Unlawful interference with a person who provides emergency medical treatment is knowingly and intentionally interfering with, molesting or assaulting, as defined in UPOC 3.3, any person who provides emergency medical treatment while engaged in the performance of his or her duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any person who provides emergency medical treatment while engaged in the performance of his or her duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any person who provides emergency medical treatment to reach the location of a fire or accident. Unlawful interference with a person who provides emergency medical treatment is a Class B Public Offense.
(Code 2010)
(a) Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of sixteen (16) years, with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child.
(b) It is not a defense to a prosecution under this section that the accused is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(c) Interference with parental custody is a Class A Public Offense if the perpetrator is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(Code 2010)
Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of his or her lawful custodian without privilege to do so. A committed person is any person committed other than by criminal process to any institution or other custodian by any court or other officer or agency authorized by law to make such commitment. Interference with custody of a committed person is a Class A Public Offense.
(Code 2010)
(a) Criminal restraint is knowingly and without legal authority restraining another so as to interfere substantially with his or her liberty.
(b) This section shall not apply to acts done in the performance of duty by any law enforcement officer of the State of Kansas, City of Osawatomie or the United States of America.
(c) Any merchant, or a merchant’s agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint. Criminal restraint is a Class A Public Offense.
(Code 2010)
Extortion is verbally or by written or printed communication and with intent to extort or gain any thing of value from another or to compel another to do an act against his will:
(a) Accusing or threatening to accuse any person of a crime or conduct which would tend to degrade and disgrace the person accused; or
(b) Exposing or threatening to expose any fact, report or information concerning any person which would in any way subject such person to the ridicule or contempt of society, coupled with the threat that such accusation or exposure will be communicated to a third person or persons unless the person threatened or some other person pays or delivers to the accuser or some other person something of value or does some act against his will. Extortion is a Class A Public Offense.
(Code 2010)
(a) No social or fraternal organization shall promote or permit hazing.
(b) Hazing is intentionally, coercing, demanding or encouraging another person to perform as a condition of membership in a social or fraternal organization, any act which could reasonably be expected to result in great bodily harm, disfigurement or death or which is done in a manner whereby great bodily harm, disfigurement or death could be inflicted.
(c) Promoting or permitting hazing is a Class B Public Offense.
(Code 2010)
(a) Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts:
(1) Taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person if the aggregate amount of the value of the resources is less than $1,000; or
(2) Omitting or depriving treatment, goods or services by a caretaker or another person which are necessary to maintain physical or mental health of a dependent adult.
(b) No dependent adult is considered to be mistreated for the sole reason that such dependent adult relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult is a member or adherent.
(c) For purposes of this section, dependent adult means an individual 18 years of age or older who is unable to protect their own interest. Such term shall include:
(1) Any resident of an adult care home including but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;
(2) Any adult cared for in a private residence;
(3) Any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;
(4) Any individual with mental retardation or a developmental disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto;
(5) Any individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(6) Any individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.
(d) Mistreatment of a dependent adult is a Class A Public Offense.
(Code 2010)
The following definitions apply in this article unless a different meaning is plainly required:
(a) Public place - means any area generally visible to public view, and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, public restrooms, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to those buildings or dwellings and the grounds enclosing them.
(b) Sexual intercourse - means any penetration of the female sex organ by a finger, the male sex organ, or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. Sexual intercourse does not include penetration of the female sex organ by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) A body cavity search conducted in accordance with K.S.A. 22-2520:2524, and amendments thereto.
(c) Sodomy - means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. Sodomy does not include penetration of the anal opening by a finger or object in the course of the performance of:
(1) Generally recognized health care practices; or
(2) A body cavity search conducted in accordance with K.S.A. 22-2520:2524, and amendments thereto.
(d) Spouse - means a lawful husband or wife, unless the couple is living apart in separate residences or either spouse has filed an action for annulment, separate maintenance or divorce or for relief under the protection from abuse act.
(e) Unlawful sexual act - means any rape, indecent liberties with a child, criminal sodomy, lewd and lascivious behavior or sexual battery.
(Code 2010)
(a) Soliciting for immoral purposes is soliciting any person in a public place to engage in an act of prostitution, lewd and lascivious behavior or sodomy for hire.
(b) For the purposes of this section, the following terms shall have the meanings respectively ascribed to them:
(1) Prostitution shall have the meaning set out in UPOC 4.3.
(c) Soliciting for immoral purposes is a Class A Public Offense.
(Code 2010)
(a) Defrauding an innkeeper is obtaining any food, lodging, or other accommodation at any inn, restaurant, hotel, boarding house, apartment house, dwelling unit or rooming house by means of any trick, deception or false representation, statement or pretense, with intent to defraud the owner or keeper thereof.
(b) As used in this section, dwelling unit means a structure or a part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
(c) The following shall be prima facie evidence of the intent to defraud an owner or innkeeper as provided in this section:
(1) Obtaining lodging, food or other accommodations by false pretense or by false or fictitious show or pretense of any baggage or other property;
(2) Paying for such food, lodging or other accommodation by a check or other negotiable paper on which payment had been refused;
(3) Leaving the inn, restaurant, hotel, boarding house, apartment house, dwelling unit or rooming house without paying or offering to pay for such food, lodging or other accommodation;
(4) Surreptitiously removing or attempting to remove baggage or other property;
(5) Registering under a fictitious name.
(d) Defrauding an innkeeper of the value of less than $1,000 is a Class A Public Offense.
(Code 2010)
Fraudulently obtaining execution of a document is causing another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred. Fraudulently obtaining execution of a document is a Class A Public Offense.
(Code 2010)
Unauthorized presence is entering or remaining upon or in any public parking area, lot or business premises in violation of restrictions upon access plainly posted, in a manner reasonably likely to come to the attention of the public, indicating restricted business hours, restrictions upon public presence, intrusion, permissible activity or other limitations upon public access to the posted area or premises. Unauthorized presence is an unclassified Public Offense.
(Code 2010)
(a) Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with intent to use such matter for an unlawful purpose, or the use or attempt to use noxious matter to the injury of persons and property, or the placing or depositing of such matter upon or about the premises of another person without the consent of such person.
(b) Noxious matter, as used in this section, means any bomb, compound or substance which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.
(c) Criminal use of noxious matter is a Class A Public Offense.
(Code 2010)
(a) Automobile master key violation is either:
(1) Selling or offering to sell a motor vehicle master key knowingly designed to fit the ignition switch of more than one motor vehicle to a person who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer; or
(2) Possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer.
(b) It shall not be unlawful for the owner of two (2) or more vehicles to possess a motor vehicle master key for any or all of the motor vehicles so owned, nor shall the sale of such master keys to such owner be unlawful.
(c) Automobile master key violation is a Class B Public Offense.
(Code 2010)
Opening, damaging or removing coin-operated machines is willfully and knowingly opening, removing or damaging any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services or any part thereof, with intent to commit theft. Opening, damaging or removing coin-operated machines is a Class A Public Offense.
