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Home My Public Portal AboutOrd 496 Uniform Public Offense Code (First Published in the Ark Valley News on the,;?/ day of r-v,,-f , 2010.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 496 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 2010 WITH CERTAIN ADDITIONS; AND AMENDING SECTIONS 6.1.1 AND 6.1.2 OF THE CODE OF THE CITY OF BEL AIRE, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Amending Section 6.1.1 of the Code Section 6.1.1 of the Code of the City of Bel Aire, Kansas is amended to read as follows: "Section 6.1.1 Incorporating 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 2010, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three (3) copies of said Uniform Public Offense Code shall be marked "Official Copy as adopted by Ordinance No. ," 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. Amending Section 6.1.2 of the Code Section 6.1.2 of the Code of the City of Bel Aire, Kansas is amended to read as follows: "Section 6.1.2 Additional Offenses The following offenses are hereby added to the Uniform Public Offense Code, as herein adopted, to-wit: 6.24 UNLAWFULLY DEPOSITING SOLID WASTE Unlawfully Depositing Solid Waste is depositing or causing to be deposited any solid waste into, upon or about: (a) any highway, street, alley, right-of-way, sidewalk, park or other public place, unless within a receptacle provided for public solid waste or any lake, stream, watercourse, or other body of water except by direction of some public official or employee authorized by law to direct or permit such acts; or (b) any private property without the consent of the owner or occupant of such property. For the purpose of this section, "Solid waste" means and shall include putrescrible waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and nonputresrible materials such as paper, tin cans, bottles, glass, ashes, lawn and tree waste, appliances, furniture, electronics, construction waste, batteries, tires, motor oil and hazardous materials. Unlawfully Depositing Solid Waste is a class C violation. 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. 7.16 INTIMIDATION OF A WITNESS OR VICTIM Intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade: (1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or (2) any witness, victim or person acting on behalf of a victim from: (A) making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer; (B) causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution; (C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or (D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim. Intimidation of a Witness or Victim is a class B violation. 7.17 INTERFERENCE WITH PARENTAL CUSTODY Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, when done by a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order. It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order. Interference with Parental Custody 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. 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. 10.27 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. 10.28 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. 10.29 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. 10.30 UNLAWFUL POSSESSION OF A WEAPON NOT IN A GOVERNMENTAL BUILDING Unlawful Possession of a Weapon Not in a Governmental Building is carrying or possessing in or upon any highway, street, alley, public land or park which is open and accessible to the public, any loaded firearm, air rifle, air pistol or BB gun; 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, or transporting in any vehicle, when not encased in a container, any loaded firearm, air rifle, air pistol or BB gun; any automatic or semi-automatic firearm with a loaded magazine; 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 Code and does not restrict any person's rights to carry a concealed firearm pursuant to the Kansas Personal and Family Protection Act (K.S.A. § 75-7c01 et seq.). Unlawful Possession of a Weapon Not in a Governmental Building 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. 10.31 UNLAWFUL POSSESSION OF A WEAPON IN A GOVERNMENTAL BUILDING Unlawful Possession of a Weapon in a Governmental Building is carrying or possessing in or upon any governmental building any loaded firearm, air rifle, air pistol or BB gun; 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 Code. Unlawful Possession of a Weapon in a Governmental Building 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. 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 19th day of October, 2010. Approved by the Mayor this 19th day of October, 2010. r MAYOR, HAROLD A 'SMITH SEAL ATTEST: r `CITY_CLERK,VICKI BRADFORD