Chapter 54 CRIMINAL CODE
Article I. In General
Sec. 54-1. Definitions.
Sec. 54-2. Violation of chapter; penalty.
Sec. 54-3. Liability for crimes of another.
Sec. 54-4. Entrapment.
Sec. 54-5. Hauling on Kansas Avenue restricted.
Sec. 54-6. Charging or receiving gifts for certain practices;
exemptions.
Sec. 54-7. Ticket scalping.
Secs. 54-8--54-35. Reserved.
Article II. Offenses Against Property
Sec. 54-36. Theft.
Sec. 54-37. Theft of services.
Sec. 54-38. Shoplifting.
Sec. 54-39. Criminal trespass.
Sec. 54-40. Trespassing on railroad property.
Sec. 54-41. Changing price tags.
Sec. 54-42. Alteration of serial numbers.
Sec. 54-43. Defacement of property by graffiti.
Secs. 54-44--54-70. Reserved.
Article III. Offenses Affecting Governmental Functions
Sec. 54-71. Lawful police order.
Sec. 54-72. False impersonation.
Sec. 54-73. Interference with city officers and employees.
Sec. 54-74. Interfering with and abusing police or arson dogs.
Secs. 54-75--54-87. Reserved.
Article IV. Offenses Against Public Safety
Division 1. Generally
Secs. 54-88--54-100. Reserved.
Division 2. Weapons
Sec. 54-101. Carrying of deadly weapons.
Sec. 54-102. Discharging of firearms.
Sec. 54-103. Drawing a weapon upon another.
Sec. 54-104. Replica or facsimile firearms.
Sec. 54-105. Furnishing weapons to minors.
Sec. 54-106. Unlawful use of stun guns, tear gas, mace.
Secs. 54-107--54-120. Reserved.
Article V. Offenses Against Public Peace and Order
Division 1. Generally
Sec. 54-121. Disorderly conduct.
Sec. 54-122. Loitering for purpose of illegally using, possessing
or selling controlled substance.
Sec. 54-123. Throwing of missiles.
Sec. 54-124. Interference with lawful occupation.
Sec. 54-125. Obstruction of public ways.
Sec. 54-126. Residential picketing.
Sec. 54-127. Jostling, crowding.
Sec. 54-128. Lurking; prowling.
Sec. 54-129. Window peeping; loitering.
Sec. 54-130. Occupation of vacant structures, vehicles or lots.
Sec. 54-131. Disturbance of schools.
Sec. 54-132. Criminal nuisances.
Sec. 54-133. Soliciting acts of prostitution or sodomy.
Sec. 54-134. Expectorating, urinating, defecating.
Sec. 54-135. Picketing of religious events.
Secs. 54-136--54-145. Reserved.
Division 2. Noise
Sec. 54-146. Findings.
Sec. 54-147. Standards.
Sec. 54-148. Prohibition generally.
Sec. 54-149. Horns and signaling devices.
Sec. 54-150. Radios, phonographs, etc.
Sec. 54-151. Reserved.
Sec. 54-152. Loudspeakers, amplifiers for advertising.
Sec. 54-153. Steam whistles.
Sec. 54-154. Exhausts.
Sec. 54-155. Defect in vehicle or load.
Sec. 54-156. Metal rails, pillars and columns; transportation
thereof.
Sec. 54-157. Loading or unloading vehicle; opening or destruction
of boxes.
Sec. 54-158. Yelling, shouting, etc.
Sec. 54-159. Hawkers, peddlers.
Sec. 54-160. Musical instruments.
Sec. 54-161. Construction or repairing of buildings.
Sec. 54-162. Pile drivers, hammers and derricks.
Sec. 54-163. Blowers and internal combustion engines.
Sec. 54-164. In proximity to schools, courts, churches,
hospitals.
Sec. 54-165. Keeping of animals.
Secs. 54-166--54-190. Reserved.
Article VI. Possession and Use of Certain Types of Ammunition
Sec. 54-191. Definitions.
Sec. 54-192. Unlawful.
Sec. 54-193. Penalty.
ARTICLE I. IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Act includes a failure or omission to take action.
Another means a person other than the person whose act is
claimed to be criminal.
Conduct means an act or series of acts, and the accompanying
mental state.
Conviction includes a judgment of guilt entered upon a plea
of guilty.
Deception means knowingly and willfully making a false
statement or representation, express or implied, pertaining to a
present or past existing fact.
Deprive permanently means to:
(1) Take from the owner the possession,
use or benefit of
his property, without an intent to restore
such
property;
(2) Retain property without intent to
restore such property
or with intent to restore such property to
the owner
only if the owner purchases or leases it back,
or pays
a reward or other compensation for its return;
or
(3) Sell, give, pledge or otherwise dispose
of any interest
in property or subject it to the claim of
a person
other than the owner.
Dwelling means a building or portion thereof, a tent, a
vehicle, or other enclosed space which is used or intended for
use as a human habitation, home or residence.
Forcible felony means and includes any treason, murder,
voluntary manslaughter, rape, robbery, burglary, arson,
kidnapping, aggravated battery, aggravated sodomy and any other
felony which involves the use or threat of physical force or
violence against any person.
Intent to defraud means an intention to deceive another
person, and to induce such other person, in reliance upon such
deception, to assume, create, transfer, alter or terminate a
right, obligation or power with reference to property.