(Code 2010)
Unauthorized presence on city property is entering or remaining upon or in any property owned by the City of Osawatomie in violation of restrictions upon access plainly posted, in a manner reasonably likely to come to the attention of the public, indicating restricted hours, restrictions upon public presence, intrusion, permissible activity or other limitations upon public access to the posted area or premises. Unauthorized presence on City property is an Unclassified Public Offense.
(Code 2010)
(a) Counterfeiting is intentionally manufacturing, using, displaying, advertising, distributing, offering for sale, selling or possessing with intent to sell or distribute any item or services bearing or identified by a counterfeit mark.
(b) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess such items with intent to sell or distribute.
(c) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(d) As used in this section:
(1) Counterfeit mark - means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.
(2) Intellectual property - means any trademark, service mark or trade name as such terms are defined in K.S.A. 2005 Supp. 81-202, and amendments thereto.
(3) Retail value - means the counterfeiter’s regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter’s regular selling price of the finished product on or in which the component would be utilized.
(4) The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses.
(e) Counterfeiting of the retail value of less than $1,000 is a Class A Public Offense.
(Code 2010)
(a) No person shall climb upon or hang over any rotunda, shelterhouse, hall or portico, railing, or stair railing located in or upon any City property.
(b) No person shall run up or down the halls or stairways or crowd, push or shove any other person upon the stairways located on city property.
(c) No person shall swim or wade in any fountain located on the grounds of city property, nor shall any person permit any animal under the person’s care to enter the fountain.
(d) Except for guide dogs, hearing assistance dogs, service dogs, the animal control facilities, and if specifically authorized by city manager or governing body, no person shall bring any animals into any city building. A person convicted of violating this section shall be guilty of a Class C Public Offense.
(Code 2010; Code 2018)
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer while the said officer is engaged in directing, controlling or regulating traffic during an emergency or accident investigation. Disobeying the lawful order of a police officer is a Class C Public Offense.
(Code 2010)
It shall be unlawful for any person to violate his or her written promise to appear given to a law enforcement officer upon the issuance of a Uniform Complaint and Notice to Appear regardless of the disposition of the charge for which such complaint and notice to appear was originally issued. Failure to obey citation is a Class C Public Offense.
(Code 2010)
(a) Failure to appear is intentionally incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days following the date of such forfeiture by one who is charged with a public offense and has been released on bond for appearance before the municipal court of Osawatomie, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days after his or her conviction of a public offense has become final by one who has been released on an appearance bond by the municipal court of Osawatomie.
(b) Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a) of this section.
(c) The provisions of subsection (a) of this section shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense. Failure to appear is a Class B Public Offense.
(Code 2010)
Resisting arrest is knowingly and intentionally obstructing, resisting, opposing or interfering with a law enforcement officer while such officer is engaged in making an arrest. Resisting arrest is a Class B Public Offense.
(Code 2010)
(a) It shall be unlawful for any person to possess or have under such person’s control or display a false document which
(1) Simulates, purports to be or is designed so as to cause others reasonably to believe it to be an identification document; and
(2) Bears a fictitious name or other false information.
(b) As used in this section, identification document means any card, certificate or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses, non-drivers’ identification cards, motor vehicle liability insurance cards, birth certificates, Social Security cards and employee identification cards.
(c) Dealing in false identification documents is an unclassified public offense.
(d) This section shall not apply to law enforcement officers acting within their scope of employment.
(Code 2010)
(a) Civil injury or loss - means any injury or loss for which a civil remedy is provided under the laws of this state, any other state or the United States.
(b) Malice - means an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration justice.
(c) Victim - means any individual:
(1) Against whom any crime under the laws of this state, any other state or the United States is being, has been or is attempted to be committed;
(2) Who suffers a civil injury or loss.
(d) Witness - means any individual:
(1) Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;
(2) Whose declaration under oath is received or has been received as evidence for any purpose;
(3) Who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(4) Who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States;
(5) Who would be believed by any reasonable person to be an individual described in subsection (d)(1:3).
(Code 2010)
Intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade:
(a) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(b) Any witness, victim or person acting on behalf of a victim from:
(1) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(2) Causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole, or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(3) Causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(4) Arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(c) Intimidation of a witness or victim is a Class B Public Offense.
(Code 2010)
(a) In its discretion and upon good cause (which may include but is not limited to the declaration of a party’s attorney) to believe that intimidation or dissuasion of any victim or witness has occurred or is reasonably likely to occur, the court may issue any reasonable order necessary to remedy or prevent the intimidation or dissuasion, including but not limited to an order that:
(1) Any person before the court, including but not limited to a party, subpoenaed witness or other person entering the courtroom of the court, not violate any provision of this code;
(2) Any person described in this section maintain a prescribed geographic distance from any specified witness or victim;
(3) Any person described in this section have no communication whatsoever with any specified witness or victim, except through an attorney under such reasonable restrictions as the court imposes;
(4) Calls for a hearing to determine if an order described in subsection (a)(1:3) should be issued; or
(5) A particular law enforcement agency within the jurisdiction of the court provide protection for a victim or witness.
(b) Actions by a law enforcement agency pursuant to an order issued under subsection (a)(5) are considered to be police protection within the exemption from liability under the Kansas Tort Claims Act for damages resulting from the failure to provide, or the method of providing, police protection.
(Code 2010)
Violation of an order entered pursuant to Section 11-326 may be punished in any of the following ways:
(a) In the manner provided by Section 11-325 when applicable.
(b) As a contempt of the court making the order. No finding of contempt shall be a bar to prosecution for a violation of Section 11-325, but:
(1) Any person held in contempt shall be entitled to have any punishment imposed for contempt to be credited against any sentence imposed upon conviction of a violation of Section 11-325; and
(2) Any conviction or acquittal of a violation of Section 11-325 shall be a bar to subsequent punishment for contempt arising out of the same act.
(c) By revocation of any form of pretrial release of a criminal defendant or by the forfeiture of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant into custody. After a hearing and upon a showing by clear and convincing evidence, the court, in its sound discretion, may order the revocation whether the violation was committed by the defendant personally or in any way caused or encouraged it to be committed.
(Code 2010)
(a) Harassment of a court by telefacsimile communication is the use of telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business.
(b) As used in this section, telefacsimile communication means the use of electronic equipment to send or transmit a copy of a document via telephone line.
(c) Harassment by telefacsimile communication is a Class A Public Offense.
(Code 2010)
(a) Official misconduct is any of the following acts committed by a public officer or employee in his public capacity or under color of his office or employment:
(1) Using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer’s or employee’s control or direction, or in the officer’s or employee’s custody, exclusively for the private benefit or gain of the officer or employee or another.
(2) Knowingly and willing failing to serve civil process when required by law.
(3) Using confidential information acquired in the course of and related to the officer’s or employee’s office or employment for the private benefit or gain of the officer or employee or another or to maliciously cause harm to another. As used in this section,” confidential” means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.
