A person is not authorized to use force to resist arrest which they know is being made either 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 arrested believes that the arrest is unlawful. Resisting arrest is a Class C violation.

(Prior Code § 12-201; Ord. 598)

(a)   Pursuant to powers granted by the legislature to cities, smoking is hereby prohibited in all city-owned or occupied buildings. Smoking is also prohibited in any city owned motor vehicles, including all emergency vehicles and vehicles with permanent license plates.

(b)   The penalty for violations of this section is as set forth in K.S.A. 21-6112.

(c)   Appropriate signage in each building and vehicle covered by this section shall be placed by the respective department head or person in charge of each particular building or vehicle.

(Prior Code § 12-203; Ord. 817)

Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting. Disturbance of religious assemblies is a Class C violation.

(Prior Code § 12-205)

Loitering in streets and other public places is the loitering on the public streets, school buildings or school grounds or any other public place or place accessible to the public without being engaged in some business demanding the person’s presence upon such street, school building, school grounds or at such public place or place accessible to the public or habitually lurking in a public place or a place accessible to the public without being engaged in some legal business. Loitering in streets and other public places is a Class C violation.

(Prior Code § 12-206)

It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building, or to loiter in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of occupants of any such house, room or building. Violation of this section is a Class C violation.

(Prior Code § 12-207)

(a)   The unlawful inhalation of certain toxic vapors from glue and related products and the sale of same in the city shall be as follows.

(1)   As used in this section, the phrase “glue containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any glue, cement or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds: acetone; acetate; benzene; butyl alcohol; ethyl alcohol; ethylene dichloride; isopropyl alcohol; methyl alcohol; methyl ethyl ketone; pentachlorophenol; petroleum ether; or toluene (toluol).

(2)   No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupification or the dulling of their brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property of releasing toxic vapors or fumes; provided that, nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.

(3)   No person shall, for the purpose of violating subsection (a)(2) above use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes;

(4)   No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if they have knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in subsection (a)(2) above.

(b)   A violation of this section is a Class B violation.

(Prior Code § 12-209)

Unlawful possession, use and transportation of Molotov cocktails is the transporting, use of possession or control of a container of incendiary or explosive material, liquid, solvent or mixture, equipped with a fuse, wick or other detonating device of a kind commonly known as “Molotov Cocktail”. Unlawful possession, use and transportation of Molotov cocktails is a Class A violation.

(Prior Code § 12-210)

(a)   No person, firm, association or corporation shall hold or store liquified petroleum gas in quantities in excess of 50 gallons within the city limits. This shall include residential or commercial liquified petroleum gas tanks used for heating of premises or other residential or commercial uses.

(b)   Nothing in this section shall prohibit the following:

(1)   Operation of a liquified petroleum gas bulk storage facility which complies with the city’s zoning ordinance in all respects;

(2)   Operation of liquified petroleum gas-fueled vehicles;

(3)   Residential or commercial liquified petroleum gas tanks for heating of premises or other residential or commercial uses when approved by the City Zoning Administrator. In making such approval, the City Zoning Administrator shall grant such approval only if natural gas service cannot be obtained. The cost of providing such service shall not be a factor in the approval process.

(c)   Any person, firm, association or corporation who violates this section shall be guilty of a misdemeanor and may be fined up to $500 for each offense. Each separate day shall constitute a separate violation.

(Prior Code § 12-213; Ord. 742)

Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana or tetrahydrocannabinol.

(a)   No person shall use or possess with intent to use:

(1)   Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto;

(2)   No person shall deliver, possess, with the intent to deliver or cause to be delivered any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 65-4162, and amendments thereto; and

(3)   In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:

(A)  Statements of the owner or person in control of an object concerning its use;

(B)  Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;

(C)  The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq. and amendments thereto;

(D)  The proximity of the object to controlled substances;

(E)   The existence of any residue of controlled substances on the object;

(F)   Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substance Act shall not prevent a finding that the object is intended for use as drug paraphernalia;

(G)  Oral or written instructions provided with the object concerning its use; and

(H)  Descriptive materials accompanying the object which explain or depict its use.

(b)  

(1)   Any person convicted of violating any provisions of this section shall be punished by a fine of not less than $500, nor greater than $2,500. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year.

(2)   The court, if found to be in the interests of justice, may suspend all or part of the minimum fine. To include, but be not limited to, the defendant’s level of cooperation with law enforcement including the truthful identification of the source of the controlled substance or contraband possessed by the defendant.

(3)   Any person who is convicted of a charge that violates this section may be required to obtain a drug abuse evaluation. Also may be required to attend and successfully complete a drug abuse education, counseling or treatment program. Any facility that conducts the programs must be approved by the state’s Board of Behavioral Sciences. The court shall order the defendant to pay all cost and fees associated with any education or treatment programs.

(4)   Any person who is diverted on a charge that violates this section may be required to obtain a drug abuse evaluation. Also, a person shall be required to attend and successfully complete a drug abuse education, counseling or treatment program. Any facility that conducts the programs must be approved by the state’s Board of Behavioral Sciences.

(5)   The municipal judge shall order any person convicted or diverted on charges of this section to pay the laboratory analysis fees specified in K.S.A. 28-176, and amendments thereto, as additional costs in the case provided that forensic laboratory services are rendered or administered in conjunction with this case.

(Prior Code § 12-215; Ord. 900)

Regulations relating to the classification of violations and confinement in the city shall be as follows.

(a)   For the purpose of sentencing, the following classes of violations and the punishment and the terms of confinement authorized for each class are established:

(1)   Class A: the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one year;

(2)   Class B: the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed six months;

(3)   Class C: the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed 30 days; and

(4)   Unclassified violations, which shall include all crimes declared to be violations without specifications as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be a definite term of confinement in the city or county jail fixed by the court which shall not exceed six months.

(b)   Upon conviction of a violation, a person may be punished by a fine as provided in section 11-212 of this article, instead of or in addition to confinement, as provided in this section.

(Prior Code § 12-211)

A person who has been convicted of a violation may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:

(a)   For a Class A violation, a sum not exceeding $2,500;

(b)   For a Class B violation, a sum not exceeding $1,000;

(c)   For a Class C violation, a sum not exceeding $500; and

(d)   For an unclassified violation, any sum authorized by the statute that defines the crime; if no penalty is provided in such law, the fine shall not exceed $500.

(Prior Code § 12-212)