Law enforcement officer means any person who by virtue of
such person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for crimes,
whether that duty extends to all crimes or is limited to specific
crimes, or any officer of the state department of corrections.
Obtain means to bring about a transfer of interest in or
possession of property, whether to the offender or to another.
Obtains or exerts control over property includes, but is not
limited to, the taking, carrying away, or the sale, conveyance or
transfer of title to, interest in, or possession of property.
Owner means a person who has any interest in property.
Personal property means goods, chattels, effects, evidences
of rights in action, and all written instruments by which any
pecuniary obligation, or any right or title to property, real or
personal, shall be created, acknowledged, assigned, transferred,
increased, defeated, discharged or dismissed.
Property means anything of value, tangible or intangible,
real or personal.
Prosecution means all legal proceedings by which a person's
liability for a crime is determined.
Public employee means a person employed by or acting for the
state or by or for a county, municipality or other subdivision or
governmental instrumentality of the state for the purpose of
exercising their respective powers and performing their
respective duties, and who is not a public officer.
Public officer means and includes the following, whether
elected or appointed:
(1) An executive or administrative officer
of the state, or
a county, municipality or other subdivision
or
governmental instrumentality of or within
the state;
(2) A member of the legislature or of
a governing board of
a county, municipality, or other subdivision
of or
within the state;
(3) A judicial officer, which shall include
a judge of the
district court, juror, master or any other
person
appointed by a judge or court to hear or determine
a
cause or controversy;
(4) A hearing officer, which shall include
any person
authorized by law or private agreement to
hear or
determine a cause or controversy and who is
not a
judicial officer;
(5) A law enforcement officer; and
(6) Any other person exercising the functions
of a public
officer under color of right.
Real property or real estate means every estate, interest
and right in lands, tenements and hereditaments.
Solicit or solicitation means to command, authorize, urge,
incite, request or advise another to commit a crime.
Stolen property means property over which control has been
obtained by theft.
Threat means a communicated intent to inflict physical or
other harm on any person or on property.
Written instrument means any paper, document or other
instrument containing written or printed matter, or the
equivalent thereof, used for purposes of reciting, embodying,
conveying or recording information, and any money, token, stamp,
seal, badge, trademark or other evidence or symbol of value,
right, privilege or identification which is capable of being used
to the advantage or disadvantage of some person.
(Code 1981, § 15-2)
Cross reference(s)--Definitions generally, § 1-2.
State law reference(s)--Similar provisions, K.S.A. 21-3110.
Sec. 54-2. Violation of chapter; penalty.
The doing of any of the acts or things defined, made unlawful
or a misdemeanor, or the failing to do any of the things
commanded to be done, as specified and set forth in this chapter,
in the city, is hereby declared to be an offense against the good
order, public peace, morals, health, proper government and
welfare of the city and unlawful. Any person found guilty of
violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor and punished as provided in section 1-7.
(Code 1981, § 15-1)
Sec. 54-3. Liability for crimes of another.
(a) A person is criminally responsible for a crime committed
by another if such person intentionally aids, abets, advises,
hires, counsels or procures the other to commit the crime.
(b) A person liable under subsection (a) is also liable for
any other crime committed in pursuance of the intended crime if
reasonably foreseeable by such person as a probable consequence
of committing or attempting to commit the crime intended.
(c) A person liable under this section may be charged with
and convicted of the crime although the person alleged to have
directly committed the act constituting the crime lacked criminal
capacity or has not been convicted or has been acquitted or has
been convicted or some other degree of the crime or of some other
crime based on the same act.
(Code 1981, § 15-3)
State law reference(s)--Similar provisions, K.S.A. 21-3205.
Sec. 54-4. Entrapment.
A person is not guilty of a crime if the person's criminal
conduct was induced or solicited by a public officer or the
officer's agent for the purposes of obtaining evidence to
prosecute such person, unless:
(1) The public officer or the officer's
agent merely
afforded an opportunity or facility for committing
the
crime in furtherance of a criminal purpose
originated
by such person or a coconspirator; or
(2) The crime was of a type which is
likely to occur and
recur in the course of such person's business,
and the
public officer or the officer's agent in doing
the
inducing or soliciting did not mislead such
person into
believing the person's conduct to be lawful.
(Code 1981, § 15-4)
State law reference(s)--Similar provisions, K.S.A. 21-3210.
Sec. 54-5. Hauling on Kansas Avenue restricted.
No stable manure, offal, house refuse, garbage, night soil
or dead animals shall be hauled along Kansas Avenue except over
the Kansas Avenue Memorial Bridge.
(Code 1981, § 20-202)
Cross reference(s)--Animals, ch. 18; septic tank cleaners, §
30-261 et seq.; transportation of dead animals and packinghouse refuse,
§ 78-361 et seq.; solid waste, ch. 122; septic tank truck
operators, § 146-326 et seq.
Sec. 54-6. Charging or receiving gifts for certain practices;
exemptions.
(a) Prohibition. It shall be unlawful for any person to make
any direct or indirect charge, or receive any gift, donation or
subscription by any means whatsoever, for or in connection with
the carrying on, practicing or professing to practice the
business or art of astrology, palmistry, phrenology,
fortunetelling, cartomancy, clairvoyance, clairaudience, crystal
gazing, mediumship, prophecy, augury, seership, necromancy or
other similar practice. The provisions of this section shall not
apply to:
(1) The sale of books or other literature
relating to the
practices enumerated in this section; or
(2) The teaching of the practices enumerated
in this
section.