(4) Except as authorized by law, knowingly, willfully and with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract:
(A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract;
(B) Accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or
(C) Altering any bid or proposal submitted by a bidder on a contract or proposed contract.
(5) Except as authorized by law, knowingly destroying, tempering with or concealing evidence of a crime.
(6) Knowingly and willfully submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.
(b) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:
(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or
(2) Constitutes misuse of public funds, as defined in K.S.A. 21-3910 and amendments thereto.
(c) Official misconduct as defined in subsections (a)(1:4) is a Class A Public Offense.
(d) Official misconduct as defined in subsection (a)(5) is a Class A Public Offense if the evidence is evidence of a crime which is a misdemeanor.
(e) Official misconduct as defined in subsection (a)(6) is a Class A Public Offense for a claim of less than $1,000.
(f) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee’s office or employment.
(Code 2010)
(a) Compensation for past official acts is giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in his official capacity as such public officer or employee, a decision, opinion, recommendation or vote favorable to the person giving or offering such benefit, reward or consideration, or for having performed an act of official misconduct.
(b) Subsection (a) of this section shall not apply to the following:
(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or
(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
(3) Compensation for past official acts is a Class B Public Offense.
(Code 2010)
Presenting a false claim is knowingly and with intent to defraud presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim. Presenting a false claim for less than $1,000 is a Class A Public Offense.
(Code 2010)
Permitting a false claim is the auditing, allowing, or paying of any claim or demand made upon the City of Osawatomie or other municipal governmental instrumentality within the city by a public officer or employee who knows such claim or demand is false or fraudulent in whole or in part. Permitting a false claim for less than $1,000 is a Class A Public Offense.
(Code 2010)
Discounting a public claim is the act of a public officer or employee, who in his private capacity either directly or indirectly, purchases for less than full value or discounts any claim held by another against the City of Osawatomie or a municipal subdivision thereof. Discounting a public claim is a Class A Public Offense.
(Code 2010)
(a) An unlawful interest in an insurance contract is the act of a public officer or employee who:
(1) Represents in any capacity or divides commissions with any surety company or other writer of a surety bond in the writing of any bond or contract subject to the approval of such public officer or employee; or
(2) Represents in any capacity or divides commissions with an insurance company or other insurer in the writing of any policy of fire, casualty, workmen’s compensation or other insurance which is paid for from the public funds of the political unit served by such officer or employee.
(b) Unlawful interest in an insurance contract is a Class A Public Offense.
(Code 2010)
An unlawful procurement of an insurance contract is the act of any surety company or other writer of surety bonds or any insurance company or other insurer who employs or contracts with a public officer or employee to represent such writer of surety bonds or insurer in any capacity or to share commissions on any surety bond or contract subject to the approval of such public officer or employee, or any policy of fire, casualty, workmen’s compensation or other insurance which is paid for from the public funds of the political unit served by such officer or employee. Unlawful procurement of an insurance contract is a Class A Public Offense.
(Code 2010)
(a) It shall be unlawful for any person to use for such person’s personal use, or to allow any unauthorized person to use, any form of postage paid for with city funds.
(b) Violation of this section shall constitute a Class C Public Offense.
(Code 2010)
(a) Harassment by telephone is use of telephone communication for any of the following purposes:
(1) Making or transmitting any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;
(2) Making a telephone call, whether or not conversation ensues, or transmitting a telefacsimile communication with intent to abuse, threaten or harass any person at the called number;
(3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;
(4) Making repeated telephone calls, during which conversation ensues, or repeatedly transmitting a telefacsimile communication solely to harass any person at the called number;
(5) Playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(6) Knowingly permitting any telephone or telefacsimile communication machine under one’s control to be used for any of the purposes mentioned herein.
(b) As used in this section, telephone communication shall include telefacsimile communication which is the use of electronic equipment to send or transmit a copy of a document via telephone lines.
(c) Harassment by telephone is a Class A Public Offense.
(Code 2010)
(a) It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Osawatomie.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. neighboring inhabitants shall include persons living or occupying within residential districts of single or multiple-family dwellings and shall include areas where multiple-unit dwellings, high-rise apartments and high-density residential districts are located.
(c) Prima facie violation. The operation of any electronic device, set, instrument, television, phonograph, machine or other sound-producing device at any time in such a manner as to be plainly audible at either the adjacent property line, or 50 feet in the case of a multiple-family dwelling between the hours of 10:00 p.m. and 10:00 a.m., shall be prima facie evidence of a violation of this section. Unlawful neighborhood disturbance is a Class C Public Offense.
(Code 2010)
(a) Stalking is:
(1) Intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;
(2) intentionally engaging in a course of conduct targeted at a specific person which the individual knows will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family.
(b) Stalking as described in subsection (a)(1) is a class A public offense.
(c) Upon conviction, stalking as described in subsection (a)(2) is a class A public offense.
(d) For the purposes of this section, a person served with a protective order as defined by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a uniformed law enforcement officer, that such person’s actions were in violation of this section, shall be presumed to have acted intentionally as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(e) In a criminal proceeding under this section, a person claiming an exemption, exception or exclusion has the burden of going forward with evidence of the claim.
(f) As used in this section:
(1) Course of conduct - means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such person’s immediate family;
(B) Following, approaching or confronting the targeted person or a member of such person’s immediate family;
(C) Appearing in close proximity to, or entering the targeted person’s residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person’s immediate family;
(D) Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family;
(E) Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person;
(F) Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family; or
(G) Any act of communication.
(2) Communication - means to impart a message by any method of transmission, including, but not limited to: telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer.
(3) Computer - means a programmable, electronic device capable of accepting and processing data.
(4) Conviction - includes being convicted of a violation of this section or being convicted of a law of another state which prohibits the acts that this section prohibits.
(5) Immediate family - means father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.
(g) If any provision or application of this section is held invalid for any reason, the invalidity of such provision or application is severable and does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications.
(Code 2010)
A person commits the crime of keeping a disorderly premises if he/she shall permit, allow or encourage any offense against the public peace, as defined in UPOC 9.1, to occur or continue on premises owned or controlled by him. Keeping disorderly premises is a Class A Public Offense.
(Code 2010)
11-341. Reporting nuisance and disorderly premises convictions to licensing authorities of clubs, drinking establishments and cereal malt beverage retailers.
(a) Upon a conviction of a violation of Osawatomie UPOC 9.5, 9.6 or Section 11-340, and amendments thereto, for keeping disorderly premises for maintaining or permitting a public nuisance on the premises of a club or drinking establishment licensed under the club and drinking establishment act, the court shall report such conviction to the director of alcoholic beverage control.
(b) Upon a conviction of a violation of Osawatomie Municipal Code Sections UPOC 9.5, 9.6 or Section 11-340, and amendments thereto, for keeping disorderly premises or for maintaining or permitting a public nuisance on the premises of a retailer licensed under Chapter 3 of the Osawatomie Municipal Code and K.S.A. 41-2701 et seq., and amendments thereto, the court shall report such conviction to the Governing Body of the city which issued the license.
