HomeMy Public PortalAboutOrd 234 Unif Pub. Offense 1993
(First Published in the ARK VALLEY NEWS
on the 4!!:i:..L day of SCo.J-c,,, .1t'/'" 1993.)
,
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. :2 31
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 1993, WITH CERTAIN CHANGES
AND ADDITIONS; PRESCRIBING ADDITIONAL
REGULATIONS; AND REPEALING ORDINANCES NUMBER
111 AND 175 AND ALL OTHER CONFLICTING
ORDINANCES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1.
Incorporating 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 1993,
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. ;1.31./ , " 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.
10.17
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.
10.18
POSSESSION OF MARIJUANA
Possession of Marijuana is possessing or controlling marlJuana in
violation of the Kansas Uniform Controlled Substances Act (K.S.A.
65-4101 et seq.).
Possession of Marijuana is a class A violation.
10.19
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.
10.20
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 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 III and 175 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 ;) /JI day of xUf1"~/'
1993.
Approved by the Mayor this d fJ day of .0r~ , 1993.
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SHERRYL L. CUTTER