(b) Exemptions.
(1) Religious practices. The terms of
this section shall
not apply to any person who performs any religious
or
spiritual function, or a priest, minister,
rector or
any accredited representative of a church
or religion
where such priest, minister, rector or accredited
representative holds a certificate of credit,
commission or ordination under the ecclesiastical laws of a
religious corporation, incorporated under the laws of any state
or territory of the United States, or any voluntary religious
organization, and who fully conforms to the rights and practices
prescribed by the supreme conference, convocation, convention,
assembly, association or synod of the system or faith with which
such person is affiliated; provided, however, that any church or
religious organization which is organized for the primary purpose
of conferring certificates of commission, credit or ordination
for a price, and not primarily for the purpose of teaching or
practicing a religious doctrine or belief, shall not be deemed to
be a church or religious organization for purposes of this
subsection.
(2) Theatrical performances. The terms
of this section
shall not apply to any theatrical performance
when the
astrologer, palmist, clairvoyant, fortuneteller,
mind
reader or phrenologist is used for entertainment
purposes only, and the regular admission is
charged
therefor.
(Code 1981, § 18.5-2)
Sec. 54-7. Ticket scalping.
(a) It shall be unlawful for any person to sell or resell in
the city or at Heartland Park Topeka any ticket or other evidence
of right of entry to any public amusement event or sporting event
at a price more than the maximum price printed on the face of
such ticket or other evidence of the right of entry.
(b) Within the meaning of this section, a public amusement
event shall be deemed to include any event designed, performed or
conducted in the city or at Heartland Park Topeka for the purpose of
public amusement, entertainment, exhibition, contest or
performance.
(c) Any person violating any provision of this section shall
be prosecuted in municipal court.
(Ord. No. 16799, § 1, 2-14-95)
Secs. 54-8--54-35. Reserved.
ARTICLE II. OFFENSES AGAINST PROPERTY*
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*State law reference(s)--Crimes against property, K.S.A. 21-
3701 et seq.
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Sec. 54-36. Theft.
It shall be unlawful for any person willfully to take
possession of the property of another with the intent to
permanently deprive the owner thereof of the use or benefit of
such property.
(Code 1981, § 15-20; Ord. No. 16699, § 1, 4-26-94)
State law reference(s)--Theft, K.S.A. 21-372.
Sec. 54-37. Theft of services.
(a) Theft of services is obtaining services from another by
deception, threat, coercion, stealth, tampering or use of false
token or device.
(1) "Services" within the meaning of
this section includes,
but is not limited to, labor, professional
service,
cable television service, public or municipal
utility
or transportation service, telephone service,
entertainment and the supplying of equipment
for use.
(2) "Tampering" within the meaning of
this section
includes, but is not limited to:
a. Making a connection of any wire,
conduit or device
to any service or transmission line owned
by a
public or municipal utility, or by a cable
television service provider;
b. Defacing, puncturing, removing,
reversing or
altering any meter or any connections for
the
purpose of securing unauthorized or unmeasured
electricity, natural gas, telephone service
or
cable television service;
c. Preventing any such meters from
properly measuring
or registering;
d. Knowingly taking, receiving,
using or converting
to such person's own use, or the use of another,
any electricity or natural gas which has not
been
measured; or any telephone or cable television
service which has not been authorized; or
e. Causing, procuring, permitting,
aiding or abetting
any person to do any of the preceding acts.
(b) In any prosecution under this section, the existence of
any of the connections of meters, alterations or use of
unauthorized or unmeasured electricity, natural gas, telephone
service or cable television service, specified in subsection
(a)(2), shall be prima facie evidence of intent to violate the
provisions of this section by the persons using or receiving the
direct benefits from the use of the electricity, natural gas,
telephone service or cable television service passing through
such connections or meters, or using the electricity, natural
gas, telephone service or cable television service which has not
been authorized or measured.
(c) Theft of services is a misdemeanor.
(Code 1981, § 15-20.5; Ord. No. 16699, § 2, 4-26-94)
State law reference(s)--Similar provisions, K.S.A. 21-3704.
Sec. 54-38. Shoplifting.
(a) Any person who shall willfully take possession of any
goods, wares or merchandise offered for sale by any store or
other mercantile establishment with the intention of converting
the same to such person's own use without paying the purchase
price thereof, shall be guilty of the offense of shoplifting.
(b) Concealment from view of any goods, wares or
merchandise, on the person or otherwise under the control of that
person, shall be deemed prima facie evidence of shoplifting.
(Code 1981, § 15-21; Ord. No. 16699, § 3, 4-26-94)
Sec. 54-39. Criminal trespass.
(a) Criminal trespass is:
(1) Entering or remaining upon or in
any land, structure,
vehicle, aircraft or watercraft by a person
who knows
such person is not authorized or privileged
to do so,
and:
a. Such person enters or remains
therein in defiance
of an order not to enter or to leave such
premises
or property personally communicated to such
person
by the owner thereof or other authorized person;
b. Such property or premises are
posted in a manner
reasonably likely to come to the attention
of
intruders, or are locked or fenced or otherwise
enclosed, or shut or secured against passage
or
entry;
c. Such person enters or remains
therein in defiance
of a restraining order issued pursuant to
K.S.A.