(Code 2010)
For the purposes of this article, the following terms shall have the meaning ascribed to them in this section:
(a) Explosives - means any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.
(b) Firearm - means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion, expanding gases or other combustion. This definition shall include devices using a fuelant and ignition device to launch or shoot a potato or other projectile from a cylinder or similar device, commonly known as ‘spud or potato guns.’ This term shall not include a firearm which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 USC 5841, et seq., and any amendments thereto.
(c) Minor - means a person who is under the age of eighteen (18) years.
(d) Throwing star - means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designated in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.
(Code 2010)
(a) Failure to register sale of explosives is the omission, by the seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by him as required by this section.
(b) The register of sales required by this section shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purposes it is to be used. Said register and said record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one (1) year after said sale or other disposition.
(c) Failure to register sale of explosives is a Class A public offense.
(Code 2010)
Failure to register receipt of explosives is the omission, by any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing his name in the register provided in Section 11-343 on the page where the record of such delivery is entered. Failure to register receipt of explosives is a Class B Public Offense.
(Code 2010)
Unlawful failure to report lost or stolen explosives is the failure by and owner, seller or other custodian of explosives, to report lost, misplaced or stolen explosives or explosives otherwise unaccounted for, within ten (10) days of discovering the loss or theft of said explosives. Unlawful failure to report lost or stolen explosives is a Class B Public Offense.
(Code 2010)
(a) It shall be unlawful:
(1) For any person to send, give, mail or cause to be delivered any facsimile or hoax explosive device to another person, or cause such device to be placed in a public or private place; or
(2) For any person to possess any facsimile or hoax device with the intent to cause another person to fear for their personal safety or the safety of others.
(b) Sending or placing a hoax or facsimile explosive device is a Class A Public Offense.
(Code 2010)
(Code 2018)
(a) Illegal bingo operation is the management, operation or conduct of games of bingo in violation of the laws of the State of Kansas pertaining to the regulation, licensing and taxing of games of bingo or rules and regulations, adopted pursuant thereto.
(b) Illegal bingo operation is a Class A Public Offense.
(Code 2010)
(a) It shall be unlawful for any person to knowingly or intentionally appear in a state of nudity in a public place.
(b) Nudity - means the showing of the human male or female: genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; the showing of the covered male genitals in a discernibly turgid state; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast which device simulates and give the realistic appearance of nipples and/or areola.
(c) Public Place - means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence whether permanent or temporary in nature shall not be deemed a public place. Public place shall not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by:
(1) A proprietary school, licensed by the State; a college, junior college or university supported entirely or partly by taxation; or
(2) A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.
(d) The prohibition set forth in subsection (a) shall not apply to:
(1) Any child under ten (10) years of age; or
(2) Any individual exposing a breast in the process of breastfeeding an infant under three (3) years of age.
(3) Any theatrical production performed in a theater by a professional or amateur theatrical or musical company which has serious artistic merit.
(e) Public Indecency is a Class B Public Offense.
(Code 2010)
(a) It is unlawfully for any person to engage in the business of providing saunas, bathing, soaking or hot tubs, showers, whirlpools or exercise equipment where persons of both sexes may use the same facility or separate facilities in view of each other, at the same time while in the nude.
(b) This section shall not apply to licensed hotels or motels which provide tubs or showers in private hotel or motel rooms for incidental use by persons who rent such rooms.
(Code 2010)
A false membership claim is falsely representing oneself to be a member of a fraternal, veteran’s organization or a private club, licensed to serve alcoholic liquors for consumption upon the premises, pursuant to the laws of the State of Kansas. False membership claim is a Class C Public Offense.
(Code 2010)
(a) Unlawful dog fighting is:
(1) Causing, for amusement or gain, any dog to fight with or injure another dog;
(2) Knowingly permitting such fighting or injuring on premises under one’s ownership, charge or control; or
(3) Training, owning, keeping, transporting or selling any dog for the purpose or with the intent of having it fight with or injure another dog.
(b) Unlawful conduct of dog fighting is a Class A Public Offense.
(c) Attending the unlawful conduct of dog fighting is a Class B Public Offense.
(Code 2010)
(a) It shall be unlawful for any person to dispose of refuse by open burning or to cause, allow or permit open burning within the city.
(b) This section shall apply to the disposal of trade wastes or any refuse by open burning by commercial facilities as well as residential or private entities. Open burning is an Unclassified Public Offense.
(Code 2010)
No person shall burn any combustible matter of any kind on any paved street within the city. No person shall throw or place any gasoline, kerosene or any substance likely to damage any paved street upon any street within the city. Burning on streets is an Unclassified Public Offense.
(Code 2010)
No person shall place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction in any manner to obstruct, hinder or delay the Fire Department in the performance of its duties. Nor shall any person hitch or cause to be hitched to any fire hydrant any animal, nor fasten to the hydrant any guy rope or brace, nor back or stand any wagon, truck, automobile or other vehicle within fifteen (15) feet of any such hydrant. Obstructing a fire hydrant is an Unclassified Public Offense.
(Code 2010)
No child under the age of eighteen (18) years of age shall be locked in an unattended vehicle by any adult unless such child has the present ability to release himself from such vehicle. Violation of this section shall be an Unclassified Public Offense.
(Code 2010)
It shall be unlawful for any person to obstruct in any manner any street, alley or sidewalk within the city. This section applies to the placing of benches or other obstructions upon sidewalks. Obstructing streets or sidewalks is an Unclassified Public Offense.
(Code 2010)
(a) It is unlawful for any person to install, erect, construct, maintain or permit an encroachment structure in, upon, under or over a public street, public highway, public right-of-way or other public property.
(b) Encroachment structures shall include any tower, pole, pole line, pipe, pipeline, fence, billboard stand or building, or other object or structure.
(c) This section shall not apply to any encroachment structure installed, erected, constructed or maintained with approval of the Governing Body.
(Code 2010)
It is unlawful for any person to urinate or defecate upon any street, highway, alley, or upon the premises of any public place or building, or upon any private property in open view of any person, except if such public place, building or private property has been designated and designed as a restroom, lavatory or water closet. Urination in public is a Class C Public Offense.
(Code 2010)
(a) Debt adjusting is engaging in the business of making contracts, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money periodically to the person engaging in the debt adjusting business who shall for a consideration distribute the same among certain specified creditors.
(b) The provisions of this act shall not apply to those situations involving debt adjusting, as defined here, which is incidental to the lawful practice of law in this state.
(c) Debt adjusting is a Class B Public Offense.
(Code 2010)
(a) A deceptive commercial practice is the act, use or employment by any person of any deception, fraud, false pretense, false promise, or knowing misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise, whether or not any person has in fact been misled, deceived or damaged thereby.
