August 21, 2014

Legal Notice ord # 2415

ORDINANCE NO. 2415

AN ORDINANCE FIXING CERTAIN STANDARDS OF CONDUCT FOR PERSONS WITHIN THE
CITY OF GARDNER, KANSAS; MAKING VIOLATION OF ANY SUCH STANDARDS A PUBLIC
OFFENSE, SUBJECT TO PENALTY; INCORPORATING BY REFERENCE THE “UNIFORM
PUBLIC OFFENSE CODE FOR KANSAS CITIES: EDITION OF 2012″, AND ALL ACTS
SUPPLEMENTARY AND AMENDATORY THERETO, PREPARED AND PUBLISHED IN
BOOKLET FORM BY THE LEAGUE OF KANSAS MUNICIPALITIES; AND REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, UNDER THE
PROVISIONS OF K.S.A. 12-3009 THROUGH 12-3012 AND K.S.A. 12-3301 AND 12-3302.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:

SECTION ONE. That certain standard code known as the “Uniform Public Offense Code for
Kansas Cities: Edition of 2012″, prepared and published by the League of Kansas Municipalities,
300 Southwest 8th Avenue, Topeka, Kansas 66063, is hereby incorporated by reference herein
and made a part of this ordinance including supplements and amendments, thereto, save and
except such portions as may hereinafter be deleted, added or amended, as authorized and in the
manner prescribed by the Statutes of the State of Kansas.

SECTION TWO. That Chapter 9.05 of the Municipal Code of the City of Gardner, Kansas 2008,
be and the same is hereby amended to read as follows:

CHAPTER 9.05 Uniform Offense Code.

9.05.010 UNIFORM OFFENSE CODE. The certain standard code known as the
“Uniform Public Offense Code for Kansas Cities: Edition of 2012″, prepared and published
by the League of Kansas Municipalities, 300 Southwest 8th Avenue, Topeka, Kansas
66603 is hereby incorporated by reference herein and made a part of this chapter,
including supplements and amendments thereto, save and except such portions as are
hereinafter deleted, added or amended by this chapter. (K.S.A. 12-3009 through 12-3012,
K.S.A. 12-3301, K.S.A. 12-3302)

9.05.020 MARKED COPIES OF STANDARD CODE ON FILE. No fewer than three
copies of the Uniform Code shall be marked or stamped “Official Copy, adopted by
Ordinance No. 2415.” All sections of portions of the filed copies of the standard code shall
be clearly marked to show deletions from the standard code. Any additions shall be
clearly described to show such addition to said standard code and a copy of the ordinance
shall be attached to it and filed with the City Clerk to be open to inspection and available to
the public at all reasonable business hours. The Police Department, Municipal Court
Judge, and all administrative departments of the City charged with the enforcement of the
ordinance shall be supplied, at the cost of the City, such number of official copies of said
standard code, similarly marked, deleted and changed as may be deemed expedient.

9.05.030 AMENDMENTS AND ADDITIONS TO UNIFORM PUBLIC OFFENSE CODE.
The following amendments to the Uniform Public Offense Code are hereby made:

4.6 DEFINITIONS. For the purpose of this article, the definitions provided by K.S.A.
21-3501 of “sexual intercourse”, “sodomy”, “spouse”, and “unlawful sexual act” shall apply
unless a different meaning is plainly required.

6.26 RIDING OR LEADING HORSES, OPERATING UNAUTHORIZED VEHICLES
UPON GARDNER GOLF COURSE. It shall be unlawful for any person to ride or lead a
horse or operate a vehicle other than an electric or gasoline powered golf cart upon the
fairways or other grassy playing areas of Gardner Golf Course.

Nothing in this section shall prohibit the use of mowing devices attached to or integral with
tractors or riding lawn mowers when operated by employees of the City of Gardner or
Gardner Golf Course.

Violation of this section is an unclassified misdemeanor.