60-1607, 60-3105, 60-3106 or 60-3107, or K.S.A.
38-1542, 38-1543 or 38-1563, and amendments
thereto, and the restraining order has been
personally served upon the person so restrained;
or
(2) Entering or remaining upon or in
any public or private land or structure in a manner that interferes with
access to or from any health care facility
by a person
who knows such person is not authorized or
privileged
to do so and such person enters or remains
thereon or
therein in defiance of an order not to enter
or to
leave such land or structure personally communicated
to
such person by the owner of the health care
facility or
other authorized person.
(b) As used in this section:
Health care facility means any licensed medical care
facility, certificated health maintenance organization, licensed
mental health center or mental health clinic, licensed
psychiatric hospital, or other facility or office where services
of a health care provider are provided directly to patients.
Health care provider means any person:
(1) Licensed to practice a branch of the healing arts;
(2) Licensed to practice psychology;
(3) Licensed to practice professional or practical nursing;
(4) Licensed to practice dentistry;
(5) Licensed to practice optometry;
(6) Licensed to practice pharmacy;
(7) Registered to practice podiatry;
(8) Licensed as a social worker; or
(9) Registered to practice physical therapy.
(c) Criminal trespass is a misdemeanor.
(Code 1981, § 15-26)
State law reference(s)--Similar provisions, K.S.A. 21-3721.
Sec. 54-40. Trespassing on railroad property.
(a) It shall be unlawful for any person not authorized by
law or an employee of a railroad company, within the corporate
limits of the city, to jump, climb or ride upon any railroad
train or car standing or moving upon the main or side tracks of
such railroad company, or to habitually or unnecessarily lounge,
loaf or remain in or upon the grounds, buildings, cars or
conveyances of such railroad company.
(b) It shall be unlawful for any person to enter or trespass
upon any portion of any railway bridge or its approaches over and
across the Kansas River within the city, except the portion
thereof which may have been set apart for the use of foot
passengers.
(Code 1981, § 46-126)
Sec. 54-41. Changing price tags.
Any person who shall willfully change the price tag on any goods,
wares or merchandise offered for sale by any store or
other mercantile establishment shall be guilty of an offense.
(Code 1981, § 15-22; Ord. No. 16699, § 4, 4-26-94)
Sec. 54-42. Alteration of serial numbers.
(a) No person shall change, cover, alter, remove, obliterate
or deface the serial number or other manufacturer's numbers or
identification letters, words or numbers of any of the following
machines, apparatuses or manufactured articles with the intent to
conceal, destroy or misrepresent the identity or type of
ownership of the following machines, apparatuses or articles:
(1) TV's, radios, phonographs, tape recorders
or tape
players, typewriters, adding machines and
other office
machines;
(2) Handguns, rifles and shotguns;
(3) Musical instruments such as clarinets,
saxophones,
trumpets and flutes;
(4) Power equipment, including lawnmowers,
tree saws, power
drills, saws, sanders and buffers, but not
excluding
any mechanical equipment sold;
(5) Gasoline engines, such as outboard
motor engines and
other engines, including automobile engines
and
transmissions;
(6) Home appliances, such as vacuum cleaners,
sewing
machines and electric mixers;
(7) Photographic equipment, such as cameras,
motion picture
projectors and slide projectors;
(8) Binoculars; and
(9) Any machines, apparatuses or articles
that carry a
manufacturer's serial number, including such
articles
as boats, boat motors and camping trailers,
but not
excluding any other articles that bear manufacturer's
serial numbers.
(b) No person shall knowingly buy, sell, receive, barter,
trade, dispose of or have in his possession any of the aforenamed
manufacturer's articles, devices, apparatuses or machines from
which the manufacturer's number or identification mark, or the
name of the manufacturer, or maker, or model, or any other
identification letters, words or numbers have been changed,
covered, altered, removed, obliterated, defaced or destroyed.
(c) Possession of any of the aforenamed manufacturer's
articles, devices, apparatuses or machines from which the
manufacturer's serial number or other manufacturer's number or
identification mark, or the name of the manufacturer, or make, or
model, or any other identification letters, words or numbers have
been changed, covered, altered, removed, obliterated, defaced or
destroyed shall be prima facie evidence that the possessor has
changed, covered, altered, removed, obliterated, defaced or
destroyed the same with the intent to cancel, destroy or
misrepresent the identity, type or ownership of such machine,
apparatus or article.
(Code 1981, § 15-24)
Sec. 54-43. Defacement of property by graffiti.
(a) Defacement or damage of property by graffiti. It shall
be unlawful for any person to write, spray, scratch or otherwise
affix graffiti upon any property, public or private, in which
another has an interest and without the consent of such other
person. A person found in violation of this section shall be
punished by a fine not to exceed $499.00, or by imprisonment for
not more than 179 days, or by both such fine and imprisonment. In
addition to such penalty the court may order the convicted person
to perform the necessary labor to clean up, repair or replace the
property damaged by that person, or to pay any costs incurred by
the owner related to the clean up, repair or replacement of
property damaged by that person.
