CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

Window Peeping is hereby declared to be unlawful. Window Peeping is trespassing upon the property owned or occupied by another for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building, or loitering in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of the occupants of any such house, room or building.

(Ord. 677; Code 2012)

(a)   No person in an open space or within a structure, whether on public or private property, shall operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of 150 or more feet from the sound amplification system.

(b)   Definitions.

(1)   “Sound amplification system” means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(2)   “Plainly audible” means any sound produced by a sound amplification system which clearly can be heard at a distance of 150 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included.

(c)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that either of the following apply:

(1)   The system was being operated to request medical or other emergency assistance or to warn of a hazardous condition;

(2)   The system was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Governing Body.

(Code 2012)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   Sound amplification system means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more.  Measurement standards shall be by the auditory senses, based upon direct line of sight.  Words or phrases need not be discernible and bass reverberations are included.  The motor vehicle may be stopped, standing, parked, or moving on a street, highway, alley, parking lot, or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the City of Moundridge or a gas, electric, communications or refuse company;

(4)   The system was used for the giving of instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Moundridge;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(Ord. 734; Code 2012)

(a)   It shall be unlawful for any person to use or operate in any manner roller skates, roller blades, or skateboards upon the sidewalks or streets of the business district of the City, and

(b)   It shall be unlawful for any person to use or operate a bicycle in any manner, other than walking along side, on the sidewalks of the business district of the City, and,

(c)   Any person found to be in violation of this section and cited for said violation shall be fined the sum of five dollars for the first offense, and further, shall be fined the sum of ten dollars for each and every subsequent offence.

(d)   For purposes of this section, “business district” shall be defined as those portions of Christian Avenue and Cole Street, and adjacent sidewalks, located in the central downtown area of the City of Moundridge upon which a 20 mph speed limit has been imposed.

(Ord. 744; Code 2012)

(a)   It is unlawful for any minor under the age of eighteen years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:

(1)   for minors age fifteen and under, between the hours of ten p.m. on any day and six a.m. of the following day;

(2)   for minors age sixteen and seventeen, between the hours of twelve midnight on any day and six a.m. of the following day;

(b)   The provisions of this section shall not apply in the following instances:

(1)   when a minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor;

(2)   when the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of the minor;

(3)   when the minor is returning directly home from a school activity, entertainment, recreational activity or dance;

(4)   when the minor is returning directly home from lawful employment that makes it necessary to        be in the above-referenced places during the prescribed period of time;

(5)   when the minor is on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor’s presence;

(6)   when the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(7)   when the minor is in interstate travel through the city.

(c)   Except in circumstances set out in subsection (b), it shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:

(1)   for minors age fifteen and under, between the hours of ten p.m. on any day and six a.m. of the following day;

(2)   for minors age sixteen and seventeen, between the hours of twelve midnight on any day and           six a.m. of the following day.

(d)   Penalty.

(1)   Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile court law and procedure.  Any police officer finding a minor under the age of eighteen years violating the provisions of this chapter shall warn the child to desist from such violation and immediately return home and shall cause a written notice to be served upon the parent, guardian or person in charge of such child, setting forth the manner in which the provisions of this chapter have been violated.  For the purposes of this section; notice shall be deemed properly served upon such parent, guardian or person in charge of a child if a copy thereof is served upon him or her personally or if a copy thereof is sent by  certified mail, return receipt requested, at his or her last known address; provided further, if the notice cannot be conveniently served by the aforesaid, service of the notice is to be made upon such parent, guardian or person in charge of a child by at least one publication in the official newspaper of the city, such publication to contain the conditions and reasons of the notice.

(2)   Any parent, guardian, or person having the care and custody of a child who shall permit such child to violate the provisions of this chapter after receiving written notice that such child has previously violated such provisions shall be subject to a mandatory, minimum fine of fifty dollars and a maximum fine of five hundred dollars, plus costs, for the first such offense and a mandatory, minimum fine of one hundred dollars and a maximum fine of five hundred dollars plus costs, for a second or subsequent such offense, with a request to the appropriate court that consideration be given to community service for the offending juvenile as an alternative to any set fine.

(Ord. 755; Code 2012)

(a)   The following words and phrases when used in this chapter shall, for the purpose of this chapter have the meanings respectively ascribed to them in this section except when the context otherwise requires:

(1)   LOITERING.  “Loitering: means remaining idle in essentially on location and includes the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression “hanging around”.

(2)   PUBLIC PLACE.  “Public Place” means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public.  It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.

(b)   LOITERING- POLICE ORDER TO DISPERSE.

(1)   It is unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:

(A)  obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;

(B)  commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress therein, thereon and thereto.

(2)   When any person causes or commits any of the conditions enumerated in subsection (A), a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse.  Any person who fails or refuses to obey such orders shall be guilty of a violation of the provisions of this chapter.