(b) The following definitions shall be applicable to this section:
(1) Merchandise - means any objects, wares, goods, commodities, intangibles, real estate or services.
(2) Person - means any natural person or his legal representative, partnership, corporation (domestic or foreign), company, trust business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof.
(3) Sale - means any sale, offer for sale, or attempt to sell any merchandise for any consideration.
(c) This section shall not apply to the owner or publisher of any newsletter, magazine, or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.
(d) A deceptive commercial practice is a Class A Public Offense.
(Code 2010)
Wasting water, gas, etc., is willfully causing the waste of any water, gas, steam or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe. Wasting utilities is a Class B Public Offense.
(Code 2010)
It is unlawful for any person, other than city employees and Police Department officers in the line of duty, to respond or answer police radio calls, or to in any way interfere with police radio calls, or to in any way interfere with police officers answering such radio police calls. A violation of Police Communication is a Class C Public Offense.
(Code 2010)
(a) The posting, fastening, nailing or otherwise affixing or placing of any written, painted, or printed matter or sign of any kind which advertises for sale any merchandise, product, commodity, or any political or any other sign of any size or character or any other thing, to any telephone pole, lamp post, electric utility pole, or any public property or street right of way is prohibited.
(b) For the purpose of this section person shall mean and include any person, form, partnership, association, company, corporation or organization of any kind.
(c) This section shall not prohibit the placement of political signs on the unpaved right-of-way between the sidewalk and street curb for a period of 45 days prior to an election and 48 hours after the close of the polls. Such signs shall be no larger than two feet tall and two feet wide. In the event any sign creates a public safety concern, the same shall be relocated or removed at the direction of the Chief of Police.
(d) Any person who shall violate this section, upon conviction, shall be punished by a fine of not less than $10 nor more than $100 or imprisoned for not more than 10 days, or both such fine and imprisonment. Each day of violation shall be a separate offense.
(Code 2010; 2015 House Bill 2813; Code 2018)
(a) It is hereby declared to be unlawful for any person under the age of 18 years to be in or upon any street, alley, park, city-owned property or in any other public place, or place to which the public has access, between the hours of 10:00 P.M. and 6:00 A.M. except that on Friday and Saturday nights such prohibition shall be effective between the hours of 11:00 P.M. and 6:00 A.M. of the following morning.
(b) The provisions of this article shall not apply, if the underage person is in the company of his or her parent or legal guardian. Any person violating the provisions of this section shall be taken before the juvenile court of Miami County to be dealt with according to the law.
(c) Violation of this section is a Class C misdemeanor as defined by the Code of the City of Osawatomie.
(Code 2010)
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, 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. Window Peeping is a Class B offense.
(Code 2010)
It shall be unlawful to ride or operate a bicycle, skateboard, coaster, or roller skates or similar devices on the sidewalks on Main Street between 5th Street and the railroad tracks went of 6th Street including one-half block north and south of this corridor. A violation of this section is a misdemeanor, punishable of a fine not to exceed $50.00.
(Code 2010)
As used throughout Section 11-368, the following terms have these prescribed meanings:
(a) Controlled substance - means any drug, substance or immediate precursor included in Schedules I through V, both inclusive, of the Uniformed Controlled Substances Act 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 - shall mean:
(1) Substances recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopeia of the United States or official national formulary or any supplement to any of them.
(2) Substances intended for the use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals.
(3) Substances (other than food) intended to affect the structure or function of the body of man or animals: and
(4) Substances intended for use as a component of any article specified in subsection (c)(1:4). It does not include devises or their components, parts or accessories.
(d) Drug paraphernalia - means all equipment, and materials of any kind which are used or intended for uses in planting, propagating, cultivating, growing, 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 Substance Act.
(1) Drug paraphernalia shall include, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting species of plant which is a controlled substance or from which controlled substance can be derived.
(B) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(C) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(D) Testing equipment used or intended for use in identifying or analyzing the strength, effectiveness of purity of controlled substances.
(E) Scales and balances used or intended for use in weighing or measuring controlled substances.
(F) Diluents and adulterants such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.
(G) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.
(H) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(I) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.
(J) Containers and other objects used or intended for use in storing or concealing controlled substances.
(K) Hypodermic syringes needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.
(L) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(ii) Water Pipes;
(iii) Carburetion Tubes and Devices;
(iv) Smoking and Carburetion Masks;
(v) Roach clips (objects used to hold burning material, such as marijuana cigarette that has become too small or too short to be held in the hand);
(vi) Miniature Cocaine spoons and Cocaine vials;
(vii) Chamber Pipes;
(viii) Carburetor Pipes;
(ix) Electric Pipes;
(x) Air-driven Pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice Pipes or Chillers.
(2) In determining whether an object is drug paraphernalia, a court or other authority shall consider in addition to all other logically relevant factors, the following:
(A) Statements by an owner or person in control of the 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 substances act.
(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 the object, to deliver it to a person, the owner or person in control of the object knows or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(e) Manufacture - the production, preparation, propagation, compounding, conversion, or processing of a controlled substance either directly or indirectly by extractions from substances of natural origin or independently by means of chemical synthesis or by a combination of extractions and chemical synthesis and includes packaging or repackaging of the substance or labeling or re-labeling of its container, except that this term does not include preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging or labeling of a controlled substance:
(1) By a practitioner or his or her agent pursuant to a lawful order of a practitioner an as incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice: or
(2) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of or as an incident to research, teaching, or chemical analysis or by a pharmacist or hospital as an incident to his or her dispensing of a controlled substance.
(f) Marijuana - means all parts of all varieties of the plant Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, preparation, of the plant its seed or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.
(g) Patient - means the:
(1) Individual for whom a drug is prescribed or to whom a drug is administered: or
(2) The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided that the prescribing or administering of this definition is in good faith and in the course of professional practice only.
(h) Pharmacist - is an individual currently licensed by the board to practice the profession of pharmacy in this State.
(i) Person - means any individual, corporation, government or governmental subdivision or agency, business trust, estate trust, partnership, association or other legal entity.
(j) Practitioner - means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist, licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic license, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance.
(k) Prescription - a written order, or in cases of emergency, a telephonic order, issued by a practitioner in good faith in the course of his or her professional practice to a pharmacist for a drug for a particular patient, which specifies the date of issue, the name and address of the patient, (and, if such drug is prescribed for an animal the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug, and the signature of such practitioner.
(l) Production - is the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
(m) School - means any public or private elementary, junior high or high school.
(n) 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.
(o) Somnifacient and stimulating - have the meaning attributable in standard medical lexicons.
(p) Warehouseman - is a person who, in the usual course of business, stores drugs for others lawfully entitled to possess then and who had no control over the disposition of such drugs except for the purpose of storing them.
