ~. dJ"'1"\--~".' , , . . I i ~ '\' _' :~~_,' r.,' 11 ;; ~..1. . .",,~ D-L-r '. .' , . ,;::,,'\fl 11 ., l' " f I T ~ f A1 r ',' e(A "fi,"}rF ~T~ ,1, \' \}' " r Tr v " #t~~ B. J. BEEMS COUNCIL PRESIDENT ~/~ CITY CL RK, SHERRYL L. CUTTER 4