CITY OF HUGOTON

Home    City Council Minutes    City Codes    Contact Us

PAY UTILITIES      PAY OTHER        PAY GOLF MEMBERSHIP/CART RENTAL  

 

City Government

What's New (Council Meetings)

Safe Routes to School

Streetscape Improvement

Services and Rates

Electric

Water

Sewer & Trash

Street

Inspector

Police Department

Recreation

Faq's

Guest Book

Chapter 11 CHAPTER XI. PUBLIC OFFENSES

 

                                                            Article 1.  Public Offenses

 

___________________

 

ARTICLE 1. PUBLIC OFFENSES

 

11-101.                        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 Hugoton, Kansas, that certain code known as the "Uniform Public Offense Code," Edition of 2014, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.  One copy of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton, Kansas," 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 section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.  (Ord. 815)

 

11-102.                        PAINTING AND STAINING.  Article 6 of the Uniform Public Offense Code is amended by adding the following section:

                                    6.26.  PAINTING AND STAINING.  It shall be unlawful for any person to mark by painting or staining or display in words, figures, letters or devices by way of advertising or otherwise on any fence, wall, building, post or place not his or her own within the city without proper authority.  (Code 1971; Code 1986; )

 

11-103.                        CITY PROPERTY, EQUIPMENT.  Article 6 of the Uniform Public Offense Code is amended by adding the following section:

                                    6.27.  CITY PROPERTY, EQUIPMENT.  It shall be unlawful for any person to injure, deface, remove, displace or destroy or in any other way interfere with any public building, structure, swing, amusement device, monument, hydrant, fountain, swimming pool or facilities or equipment of any sort in any public park or upon public or private property under the jurisdiction of the City of Hugoton.  (Code 1971; Code 1986)

 

11-104.                        RESPONSIBILITY, PARENTS, GUARDIANS.  Article 6 of the Uniform Public Offense Code is amended by adding the following section:

                                    6.28.  RESPONSIBILITY, PARENTS, GUARDIANS.  It shall be unlawful for any parent, guardian or other person having the legal care or custody of any minor child under 18 years of age to allow or permit such minor child to violate any of the provisions of Sections 6.26 and 6.27.  (Code 1983; Code 1986)

 

11-105.                        PENALTY.  Article 6 of the Uniform Public Offense Code is amended by adding the following section:

                                    6.29 PENALTY.  Any person violating any provisions of Section 6.23, 6.27 and 6.28 shall be fined a sum not exceeding $100, or by imprisonment for not more than 60 days or be both so fined and imprisoned.  Any minor person under 18 years of age shall be subject to the jurisdiction of the District Court of Stevens County.  (Code 1971; Code 1986)

 

11-106.                        CURFEW.  Article 9 of the Uniform Public Offense Code is amended by adding the following section:

                                    9.14.  CURFEW.  It shall be unlawful for any minor under 18 years of age to loiter, idle, wander, stroll, play in or be upon the public streets, highways, roads, alleys, parks, playgrounds, other public grounds, public places and public buildings, or places of public amusement or entertainment, or vacant lots and other unsupervised places within the city between the hours of 12:00 midnight and 6:00 a.m. of the following day.  The provisions of this section shall not apply to such minors when accompanied by his or her parent, guardian or other adult person having the care and custody of said minor or when a minor is upon an emergency errand or lawful duty or employment directed by his or her parent, guardian, or other adult having the care and custody of the minor, or when attending school functions and other activities under the supervision of school authorities or organizations sponsored by parents and be upon the streets of the city while returning home from any such function or activity.  (Ord. 454; Code 1986)

 

11-107.                        PARENT, GUARDIAN RESPONSIBLE.  Article 9 of the Uniform Public Offense Code is amended by adding the following section:

                                    9.15.  PARENT, GUARDIAN RESPONSIBLE.  It shall be unlawful for any parent, guardian or other person having the legal care or custody of a minor child under 18 years of age to allow or permit such minor child to loiter or be upon or in those places named in Section 9.14 within the time prohibited by Section 9.14.  Any minor under such age may be permitted to attend school functions and other activities under the supervision of school authorities or organizations sponsored by parents and be upon the streets of the city while returning home from any such function or activity.  (Ord. 454; Code 1986)

 

11-108.                        PENALTY.  Article 9 of the Uniform Public Offense Code is amended by adding the following section:

                                    9.16.  PENALTY.  Any person violating any of the provisions of Section 9.14 and 9.15 shall, upon conviction thereof, be fined in any sum not to exceed $50 for the first and shall be fined in any sum not to exceed $100 for any subsequent conviction.  Any minor person under 18 years of age shall be subject to the jurisdiction of the District Court of Stevens County, Kansas. (Ord 454; Code 1986)

 

11-109.                        EAVESDROPPING – “WINDOW PEEPING.”  Article 9 of the Uniform Public Offense Code for Kansas Cities, is hereby amended by adding the following section:

                                    9.17 EAVESDROPPING – “WINDOW PEEPING.”  (a) It shall be unlawful for any person to knowingly and without lawful authority enter into a private place with intent to observe the personal conduct of any other person or persons therein.

                                    (b) A “private place” within the meaning of this section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access.

                                    (c) Eavesdropping is a Class B misdemeanor. (Ord. 703, Sec. 3)

 

11-110.                        EXPECTORATION.  Article 10 of the Uniform Public Offense Code is amended by adding the following section:

                                    10.23.  EXPECTORATION.  It shall be unlawful for any person in the city to spit or expectorate any products of tobacco or other filth on the wall, carpet or floor or any part of any public building or church or upon any sidewalk abutting on any street.