(q) Wholesaler - is a person engaged in the business of distributing drugs to persons including in any of the classes in Section 11-368.3(a)(2)
(Code 2010)
(a) It is unlawful for any persons to possess, have under such person’s control, possess with intent to sell, offer for sale, prescribe, administer, deliver, distribute, dispense or compound any drug, controlled substance, or marijuana as defined in Section 11-368.1 above unless:
(1) Such drug is delivered by a pharmacist, or his or her authorized agent, is good faith upon prescription and there is affixed a label bearing:
(A) The name and address of the owner of the establishment from which the drug was delivered,
(B) The date on which the prescription was filled,
(C) The number of the prescription as filed in the prescription files of the pharmacist who filed the prescription,
(D) The name of the practitioner who prescribed such drug,
(E) The name and address of the patient, and if such drug was prescribed for an animal, a statement showing the species of the animal, and
(F) The direction for the use of the drug and precautionary statements, if any, as contained in the prescription, and
(2) In the event that such delivery is pursuant to telephonic order, such prescription shall be promptly reduced to writing and filed by the pharmacist, or
(3) Such drug is delivered by a practitioner in good faith and in the course of his or her professional practice only.
(b) It is unlawful for any person to refill any prescription for a drug unless such refilling is specifically prescribed by the prescriber.
(c) It is unlawful for any person to fail to keep records required by Section 11-368.4.
(d) It is unlawful for any persons to possess a drug unless such person obtained such drug on the prescription of a practitioner or in accordance with subsection (a)(3) of this section or from a person licensed by the laws of any other State or the District of Columbia to prescribe or dispense drugs.
(e) It is unlawful for any person to refuse to make available and to afford full opportunity to check any record, file, stock or inventory as required in Section 11-368.5.
(f) It is unlawful for any person to use his or her own advantage, or to reveal other than to a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs or to a court when relevant in judicial proceedings, any information acquired under the authority of Section 11-368.5 concerning any method or process which has a trade secret and is entitled to protection.
(g) It is unlawful for any person to obtain or attempt to obtain a drug by fraud, deceit, misrepresentation or subterfuge: or by the forgery or alteration of a prescription; or by the use of a false name or by the giving of a false address.
(h) It is unlawful for any person to sell, offer for sale, or have in his or her possession with the intent to sell any hallucinogenic or stimulating drug as described in Section 11-368.1.
(Code 2010)
(a) The provisions of subsections 11-368.2(a,e) shall not be applicable:
(1) To the delivery of drugs for medical or scientific purposes only to persons included in any of the classes hereinafter named, or to the agents or employees of such persons, for the use in the usual course of their business or practice or in the performance of their official duties, as the case may be; or
(2) To the possession of drugs by such persons or their agents or employees for such use:
(A) Pharmacists,
(B) Practitioners,
(C) Persons who procure drugs for disposition under the supervision of pharmacists or practitioners employed by them or for the purpose of lawful research, teaching or testing and not for resale,
(D) Hospitals and other institutions which procure drugs for lawful administration by or under the supervision of practitioners,
(E) Manufacturers or wholesalers,
(F) Carriers and warehousemen.
(b) Nothing contained in Section 11-368.2 shall make it unlawful for a public officer, agent or employee, or person aiding such public officer in performing his or her official duties to possess, obtain, or attempt to obtain for the purpose of enforcing the provisions of any law of this State of the United States relating to the regulation of handling, sale or distribution of drugs.
(c) Nothing in this Section shall apply to a compound, mixture, or preparation containing a drug which is sold in good faith for the purpose for which it is intended and not for the purpose of evading the provisions of this Section if such compound, mixture, or preparation contains a sufficient quantity of another therapeutic agent or agents, in addition to such a drug to cause a dangerous hypnotic somnifacient or stimulating action.
(Code 2010)
(a) Persons (other than carriers) to who the exemptions of Section 11-368.3 are applicable shall maintain detailed, but not necessarily separate, records and inventories relating to drugs manufactured, purchased, sold, distributed and handled and retain all such records and inventories required by this subsection (a) for not less than two calendar years after the date of this transaction shown by such a record inventory.
(b) Pharmacists shall, in addition to complying with the provisions of Subsection (a) of this Section, retain each prescription and written record of telephonic order for a drug filled by them, for not less than two (2) calendar years immediately following the date of the last refilling of such prescription whichever is the later date.
(Code 2010)
Persons required by Section 11-368.4 to keep files, inventories, or records relating to drugs shall, upon the written request of a Public Officer or employee charged with the duty of enforcing laws relating to the handling, sale or distribution of drugs;
(a) Make such files, inventories, or records available to such officer or employee, at all reasonable hours, for inspection and copying and;
(b) Accord to such officer or employee full opportunity to check the correctness of such files, inventories, or records, including opportunity to make inventory of all stocks or drugs on hand.
(Code 2010)
11-368.6 Control of drug paraphernalia and control of simulated drugs and simulated controlled substances.
(a) Sale and display prohibited. It shall be unlawful for any person to sell, deliver, dispense, give away, possess with intent to deliver, manufacture with intent to deliver, cause to be delivered, give away or display any drug paraphernalia or simulated controlled substance or simulated dugs to minors in or upon any premises. It shall also be unlawful for any person to sell, deliver dispense, give away, possess with intent to deliver, manufacture with intent to deliver, cause to be delivered, give away or display any drug paraphernalia or simulated controlled substance or simulated dugs to persons other than minors.
(b) In addition to any penalty authorized by Section 11-368.7, a violation of the above is hereby declared to be a public nuisance.
(c) Possession prohibited. It shall be unlawful for any person to possess, have under such person’s control, or possess with intent to sell drug paraphernalia or simulated controlled substances or simulated drug all as defined in Section 11-368.1.
(Code 2010)
Any person violating Sections 11-368.2:6) shall be punished by a fine not less than $500 nor greater than two $2,500 and imprisoned not less than two days nor more than one year. In addition, any person under the age of 21 who is convicted of a violation of this Article or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.
The municipal judge shall order any person convicted of a charge alleging a violation of this Article 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 the case. Any diversion agreement for a charge alleging a violation of Section 11-368 shall also contain a provision requiring the defendant to pay such laboratory analysis fees provided that forensic laboratory services are rendered in conjunction with the case.
(Code 2010)
(a) The police power and jurisdiction of the City of Osawatomie is hereby extended to cover all land acquired for levee and flood protection purposes within and without the corporate limits of the City.
(b) It shall be unlawful for any person to drive any vehicle, permit the grazing of livestock, to dig or remove dirt or make any excavation, to plow, furrow, or cause ruts or tracks in or on the ground, to hunt birds, or animals or to discharge firearms, to camp, picnic, to erect signs or billboards, to interfere with or cause destruction to any fence, gate, levee and dike, or to deposit litter of any kind on land acquired by the City for levee and flood protection purposes.
(c) Penalty. Any person found guilty of violating the provisions of this article shall be punishable by a fine of not less than $500 nor more than $1,000.
