CHAPTER XI. PUBLIC OFFENSES

Article 1. Public Offenses

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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 uniform public offense code known as the "Uniform Public Offense Code for Kansas Cities," Edition of 2002, 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 hereinafter added, omitted, deleted, modified or changed. No fewer than three (3) copies of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. 674," with all sections or portions thereof intended to be added, omitted or changed clearly marked to show any such additions, omissions or changes 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 ordinance shall be supplied, at the cost of the city, such number of official copies of the Uniform Public Offense Code similarly marked, as may be deemed expedient. (Ord. 674, Sec. 1)

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

6.16. 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, 11-303; Code 1986)

 

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

6.17. 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, 11-305, 309; Code 1986)

 

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

6.18. 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 6.16 and 6.17. (Code 1983, 11-104; Code 1986)

 

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

6.21. PENALTY. Any person violating any provisions of Section 6.17 and 6.18 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, 11-305; Code 1986)

 

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

9.12. 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 of 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, 11-701; Code 1986)

 

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

9.13. 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 9.12 within the time prohibited by Section 9.12. 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, 11-702; Code 1986)

 

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

9.14. PENALTY. Any person violating any of the provisions of Section 9.12 and 9.13 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, 11-703; Code 1986)

 

11-109. EXPECTORATION. Article 10 of the Uniform Public Offense Code is amended by adding the following section:

10.14. 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.

 

10.15. DANGEROUS MISSILES. It shall be unlawful for any person to throw or project any ball, stone, brick, piece of wood, clay, ball bearing, or other hard substances along, over or upon any street, alley, sidewalk or public ground or at or against any house, building, vehicle, or at or towards any person.

Violation of this section is a Class B violation.

10.16. 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, 11-308, Ord. 559, Sec. 2)

11-110. FORTUNE TELLING; READINGS. Article 11 of the Uniform Public Offense Code is amended by adding the following section:

11.11. 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, 11-603; Code 1986)

 

11-111. EAVESDROPPING - "WINDOW PEEPING." Article 9 of the Uniform Public Offense Code for Kansas Cities, Edition of 2002, as adopted and incorporated by reference herein is hereby amended by adding the following section:

9.14. 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)