(c)   SCHOOLS, SCHOOL BUILDINGS, LIBRARIES - PROHIBITED CONDUCT; VIOLATION DECLARED LOITERING. It is unlawful for any person to disrupt the normal activity, disturb the peace or to remain, to idle, or to loiter at any time on or about the premises or grounds of any public library, of any public or private school or school or school buildings, and/or assembly of students for any school activities or athletic events conducted by such public or private schools.  Any student or any person who is not enrolled in said public or private school, or who has been suspended or dismissed from said public or private school, or who persists in staying or remaining on or about said premises or grounds without any lawful purpose shall be guilty of the offense of loitering.

(d)   BEGGING, ETC. - VIOLATION DECLARED LOITERING. Any person begging or selling inexpensive articles as a beggar, or playing some musical instrument and soliciting funds from the public shall be deemed guilty of loitering.

(Ord. 770; Code 2012)

The City authorizes the following definition of drug paraphernalia and simulated controlled substances:

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

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

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

(3)   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 in analyzing the strength, effectiveness or purity of controlled substances.

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

(6)   Dilutents 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 sitters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marihuana.

(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 marihuana, cocaine, hashish, or hashish oil into the human body, such as:

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

(B)  Water pipes;

(C)  Carburetion tubes and devices;

(D)  Smoking and carburetion masks;

(E)   Roach clips (objects used to hold burning material, such as a marihuana 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)  Icepipes or chillers.

(b)   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.

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

(d)   The City authorizes that the following guidelines be considered in determining whether an object is drug paraphernalia:

(1)   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:

(2)   Statements by an owner or person in control of the object concerning its use.

(3)   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.

(4)   The proximity of the object, in time and space, to a direct violation of the uniform controlled substances act.

(5)   The proximity of the object to controlled substances.

(6)   The existence of any residue of controlled substances on the object.

(7)   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.

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

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

(10) National and local advertising concerning the object's use.

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

(12) 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.

(13) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

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

(15) Expert testimony concerning the object's use.

(Ord. 900)

The City hereby establishes the following offenses and penalties relating to the possession of drug paraphernalia and simulated controlled substances:

(a)   It shall be unlawful for any person to use or possess with intent to use:

(1)   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 substances act (K.S.A. 65-4101 et seq.); or

(2)   Any simulated controlled substance.

(b)   It shall be unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within the city:

(1)   Any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used 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 substances act (K.S.A. 65-4101); or

(2)   Any simulated controlled substance.

(c)   It shall be unlawful for any person to knowingly deliver or cause to be delivered in the City any substance which is not a controlled substance:

(1)   Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or

(2)   Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance, the establishment of anyone of the following factors creating a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:

(A)  The substance was packaged in a manner normally used for the illegal delivery of controlled substances;

(B)  The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance; or

(C)  The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.

(d)   Any person who shall be convicted of violating any provisions of this section shall be punished by a fine not exceeding $2,500, or by confinement in the county jail for a period not exceeding one year, or by both such fine and confinement.

(Ord. 901)

The City hereby establishes the following offenses and penalties relating to the possession of habit-forming and dangerous drugs:

(a)   It shall be unlawful for any person within the City to possess any of the drugs described in subsection (b) hereof, except as hereinafter provided.

(b)   The habit-forming and dangerous drugs subject to the provisions of this section are:

(1)   The salts and derivatives of barbituric acid or compounds, preparations or mixtures thereof, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates.

(2)   Paraldehyde.

(3)   Chloral hydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloral hydrate.

(4)   Amphetamine, its salts and derivatives or compounds, preparation or mixtures thereof, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by use of the mixture,

(5)   Marijuana, opium cannabis, isonipecaine, amidone, isoamidone, ketobemidone, or coca leaves or any compound, salt, derivative or preparation thereof.

(6)   Hallucinogens, including bufotenine, ibogaine, DET (diethyltryptamine), DOM (STP), psilocybin, psilocin, DMT (dimethytryptamine), LSD-25 or LSD (d-lysergic acid diethylamide) and any other derivative of d-lysergic acid producing stimulating or hallucinogenic effects similar to those caused by LSD.

(c)   Sections (a) and (b) above shall not apply to duly licensed doctors of medicine, dentists, veterinarians and pharmacists who may possess such drugs in the proper and legal courses of practice of their professions: provided, that it shall not be unlawful to possess for the purposes of medication, drugs listed in subsection (b) of this section which have been dispensed by a duly licensed doctor of medicine, dentist or veterinarian, or which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, when in the container in which it was delivered to him or her by the person so selling or dispensing the same: provided further, that this section shall not apply to common carriers or warehousemen engaged in the lawful transporting or storing such drugs as are listed in subsection (b) of this section, or to any employee of such common carriers or warehousemen within the scope of his or her employment, or to public officers or employees in the performance of official duties requiring possession or control of such drugs or to persons aiding such officers or employees in the performance of such duties: provided further, that nothing contained in this section shall be construed as prohibiting a hospital licensed by the State Board of Health from keeping such drugs and supplying such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or a dentist.

Violation of this section is a Class A misdemeanor.

(Ord. 902)