10.3.2 UNLAWFUL USE OF A WEAPON. Unlawful use of a weapon is knowingly:

(a) Carrying on one’s person any unconcealed, loaded firearm, while on property
open to the public, except when on one’s land or in one’s abode or fixed
place of business within the city limits of Gardner, Kansas, unless the firearm
is carried in a holster with its safety in place and such weapon remains within
the immediate control of the person at all times.

(b) This section shall not apply to those persons exempted by Section 1 of
Article 10 of the Uniform Public Offense Code incorporated by GMC
9.05.010.

(c) It shall be a defense that the person is a bona fide hunter and the firearm is
not loaded.

Violation of this section is an unclassified misdemeanor.

10.9.1 EXPLOSIVES. It shall be unlawful for any person, firm or corporation to sell,
give away, or otherwise dispose of any detonating explosive without keeping a record as
required by K.S.A. 21-4207; it shall also be unlawful for any person, firm or corporation to
sell, give away or otherwise dispose of any of the explosives named above to any
intoxicated or irresponsible person K.S.A. 21-4209; and when said explosives shall lawfully
be in the possession of any person, firm or corporation they shall not be kept closer to any
inhabited building than provided in K.S.A. 21-4212; and no person having in his
possession any of the explosives mentioned above shall carry same in a wholly or partially
concealed manner on or about his person.

Violation of this section is an unclassified misdemeanor.

10.9.2 STORAGE OF EXPLOSIVES. It shall be unlawful for any person, firm or
corporation to bring into, keep or store within the corporate limits of this City, gunpowder or
blasting powder in quantities of more then seventy-five pounds (75 lbs.) or dynamite in
quantities of more than fifty pounds (50 lbs.).

Violation of this section is an unclassified misdemeanor.

10.9.3 NITROGLYCERIN. It shall be unlawful for any person to transport or convey
through or along the streets or to keep in this City any liquid nitroglycerin.

Violation of this section is an unclassified misdemeanor.

10.27 CONTROLLED SUBSTANCES

(a) Possession of Marijuana; Penalties.

(1) It shall be unlawful for any person to manufacture, possess, have under
such person’s control, administer, deliver, distribute, dispense or
compound marijuana.

(2) As used in this section, “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, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks, oil
or 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 there from, fiber, oil, or cake or the
sterilized seed of the plant which is incapable of germination.

(3) Upon a conviction, plea of no contest or guilty for violation of this
section by a person 18 or more years of age, but less than 21 years of
age, the Municipal Judge shall order such person 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 not to exceed the fee
established by that statute for such evaluation. If the judge finds that
person is indigent, the fee may be waived.

(b) Use or Possession of Controlled Substances, Simulated Controlled
Substances and Drug Paraphernalia; Penalties.

(1) It shall be unlawful for any person to manufacture, possess, have under
such person’s control, administer, deliver, distribute, dispense or
compound any controlled substances, simulated controlled substances,
or drug paraphernalia.

(2) Definitions. As used in this section:

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

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

(C) “Drug paraphernalia” means all equipment, products and materials
of any kind which are used or intended for 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. “Drug
paraphernalia: shall include, but is not limited to:

(.1) 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 substances
can be derived.

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

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

(.4) Testing equipment used or intended for use in identifying or
analyzing the strength, effectiveness or purity of controlled
substances.

(.5) Scales and balances used or intended for use in weighing
or measuring controlled substances.

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

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

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

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

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

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

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

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

(.b) Water Pipes;

(.c) Carburetion Tubes and Devices;

(.d) Smoking and Carburetion Masks;

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

(.f) Miniature Cocaine spoons and Cocaine vials;

(.g) Chamber Pipes;

(.h) Carburetor Pipes;

(.i) Electric Pipes;

(.j) Air-driven Pipes;

(.k) Chillums;

(.l) Bongs; and

(.m) Ice Pipes or Chillers.

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

(E) “Simulated Controlled Substance” means any product which
identifies itself by a common name or slang term associated with a
controlled substance and which indicates on its label or
accompanying promotional material that the product simulates the
effect of a controlled substance.
(F) “Minor” shall mean any person who has not attained eighteen (18)
years of age.

(G) “Premises open to minors” means any business establishment
which sells its wares or merchandise to minors or which permits
minors to enter into its place of business.