(Code 2010)
Whenever, in the judgment of the mayor or, in the event of his inability to act, the president of the governing body, it is determined that an emergency exists, as a result of mob action, civil disobedience, or disaster within the corporate limits of the City of Osawatomie, Kansas, causing danger of injury to or damage to persons or property, he shall have the power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:
(a) To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves, and/or their motor vehicles, from the public streets, alleys, public parking lots, parks or other public places; provided however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;
(b) To order the closing of any business establishment anywhere within the city for the period of the emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms;
(c) To designate any public street, thoroughfare or vehicle parking area closed to motor vehicles and pedestrian traffic;
(d) To call upon regular, reserve and auxiliary law enforcement agencies and organizations within the city, including the sheriff’s department under provisions of mutual emergency police protection compact to assist in preserving and keeping the peace within the city. To request assistance from all law enforcement and related agencies outside the city;
(e) That any and all of the regular, reserve and auxiliary law enforcement agencies, organizations and their individual officers shall have the full power and authority to make arrests and to act on behalf of the city in order to enforce the provisions provided for herein and any and all other city ordinances that might be violated as a result of any mob action or other civil disobedience;
(f) That the mayor is hereby authorized to enter into a mutual emergency police protection compact with any and all governing bodies of Miami County, Kansas, and any other duly authorized governing body within the Kansas City standard metropolitan area.
(Code 2010)
The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media, or by posting the proclamation of emergency at three public places within the city limits, or by other means reasonably calculated to inform persons affected.
(Code 2010)
Any emergency proclaimed in accordance with the provisions of this chapter shall terminate after forty-eight hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the governing body.
(Code 2010)
During the time of an emergency proclaimed by the mayor as provided by this chapter, it shall be unlawful for any person to voluntarily enter into, upon or over any property without the consent of the owner or persons in charge thereof. Emergency trespassing on property is a Class A violation.
(Code 2010)
(a) Any person who violates or attempts to violate any of the following ordinances of the City of Osawatomie Public Offense Code, and any amendments thereto, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, sex, religion, national origin, age, ancestry, disability, or handicap of another individual or group of individuals shall be guilty of a public offense:
(1) UPOC Article 3, Offenses Against Persons;
(2) UPOC Article 9, Offenses Against the Public Peace;
(3) UPOC 6.6, Criminal Damage to Property;
(4) UPOC 6.7, Criminal Trespass;
(5) UPOC 10.1, Criminal Use of Weapons.
(b) Any person who, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, sex, religion, national origin, age, ancestry, disability, or handicap of another individual or group of individuals knowingly assemble with four or more persons and agree with such persons to violate any of the criminal laws of the state of Kansas or of the United Sates with force or violence shall be guilty of a public offense. No person may be convicted of subsection (b) of this section unless an overt act in furtherance of the violation of this section is alleged and proved to have been committed by one of the individuals assembled.
(c) Penalty
(1) Upon a first conviction of a violation of the provisions of this section, a person shall be deemed guilty of a Class A Public Offense and shall be punished by a fine of not less than $250 nor more than $2,500 or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
(2) On a second or subsequent conviction of a violation of the provisions of this chapter, a person shall be deemed guilty of a Class A Public Offense and shall be sentenced to imprisonment of not less than five (5) days nor more than one (1) year and a fine of not less than $500 nor more than $2,500.
(Code 2010)
Every person who shall set at liberty or rescue or attempt to set at liberty or rescue any person held in custody or jail for any offense in violation of the ordinances of the City, whether before or after conviction, shall, upon conviction thereof, be fined $500 or be imprisoned not to exceed three (3) months or be both so fined and imprisoned.
(Code 2010)
(a) It shall be unlawful for any person to engage in picketing which is directed, focused or targeted at a residence and which takes place before or about that residence.
(b) A person is engaged in residential picketing if the person, with or without a sign, is posted at, before or about a particular residence.
(c) Nothing in this section shall prohibit the picketing of a residence which is used as a place of business or a place of public assembly.
(d) Any person violating this section may be punished by:
(1) A fine of not more than $499.00;
(2) Imprisonment in jail for not more than 179 days; or
(3) Both such fine and imprisonment not to exceed the limits set out in subsections (d)(1:2).
(Code 2010)
It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop or other building or structure, or any automobile, truck, railroad car or other vehicle without owning the same, or without permission of the owner or person entitled to possession of the same, or sleep in any vacant lot during the hours of darkness. Occupation of vacant structures, vehicles or lots is a Class C offense.
(Code 2010)
(a) Prohibited. It shall be unlawful for any person to willfully or maliciously make, or assist in making, on the streets or on any public or private ground adjacent to or in any building in which a public school shall be in actual session, any noise, disturbance or improper diversion, by which the peace, quietude or good order of such school shall be disturbed.
(b) Unauthorized presence.
(1) It shall be unlawful for any person in any school room where any public school is assembled, or in or about any building which is used for public school purposes or on the grounds or approaches adjacent thereto, to disturb or interrupt the peace, good order or quiet of the school.
(2) It shall be unlawful for any person not in immediate attendance upon the school and being in such building, or upon the premises belonging thereto, while the school is in session, or while the school or premises are being used either for school purposes or activities, to conduct or behave himself improperly, or to interrupt the peace, good order or quietude of such activities.
(c) Notice to leave.
(1) It shall be unlawful for any person, upon the request of a teacher, custodian or security personnel of any public school, or any person in charge thereof, to refuse or neglect to leave the building or premises. It shall further be unlawful to return to the building or premises after having been so notified to leave the premises, without first obtaining a pass from the proper authorities in the school.
(2) It shall be unlawful for any person who has been requested to leave the school property or building by any teacher, custodian, security personnel or person in charge thereof, when such property is posted in such a manner as to reasonably come to the attention of all parties, to reenter the premises without the specific written approval of the school authorities.
(3) A violation of Disturbance of Schools is a Class B offense.
(Code 2010)
As used in this article:
(a) Director - shall mean the Director of Public Safety, or the Director’s designee.
(b) Property or premises - shall mean any lot, parcel, tract, or piece of land, improved or unimproved, in the City, and includes any building or other structure located thereon.
(c) Graffiti - means any writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are scratched, scrawled, painted, drawn, etched or otherwise placed on any structural component of any building, wall, fence, sidewalk, curb or structure or other facility on public or private property, without the consent of the owner, regardless of the nature of the material used in its application.
(d) Owner - shall mean the person or persons with a legal interest in the property according to the real estate records of the County Clerk, Miami County, Kansas.
(e) Public Officer - means an employee designated by the City Manager of the City of Osawatomie, Kansas for enforcement responsibilities pursuant to this code. All other terms and phrases in this Article shall be given their meanings as defined in the General Provisions Article of the Code of the City of Osawatomie, Kansas, (Section 1-102) unless the term and phrase would clearly connote a different meaning.
