HomeMy Public PortalAboutOrd 428 Public Offense Code 2005
(First Published in the Ark Valley News
on the _ day of ,2005.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. "f;:(?f
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 2005, WITH CERTAIN CHANGES AND
ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS;
AND REPEALING ORDINANCES NUMBER 111, 175, 234,
291, 314, 377 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 2005, 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.
'I ~ lr ," 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:
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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.
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.
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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.
Forthe 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.
10.23 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.
10.24 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.).
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Possession of Marijuana is a class A violation.
10.25 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.
10.26 POSSESSION OF A WEAPON
Possession of a Weapon is 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, 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.
Possession of a Weapon is a class B violation. In addition to the penalty for the
violation ofthis 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 111,175,234,291,314 and 377 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.
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Passed by the City Council this !o
day of St'!j) t t'1'h her, 2005.
,
Approved by the Mayor this _~ day of Se~i'flI 1 er , 2005.
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CITY CLE , SHERRYL L. CUTTER
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OR, B~N L. WITHROW Ph.D.
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