(H) “Place of display” means any museum, library, school or other
similar public place upon which business is not transacted for a
profit.

(I) “School” means any public or private elementary, junior high or high
school.

(J) “Close proximity” means within one thousand five hundred (1,500)
feet on a straight line commencing at the property lines nearest to
each other.

(K) “Premises” means a business establishment and the structure of
which it is a part and facilities and appurtenances therein and
grounds, areas and facilities held out for the use of patrons.

(3) 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.

(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.

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

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

(I) National and local advertising concerning the object’s use.

(J) The manner in which the object is displayed for sale.

(K) Whether the owner or person in control of the object is a legitimate
supplier of similar or related items to the community, such as a
distributor or dealer of tobacco products.
(L) Direct or circumstantial evidence of the ratio of sales of the object
or objects to the total sales of the business enterprise.

(M) The existence and scope of legitimate uses for the object in the
community.

(N) Expert testimony concerning the object’s use.

(4) Sales and Display Prohibited.

(A) It shall be unlawful for any person, firm or corporation to sell, offer
to sell, dispense, give away or display any instrument or simulated
controlled substance or simulated drug in or upon any premises
which;

(.1) Are premises open to minors;

(.2) Are places of display; or

(.3) Are in close proximity to a school.

Provided, however, that display of any such items at a place of
display for educational or scientific purposes shall not be unlawful.

(B) A violation of Section 10.27 (3) is declared to be public nuisance
and shall be subject to abatement as provided by law.

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

(A) Any simulated controlled substances; or

(B) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale
or otherwise introduce into the human body a controlled substance
in violation of the Uniform Controlled Substance Act.

(C) Upon a conviction, plea of no contest or guilty for violation of this
section by a person 18 or more years of age, but less than 21 years
of age, the Municipal Judge shall order such person 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 not to
exceed the fee established by that statute for such evaluation. If
the judge finds that person is indigent, the fee may be waived.

Any person who violates this section 10.27, shall, unless otherwise stated, be guilty of a Class A
Public Offense.

10.30 DISCHARGE OF FIREWORKS PROHIBITED; EXCEPTIONS. It shall be
unlawful for any person to discharge or fire any fireworks or firearms of any kind within this
City, including firecrackers, cap pistols, canes, skyrockets, Roman candles, blank
cartridges, torpedoes, spit devils or any other explosives: Provided, that nothing in this
section shall be construed as prohibiting the Governing Body of this City from granting
permission to responsible persons, firms or corporations to give pyrotechnical displays in
said City in places to be determined by said Governing Body and; to the discharge of
firearms by officers of the law, when necessary in the discharge of their official duties, nor
to the discharge of firearms in any licensed shooting gallery in this City.

Violation of this section is an unclassified misdemeanor.

10.31 FIREWORKS; SALE. It shall be unlawful for any person, firm or corporation to
sell or offer for sale within the City limits of this City any fireworks or articles that can be
used in pyrotechnical displays, including Roman candles, blank cartridges, torpedoes, spit
devils, firecrackers, cap pistols, canes, skyrockets, or any other explosives; provided, that
this section shall not be construed to prohibit the sale of fireworks to persons holding
permits from the Governing Body to give pyrotechnical displays.

Violation of this section is an unclassified misdemeanor.

11.20 PROHIBITION OF SEX BOOKSTORES, COIN-OPERATED MOTION PICTURE
DEVICES SHOWING SEX MOVIES AND EATING OR DRINKING ESTABLISHMENTS
FEATURING NUDE DANCERS OR SIMILAR ENTERTAINMENT.