(b) Graffiti declared public nuisance, owner/occupant's duty
to remove. The existence of graffiti upon any building, residence
or other structure or property within the city is expressly
declared to be a public nuisance subject to the provisions of
section 66-26 et seq. of the Code of the City of Topeka and it
shall be the duty of the owner and/or occupant of any building,
residence or other structure or property that has been defaced by
graffiti to clean up or otherwise cover such graffiti, or to
contact the city department of community and economic development
for assistance with the abatement of the graffiti in accordance
with administrative procedures, graffiti procedures, attachment I
adopted and incorporated herein by reference. Failure to do so
within ten days of the violation notice provided by section 66-26
et seq. of the Code shall mean that such graffiti shall be
subject to abatement by the city as hereinafter provided by
section 66-26 et seq. of the Code.
(c) Definitions. Except as otherwise required by the
context, as used in this section, the following words and terms
shall have the meanings ascribed to them as follows:
(1) Person means any individual, individuals,
corporation,
partnership, unincorporated association, other
business
organization, committee, board, trustee, receiver,
agent or other representative who has charge,
care,
control or responsibility for maintenance
of any
premises, regardless of status as owner, renter,
tenant
or lessee, whether or not in possession.
(2) Graffiti means any unauthorized writing,
inscription,
word, figure or design which is marked, etched,
scratched, drawn or painted on any structural
component
of any building, structure or other facility,
regardless of the nature of the material used
in its
application or upon which it is applied.
(Ord. No. 16819, § 1, 4-4-95)
Secs. 54-44--54-70. Reserved.
ARTICLE III. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS*
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*State law reference(s)--Crimes affecting governmental
functions, K.S.A. 21-3801 et seq.
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Sec. 54-71. Lawful police order.
It shall be unlawful for any person to willfully fail or
refuse to comply with any lawful order or direction of any police
officer or other peace officer in the discharge of his duties
within the corporate limits of the city.
(Code 1981, § 15-42)
Cross reference(s)--Interferring with or abusing police
dogs, § 54-74; law enforcement, ch. 90.
Sec. 54-72. False impersonation.
(a) It shall be unlawful for any person to knowingly or
unknowingly falsely represent himself to be a public officer or
employee.
(b) It shall be unlawful for any person who is not
authorized to do so, to wear the official uniform, badge or
insignia of any department, or any uniform to which is attached
any buttons, badges or insignia which would or could lead the
public to believe such person to be a member of such department;
nor to in any other manner represent himself to be in the service
of such department.
(Code 1981, § 15-43; Ord. No. 16714, § 1, 5-24-94)
State law reference(s)--False impersonation, K.S.A. 21-3824.
Sec. 54-73. Interference with city officers and employees.
It shall be unlawful for any person to knowingly or
unknowingly interfere with any city officer or employee in the
performance of duty for the city.
(Code 1981, § 15-44; Ord. No. 16714, § 1, 5-24-94)
Sec. 54-74. Interfering with and abusing police or arson dogs.
It shall be unlawful for any person to willfully or
maliciously torture, torment, beat, kick, strike, mutilate,
injure, disable or kill any dog used by the police or fire
department in the performance of the functions or duties of such
department, or to interfere with or meddle with any such dog
while being used by the department or any officer or member
thereof in the performance of any of the duties or functions of
the department or of such officer or member.
(Code 1981, § 15-23; Ord. No. 17176, § 1, 9-23-97)
Cross reference(s)--Animals, ch. 18; failure to obey lawful
police order, § 54-71; law enforcement, ch. 90.
Secs. 54-75--54-87. Reserved.
ARTICLE IV. OFFENSES
AGAINST PUBLIC SAFETY*
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*State law reference(s)--Crimes against the public safety,
K.S.A. 21-4201 et seq.
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DIVISION 1. GENERALLY
Secs. 54-88--54-100. Reserved.
DIVISION 2. WEAPONS
Sec. 54-101. Carrying of deadly weapons.
(a) It shall be unlawful for any person who is not an
officer of the law, or a deputy to such officer:
(1) To be found within the city limits
carrying upon his
person a concealed deadly weapon. A deadly
weapon
includes, by way of illustration, but not
limitation:
pistols, knives, not including an ordinary
pocket knife
with a blade not more than four inches in
length,
dirks, slingshots, knucks or replicas;
(2) To carry on his person or have within
the immediate
control of his person on or about public property
or a
public place within the city limits, any loaded
firearm
or automatic firearm with the magazine loaded,
detached
or attached, which when used is likely to
cause death
or great bodily harm; or
(3) To allow a minor, either through
negligence of the
owner or an intentional act by the owner,
to have
access to or gain possession of a firearm,
loaded or
unloaded except as provided in K.S.A. 32-920.
This
subsection shall not apply if the minor obtains
the
firearm as a result of unlawful entry by any
person.
(b) This section shall not apply to those persons exempt
under the provisions of K.S.A. 21-4201 or amendments thereto, or
to those persons licensed under the provisions of chapter 30,
article XI.
(c) For any violation of this section, the municipal judge
shall, upon conviction, order any such weapons to be confiscated
and the weapon shall, whenever it is no longer needed for
evidentiary purposes in the discretion of the trial court, be
destroyed. Unless otherwise provided by law, all other property
shall be disposed of in such manner as the court in its sound
discretion may direct.