(Code 2010)
Any person who writes, prints, marks, sprays, scratches, scrawls, paints, draws, etches or otherwise affixes graffiti upon any property, publicly owned or privately owned, without the consent of the property owner shall be guilty of a municipal offense, and upon conviction thereof, shall be punished by a fine of not less than $250 or more than $1,000, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. The municipal court judge shall order defendants convicted of a violation of this section to pay restitution to the property owner in appropriate cases.
(Code 2010)
The existence of graffiti upon any structural component of any building, wall, fence, sidewalk, curb or structure or other facility on public or private property with the City of Osawatomie, Kansas is declared to be a public nuisance and it shall be the duty of the property owner with property defaced by graffiti to remove, abate, or cover such graffiti. In cases where the property owner claims that the graffiti was authorized by the property owner, the public officer shall make findings whether the graffiti is a neighborhood blight and public nuisance, and if such blight and nuisance findings are made, the graffiti shall constitute a public nuisance and it shall be the duty of the property owner to remove, abate, or cover such graffiti. Graffiti shall be subject to abatement and removal by the City as provided by law.
(Code 2010)
Whenever a public officer authorized to enforce this article finds graffiti on any property within the City of Osawatomie, the public officer shall be authorized to cause a Notice to Remove Graffiti to be served upon the owner as provided by this article. Prior to issuance of a Notice to Remove Graffiti, the public officer shall be authorized to make reasonable attempts to notify the owner through direct communication, telephone or other informal means concerning the graffiti and requirements for graffiti removal. Such communications may include information regarding available resources to property owners to assist in the removal of graffiti, including volunteer assistance, community service assistance, paint supplies, and other resources which may be available. The notice shall be in substantially the following form:
A Notice to Remove Graffiti
Date of Notice:
TO: , as owner:
Pursuant to the provisions of 11-379 et seq., you are hereby notified to remove from (description of property), also known as (street address), all graffiti as defined in 11-379 et seq. within fourteen (14) days from the date of this notice.
If all graffiti is not permanently removed from the above described property within fourteen (14) days from the date of this notice, the City will cause it to be removed and the charges for removal shall become a personal obligation and a lien upon your property. If you intend to remove such graffiti yourself, you are required to obtain from the City a certificate stating that the graffiti has been adequately removed; otherwise if the removal is not adequate, the graffiti will be removed and the charges for removal shall become a personal obligation and a lien upon your property. If you object to the removal of the graffiti from your premises, you may appeal to the City Clerk by filing a written notice of appeal in the Office of the City Clerk, City Hall, 439 Main Street, Osawatomie, Kansas. Such written notice must be filed within ten (10) days from the date of this notice. Failure to appeal shall be construed as your acceptance of the determination of the City of Osawatomie and any all remedies provided by the Code of the City of Osawatomie, Kansas. The public officer shall enforce the provisions of this code pursuant to the provisions of the Notice to Remove Graffiti in substantially the manner as presented in the above form.
(Code 2010)
The notice to remove graffiti shall be served upon the owner of the property with graffiti. Such service may be made either by personal delivery or by depositing the notice in the United States mail, postage prepaid, as certified, first class, return receipt requested, addressed to the owner at the last known address. In cases where the owner is unknown or is a non-resident, and there is no resident agent, the notice shall be published by the City in the official City paper. The official date of the notice for published notices shall be the date of publication.
(Code 2010)
Upon receipt of a notice of appeal, the City Clerk shall transmit a copy of the notice of appeal to the City Manager. The Director shall schedule a hearing on the appeal within ten (10) days of the City Clerk’s receipt of the notice of appeal. The Director shall receive all relevant testimony, written communications, and such other relevant evidence concerning the appeal and the Notice to Remove Graffiti. The hearing may be continued from time to time with appropriate notice to the appellant. Upon the conclusion of the hearing, the Director shall make an appropriate Order in the matter of the appeal, including whether a public nuisance as declared by Section 11-381 exists on the subject property. If the Director finds that a public nuisance exists, an Order shall be made concerning how the nuisance is to be removed and shall establish a time, not to exceed fourteen (14) days to remove the nuisance. In the event the owner fails to remove the graffiti determined to be a nuisance pursuant to the Order, the City shall cause the graffiti to be removed and the cost incurred by the City shall be a personal obligation of the owner and a lien upon the property.
(Code 2010)
(a) If any owner, after the notice requirements of 11-382 have been completed, fails to remove the graffiti from such owner’s property within the time stated in the notice, or the Order of the Director, the owner shall be deemed to have consented to such removal by the City. Failure to remove the graffiti shall include the failure to obtain a certificate from the public officer that the graffiti has been removed in an acceptable manner. The public officer of the City, or the officer’s agent, shall be authorized to enter upon property involved and remove the graffiti.
(b) Any property owner who fails to remove graffiti pursuant to the Notice to Remove Graffiti shall be guilty of a municipal offense, and upon conviction thereof, shall be punished by a fine of not less than $250 or more than $1,000, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. The adjudication of the municipal offense shall be supplemental and in addition to the provisions of this code providing for the abatement and the assessment of costs for the removal of graffiti.
(c) The Director, or designee, shall have authority to issue a Notice to Appear for violations of provisions of this code.
(Code 2010)
After the removal of the graffiti from the property by the City or the City’s agent, the public officer shall compute all expenses incurred by the City in the removal, including a $25.00 administrative fee. All expenses shall be charged to and become an indebtedness of the owner of the property where the graffiti was removed. The public officer shall serve a notice of expenses upon the owner of the property where the graffiti was removed. The Notice to Pay Expenses for Graffiti Removal shall be in substantially the following form:
A Notice to Pay Expenses for Graffiti Removal
Date of Notice:
Pursuant to the Code of the City of Osawatomie, Kansas, the City has caused the removal of graffiti on , also known as (street address).
You are hereby notified that the total cost of $ , including a $25.00 administrative fee, is now due and payable to the City of Osawatomie, Kansas. You are further notified that you may demand a hearing within ten (10) days of the date of this notice before the City manager or his or her designee. Such written demand shall be presented to the City Clerk, 439 Main Street, Osawatomie, Kansas, 66044, and shall describe the property involved, the reasons for objecting, and the name, address, and interest of the appellant. If no hearing is demanded, this payment shall become delinquent if not paid within thirty (30) days from the date of this notice. If payment is not received within thirty (30) days, the City Clerk shall certify to the County Clerk the amount due and owing to the City as an assessment against the property, pursuant to applicable laws.
(Code 2010)
If the property owner files with the City Clerk a written objection to the Notice to Pay within ten (10) days of the date of the Notice, the Director shall schedule a hearing on the appeal within ten (10) days of the City Clerk’s receipt of the notice of appeal. The Director shall receive all relevant testimony, written communications, and such other relevant evidence concerning the appeal and the Notice to Pay Expenses for Graffiti Removal. The hearing may be continued from time to time with appropriate notice to the appellant. Upon the conclusion of the hearing, the Director shall make an appropriate Order in the matter of the appeal, including the amount, if any, of the expenses to be due and owing the City for the removal of the graffiti.
(Code 2010)