(a) Purpose and Intent. It is declared to be the purpose and intent of this
section to protect the public health, safety, welfare and morals of the
community to promote the stability of property values and impose
restrictions upon those activities which pander to gross sexuality in a
manner that would detract from the neighborhood, adversely affect the
property values, increase crime and violence, and be repugnant to the
morals of the community. In recognition of the protections afforded to the
citizens under the First and Fourteenth Amendments, it is not the intent of
this section to inhibit freedom of speech or the press, but rather to deter
those of low morals from imposing their lack of morals upon the rest of the
community; and further recognizing that those parts of a community, which
become centers of loose moral conduct, frequently become places or
rowdiness, criminality and indecent behavior. It is further the belief that just
as advertising is designed to stimulate one’s appetite for desiring goods or
a service, an over-abundance of preoccupation with sexual displays or
material arouses the appetites of those so preoccupied and encourages

violations of the criminal statutes involving sexual offenses and is contrary
to the health, safety and welfare of the community.

(b) Definitions.

(1) For the purpose of this section, “specified sexual activities” is defined
as:

(A) Human genitals in a state of sexual stimulation or arousal;

(B) Acts of human masturbation, sexual intercourse or sodomy.

(C) Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.

(2) For the purposes of this section, “specified anatomical areas”, is
defined as:

(A) Less than completely and opaquely covered:

(.1) Human genitals, pubic region,

(.2) Buttock, and

(.3) Female breast below a point immediately above the top of
the areola; and

(B) Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.

(3) For the purpose of this section, “eating or drinking establishments” are
defined as: any premises which may be open to the general public in
which any food as defined by K.S.A. 36-501 or any beverage is sold,
distributed or consumed or any premises operated for profit by a
corporation, partnership or individual, to which members of such
establishment may resort for the consumption of food or any beverage
and/or for entertainment.

(4) Book sales. No person firm or corporation shall establish any
bookstore or book department of a store in which a substantial or
significant portion of its stock in trade is in books, magazines and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to “specified sexual activities”
or “specified anatomical areas.”

(5) Mini-motion picture displays – No person, firm or corporation shall show,
present or offer for viewing, for money consideration, movie or video
films or pictures or other materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified

sexual activities” or “specified anatomical areas” as herein defined, for
observation by patrons therein.

(6) Eating or drinking establishments. No person, firm or corporation shall
feature or permit dancers or any other employee or persons to be
engaged in specified sexual activities or to expose to view or display
specified anatomical areas.

(7) Any person, firm or corporation violating any provision of this section
shall be guilty of a Class A Public Offense; and a separate offense shall
be deemed committed on each day during or on which a violation
occurs or continues.”

9.05.040. DELETIONS FROM THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS
CITIES. The following deletion from the Uniform Public Offense Code for Kansas Cities is
hereby made:

Section 10.13 is deleted in its entirety.

9.05.050. INVALIDITY IN PART. If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid by any court of competent jurisdiction
such decision shall not affect the validity of the remaining portions of this chapter.

9.05.060 VIOLATIONS AND PENALTIES. That any person firm or corporation who
shall violate any of the provisions of this chapter, shall, upon conviction thereof, be fined or
imprisoned as provided in Article 12 of said standard code incorporated herein by
reference.

9.05.070 CONFLICTING ORDINANCES. Where this chapter conflicts with any other
state or federal ordinance, statute or regulation, the most restrictive ordinance, statute or
regulation shall apply. All local ordinances, or parts of local ordinance, in conflict herewith
be and the same are hereby repealed.

SECTION THREE: EFFECTIVE DATE. This ordinance shall take effect and be in force from and
after its publication as provided by law.

PASSED by the City Council this 5th day of November, 2012.

SIGNED by the Mayor this 5th day of November, 2012.

CITY OF GARDNER, KANSAS

(SEAL)

/s/ David C. Drovetta

Mayor

Attest:

/s/ Doreen K. Pesek

City Clerk

Comments

  1. Jerry L Kellogg Sr says:

    Re: CHAPTER 9.05 Uniform Offense Code of the Municipal Code of the City of Gardner:

    Former Kansas State Senator Tim Owens of Overland Park, for one, is concerned about the “wild west” image evoked by people walking the streets with holstered weapons visible on their hips. “I just don’t get how people arrived at that mindset,” he said.

    “They are not out to be cowboys,” said Patricia Stoneking, president of the Kansas State Rifle Association.

    http://joco913.com/news/armed-and-not-dangerous/

    Sorry, but I, for one, am not comforted by their “words of wisdom.”

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