(Code 1981, § 15-91; Ord. No. 16664, § 1, 12-2-93; Ord. No.
16707, § 1, 5-10-94)
State law reference(s)--Unlawful use of weapons, K.S.A. 21-
4201.
Sec. 54-102. Discharging of firearms.
It shall be unlawful for any person, other than a peace
officer in the performance of duty, to discharge any cannon, gun,
pistol, rifle or other firearm, or to discharge or use any air
gun, spring gun or slingshot within the corporate limits of this
city.
(Code 1981, § 15-92)
State law reference(s)--Unlawful discharge of firearm, K.S.A. 21-4217.
Sec. 54-103. Drawing a weapon upon another.
(a) It shall be unlawful for any person, not a peace officer
in the execution of duty, to draw a pistol, revolver, knife or
any other deadly weapon upon another person.
(b) The provisions of subsection (a) do not apply to:
(1) Law enforcement officers, or any
person summoned by any
such officers to assist in making arrests
or preserving
the peace while actually engaged in assisting
such
officer;
(2) Wardens, superintendents, directors,
security personnel
and keepers of prisons, penitentiaries, jails
and other
institutions for the detention of persons
accused or
convicted of crime, while acting within the
scope of
their authority;
(3) Members of the armed services or
reserve forces of the
United States or the state national guard
while in the
performance of their official duty; or
(4) A person engaged in defense of his
person against an
aggressor when and to the extent it appears
to him and
he reasonably believes that such conduct is
necessary
to defend himself or another against such
aggressor's
imminent use of unlawful force, or in defense
of his
dwelling when and to the extent that it appears
to him
and he reasonably believes that such conduct
is
necessary to prevent or terminate such other's
unlawful
entry into or attack upon his dwelling. The
preceding
exceptions in this subsection (b)(4) are not
available
to a person who:
a. Is attempting to commit, is
committing, or is
escaping from the commission of, a forcible
felony;
b. Initially provokes the use of
force against
himself or another, with intent to use such
force
as an excuse to inflict bodily harm upon the
assailant; or
c. Otherwise initially provokes
the use of force
against himself or another, unless:
1. The person has reasonable grounds to believe
that he is in
imminent danger of death or
great bodily
harm, and he has exhausted every
reasonable means
to escape such danger other
than the use
of force which is likely to
cause death
or great bodily harm to the
assailant; or
2. In good faith, the person withdraws from
physical contact
with the assailant and
indicates clearly
to the assailant that he
desires to withdraw
and terminate the use of
force, but the
assailant continues or resumes
the use of force.
(Code 1981, § 15-93)
Sec. 54-104. Replica or facsimile firearms.
(a) Definitions. As used in this section:
Replica or facsimile means "imitation firearm," as defined
in K.S.A. 12-16,115, and means a replica of a firearm which is so
substantially similar in physical properties to an existing
firearm as to lead a reasonable person to conclude that the
replica is a firearm. The term "imitation firearm" does not
include:
(1) A nonfiring collector's replica of
an antique firearm
which was designed prior to 1898, is historically
significant and is offered for sale in conjunction
with
a wall plaque or presentation case;
(2) A nonfiring collector's replica of
a firearm which was
designed after 1898, is historically significant,
was
issued as a commemorative by a nonprofit organization
and is offered for sale in conjunction with
a wall
plaque or presentation case; or
(3) A pneumatic, spring, spring-air or
compressed-gas
powered nonpowdered gun that is commonly called
an air
gun and is designed to discharge BBs, pellets
or paint
balls.
(b) It shall be unlawful for any person to draw, exhibit or
brandish a replica or facsimile of a firearm in a rude, insolent,
threatening or angry manner with the intent to frighten, vex,
harass or annoy any other person.
(c) It shall be unlawful for any person to draw, exhibit or
brandish a replica or facsimile of a firearm in the presence of a
law enforcement officer, firefighter, emergency technician or
paramedic engaged in the performance of his duties.
(d) Any replica or facsimile of a firearm used by any person
in a rude, insolent, threatening or angry manner shall be seized
and forfeited to the city.
(e) Any person convicted of violating this section shall be
deemed guilty of a misdemeanor and shall be punished by a fine of
not less than $150.00.
(Code 1981, § 15-93.1)
Sec. 54-105. Furnishing weapons to minors.
It shall be unlawful for any person to sell, give, loan or
otherwise furnish any pistol or revolver by which a cartridge may
be exploded, or any dirk, Bowie knife, knucks, slingshot or other
dangerous weapons to any minor.
(Code 1981, § 15-94)
State law reference(s)--Unlawful disposal of firearms,
K.S.A. 21-4203.
Sec. 54-106. Unlawful use of stun guns, tear gas, mace.