 

11-111.                        DRUGS, MARIJUANA.  Article 10 of the Uniform Public Offense Code is amended by adding the following section:

                                    10.24 DRUGS, MARIJUANA. (a)  It shall be unlawful for any person to manufacture, possess, have under his or her control, prescribe, administer, deliver, distribute, dispense, compound, sell or offer for sale any depressant, stimulant or hallucinogenic drug in violation of the Kansas controlled substances act.

                                    (b) It shall be unlawful for any person to have in his or her possession any marijuana in violation of the Kansas controlled substance act.

                                    Violation of this section is a Class A violation.  (Code 1971; Ord. 559, Sec. 2)

 

11-112.                        FORTUNE TELLING; READINGS.  Article 11 of the Uniform Public Offense Code is amended by adding the following section:

                                    11.13.  FORTUNE TELLING; READINGS.  It shall be unlawful for any person to pursue or practice within the city the vocation, profession or art of fortune teller, clairvoyant, spirit medium necromancer, mind reader, character reader, seer, astrologist, palmist, prophet or other like crafty or occult art, or art of divination, or pretended art of telling past events of another's life, or in anyway revealing things of the past or of the future of a secret or hidden nature, whether for a price or gratuity, or whether by offer, or upon request.  Nothing herein shall be construed to make unlawful the foregoing as a part of any theatrical performance or entertainment open to the public upon payment of a regular admission charge.  (Code 1971; Code 1986)

 

11-113.                        GRAFFITI; FINDINGS.  The governing body of the city recognizes that the defacing of property by painting or other similar method, commonly referred to as "graffiti vandalism", constitutes a serious and growing menace, injurious to the public, health, safety, morals, and general welfare of the residents of the city; and that prompt eradication of graffiti vandalism is necessary to control its spread, and to promote the health, safety, morals and general welfare of the residents of the city.  (Ord. 735, Sec. 1)

11-114.                        GRAFFITI; DEFINITIONS.  As used in this section the following terms shall be the meanings indicated.

(a) City means the City of Hugoton, Kansas.

(b) Deface means to alter the appearance of property, real or personal, private or public, by removing, distorting, adding to, or covering all or part of it.

(c) Graffiti vandalism means defacement of property by means of painting, drawing, writing, etching, or carving, by use of any kind of paint, ink, knife, or any similar method.

                        (Ord. 735, Sec. 2)

11-115.                        GRAFFITI; PUBLIC NUISANCE.  All property defaced by graffiti vandalism which is visible to public view is declared to be a public nuisance and shall be removed by the property owner, within 72 hours of notification to the property owner by the city inspector or city law enforcement.  (Ord. 735, Sec. 3)

11-116.                        GRAFFITI; CONCURRENT REMEDIES.  Enforcement of this article shall not be exclusive and shall not restrict the city from concurrently enforcing other city ordinances, or pursuing any other remedy provided by law.  (Ord. 735, Sec. 4)

11-117.                        SALE, GIVE OR ALLOW PURCHASE OF SPRAY PAINT TO MINOR.  It shall be unlawful for any person to sell, or give, any spray paint to any person under 18 years of age, or for any person to knowingly permit any person under 18 years of age to purchase spray paint.  (Ord. 735, Sec. 5)

 

11-118.                        POSSESSION OF SPRAY PAINT BY A MINOR.  It shall be unlawful for any person under 18 years of age to possess any spray paint, unless under the direct supervision of a parent or guardian.  (Ord. 735, Sec. 6)

 

11-119.                        PENALTY.  Any violations of  sections 11-113 through 11-118 of this article shall be a Class C violation.

 

11-120.                        DRUG PARAPHERNALIA AND SIMILATED CONTROLLED SUBSTANCES; DEFINITIONS.  As used in this article:

            (a) “Controlled substance” means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65­-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

            (b) "Deliver" or "delivery" means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

            (c) 'Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the uniform controlled substances act. "Drug paraphernalia" shall include, but not limited to:

            (1) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

            (2) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

            (3) lsomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

            (4) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.                        (5) Scales and balances used or intended for use in weighing or measuring controlled substances.

            (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.

            (7) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.

            (8) Blenders, bowls, containers, spoons and mixing devises used or intended for use in compound controlled substances.

            (9) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

            (10) Containers and other objects used or intended for use or intended for use in storing or concealing controlled substances.

            (II) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.

(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:

(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B)Water pipes;

(C) Carburetion tubes and devices;

(D) Smoking and carburetion masks;

(E) Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);

(F) Miniature cocaine spoons and cocaine vials;

(G) Chamber pipes;

(H) Carburetor pipes;

(I) Electric pipes;

(J) Air-driven pipes;

(K) Chillums;

(L) Bongs; and

(M) Ice pipes or chillers.

(d) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.

(e) Simulated controlled substance" means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.

                        (Ord. 736, Sec. 1)

 

11-121.                        SAME; PROHIBITED ACTS.  No person shall use or possess with intent to use:

                                    (a) Any simulated controlled substance;

(b) 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 substances act;

(c) Any drug paraphernalia to plant, propagate, grow, or harvest less than 5 marijuana plants.

 

11-122.                        SAME; PENALTY.  Violation of sections 11-120-11-121 is Class A violation.

 

11-123.            SALE, INHALATION TOXIC VAPORS, GLUE RELATED PRODUCTS.  (a) 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 either or tolune (toluol).

                        (b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupification, or the dulling of his or her 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. Nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.

                        (c) No person shall, for the purpose of violating subsection (b) of this section use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes.

                        (d) 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 he or she has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in subsection (b) of this section.

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

(Ord. 648)

 

 

 

If you are having problems with the website contact webmaster at hugoton@pld.com