It shall be unlawful for any person not a police officer in the
execution of duty, to discharge items commonly known as stun
guns, tear gas, mace or any other chemical substance against any
individual within the corporate limits of the city, except in
defense of his person against an aggressor when and to the extent
it appears to him and he reasonably believes that such conduct is
necessary to defend himself or another against such aggressor's
imminent use of unlawful force, or in defense of his dwelling
when and to the extent that it appears to him and he reasonably
believes that such conduct is necessary to prevent or terminate
such other's unlawful entry into or attack upon his dwelling. The
preceding exceptions are not available to a person who:
(1) Is attempting to commit, is committing,
or is escaping
from the commission of, a forcible felony;
(2) Initially provokes the use of force
against himself or
another, with intent to use such force as
an excuse to
inflict bodily harm upon the assailant; or
(3) Otherwise initially provokes the
use of force against
himself or another, unless:
a. The person has reasonable grounds
to believe that
he is in imminent danger of death or great
bodily
harm, and he has exhausted every reasonable
means
to escape such danger other than the use of
force
which is likely to cause death or great bodily
harm to the assailant; or
b. In good faith, the person withdraws
from physical
contact with the assailant and indicates clearly
to the assailant that he desires to withdraw
and
terminate the use of force, but the assailant
continues or resumes the use of force.
(Ord. No. 16547, § 1(15-95), 2-2-93)
Secs. 54-107--54-120. Reserved.
ARTICLE V. OFFENSES AGAINST PUBLIC PEACE
AND ORDER*
----------
*State law reference(s)--Crimes against the public peace,
K.S.A. 21-4101 et seq.
----------
DIVISION 1. GENERALLY
Sec. 54-121. Disorderly conduct.
(a) Disorderly conduct is, with knowledge or probable cause
to believe that such acts will alarm, anger or disturb others or
provoke an assault or other breach of the peace:
(1) Engaging in brawling or fighting;
(2) Disturbing an assembly, meeting or
procession, not
unlawful in its character; or
(3) Using offensive, obscene or abusive
language or engaging in noisy conduct tending reasonably to arouse,
alarm, anger or resentment in others.
(b) Disorderly conduct is a misdemeanor.
(Code 1981, § 15-61)
State law reference(s)--Similar provisions, K.S.A. 21-4101.
Sec. 54-122. Loitering for purpose of illegally using, possessing
or selling controlled substance.
(a) As used in this section, public place means any place to
which the public has access, including but not limited to a
public street, road, thoroughfare, sidewalk, bridge, alley,
plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot,
public library or any other public building, structure or area.
(b) A person commits a disorderly persons offense if such
person:
(1) Wanders, remains or prowls in a public
place with the
purpose of unlawfully obtaining or distributing
a
controlled dangerous substance or controlled
substance
analog; and
(2) Engages in conduct that, under the
circumstances,
manifests a purpose to obtain or distribute
a
controlled dangerous substance or controlled
substance
analog.
(c) Conduct that may, where warranted under the
circumstances, be deemed adequate to manifest a purpose to obtain
or distribute a controlled dangerous substance or controlled
substance analog includes, but is not limited to, conduct such as
the following:
(1) Repeatedly beckoning to or stopping
pedestrians or
motorists in a public place.
(2) Repeatedly passing objects to or
receiving objects from
pedestrians or motorists in a public place.
(3) Repeatedly circling in a public place
in a motor
vehicle and on one or more occasions passing
any object
to or receiving any object from a person in
a public
place.
(d) The element of the offense described in subsection
(b)(1) of this section may not be established solely by proof
that the actor engaged in the conduct that is used to satisfy the
element described in subsection (b)(2) of this section.
(Ord. No. 16660, § 1, 12-14-93)
Sec. 54-123. Throwing of missiles.
(a) It shall be unlawful for any person to throw any stones,
snowballs or any other missiles upon or at any vehicle, building,
tree or other public or private property, upon or at any other
person in any public or private way or place or enclosed or
unenclosed ground.
(b) It shall be unlawful for any person to throw any stone,
snowball or any other missile from any vehicle, either moving,
stopped or parked, upon or at any building, tree, sign or other
public or private property, or upon or at any person in any
public or private way or place of enclosed or unenclosed ground.
(Code 1981, § 15-70)
Sec. 54-124. Interference with lawful occupation.
It shall be unlawful for any person, by acts of violence, to
interfere with another's pursuit of a lawful occupation.
(Code 1981, § 15-68)
Sec. 54-125. Obstruction of public ways.
It shall be unlawful for persons to gather in a crowd or to
collect in such a manner as to prevent, interrupt or obstruct the
travel, free passage or access over the same by the public upon
any public park, sidewalk, street, alley or building or upon any
private property to which the public has access.
(Code 1981, § 15-63)
Sec. 54-126. Residential picketing.
(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) and (d)(2).
(Ord. No. 16548, §§ 1--4, 2-2-93)
Sec. 54-127. Jostling, crowding.
It shall be unlawful to be found jostling or roughly
crowding or pushing any person in any public place.
(Code 1981, § 15-65)
Sec. 54-128. Lurking; prowling.
(a) It shall be unlawful for any person to be found lurking,
lying in wait or concealed in any house or other building or any
yard, premises or street with the intent to do any mischief or to
pilfer or to commit any crime or misdemeanor whatever.
(b) It shall be unlawful for any person to loiter at
nighttime or prowl around a dwelling house or any other place
used wholly or in part for living or dwelling purposes, belonging
to or occupied by another. This subsection applies only when a
person is on another's property without permission.
(Code 1981, § 15-71)
Sec. 54-129. Window peeping; loitering.
It shall be unlawful to enter upon the private property of
another to observe wrongfully the occupant of the property
without the permission or knowledge of the occupant, or to loiter
in a public street, alley, parking or other public place for the
purpose of wrongfully observing the occupants of another
dwelling.
(Code 1981, § 15-73)
Sec. 54-130. Occupation of vacant structures, vehicles or lots.
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.
(Code 1981, § 15-72)
Sec. 54-131. Disturbance of schools.
(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.
(Code 1981, § 15-64)
Sec. 54-132. Criminal nuisances.
(a) Maintenance prohibited. Maintaining a public nuisance
is, by act or by failure to perform a legal duty, intentionally
causing or permitting a condition to exist which injures or
endangers the public health, safety or welfare. For purposes of
this section, "public nuisance" shall mean and include any
brothel, bawdyhouse, house of prostitution, house of assignation,
gambling house, gaming room, open saloon, any place in which
lewd, indecent, lascivious or obscene films, pictures, books or
paraphernalia are exhibited, or any other place usually included
within the meaning of a public nuisance.
(b) Liability. Any person who uses, occupies, establishes or
conducts a public nuisance or aids or abets therein, and the
owner, agent or lessee of any interest in such premises together
with the persons employed in or in control of any such premises
is guilty of maintaining a public nuisance and shall be enjoined
as provided in this section.
(c) Notice. Upon the filing of a complaint, under oath, the
municipal judge shall, within 48 hours after the filing of such
complaint, issue a notice directed to the defendant in the action
and to the record title owner or owners of the premises,
directing the defendant to appear at a time and place fixed by
the judge, not later than five days from the time of filing the
complaint, and show cause, if any, why the public nuisance
alleged shall not be abated. The notice shall be served in the
same manner as a summons, and a copy of the notice shall be
posted on the premises in question. The defendant may file an
answer to the complaint as the only other pleading required.
(d) Abatement. Upon judgment by the municipal court that the
place or premises in question is a public nuisance, the judge
shall order the chief of police to padlock and fasten all doors,
entries and windows into the place or part thereof so that such
place or premises may not be used, and such place or premises
shall remain closed for a period of not less than three months
nor more than two years and until the owner, lessee, tenant or
occupant thereof shall give bond with sufficient surety to be
approved by the municipal judge in a sum of not less than
$5,000.00, payable to the city, and conditioned that the place
shall not be used, kept or maintained as a public nuisance. In
addition, the municipal court shall allow reasonable attorney's
fees to the city as costs of the action.
(e) Appeal from order. The city or any defendant may appeal
from the judgment of the municipal court on any proceedings under
this section to abate a public nuisance in the manner provided by
taking an appeal in criminal cases. Any defendant who appeals an order
abating a public nuisance must provide a surety, payable to
the city, to be approved by the municipal judge, in a sum of not
less than $5,000.00, conditioned that the defendant will
prosecute the appeal without unnecessary delay, and if judgment
is rendered against the defendant on that appeal, the defendant
will satisfy the judgment and costs of the action.
(Code 1981, § 15-74)
Cross reference(s)--Nuisances, § 66-26 et seq.
State law reference(s)--Maintaining a public nuisance,
K.S.A. 21-4106.
Sec. 54-133. Soliciting acts of prostitution or sodomy.
(a) Prohibited. It shall be unlawful upon the streets or in
other public places within the corporate limits of the city for
any person to solicit or agree with any other person to
participate in an act of prostitution or sodomy.
(b) Definitions. For the purposes of this section, the
following terms shall have the meanings respectively ascribed to
them:
Prostitution means manual or other bodily contact
stimulation of the genitals of any person with the intent to
arouse or gratify the sexual desires of any person, or sexual
intercourse for hire.
Public place means any place to which the general public has
access and a right to resort for business, entertainment or other
lawful purpose.
Sodomy means oral or anal copulation between persons who are
not husband and wife or consenting adult members of the opposite
sex, or between a person and an animal, or coitus with an animal.
Solicit means to approach another person with an offer of
sexual services.
(Code 1981, § 15-66)
State law reference(s)--Sodomy, K.S.A. 21-3505 et seq.;
prostitution, K.S.A. 21-3512 et seq.
Sec. 54-134. Expectorating, urinating, defecating.
It shall be unlawful for any person to expectorate, urinate
or defecate on any public street, alley, sidewalk or floor of any
public building, or any other place not intended or designated
for such purpose where the public gathers or has access.
(Code 1981, § 15-69)
Sec. 54-135. Picketing of religious events.
(a) Definitions. The following words and phrases, when used
in this section, shall have the meanings respectively ascribed to
them:
Announced religious event means a religious event regarding
which the public has been provided notice of the beginning time
and of the duration or ending time of such event by the conspicuous
posting of a sign on the property where the event is
to be held or by announcement in a newspaper regularly printed on
at least a weekly basis within the city.
Focused picketing means standing or sitting or walking in a
repeated manner past or around a house of worship, by one or more
persons while carrying a banner, placard, or sign.
House of worship means any church, synagogue, mosque, or
other structure that is regularly used for the exercise of
religious beliefs.
Religious event means any scheduled worship service,
wedding, funeral rite, memorial service for the dead, or other
observance of a religious sacrament, ritual, ceremony or
celebration that takes place at a house of worship or on the
property where a house of worship or on the property where a
house of worship is situated.
(b) Unlawful acts. It is unlawful for any person to engage
in focused picketing, during the time period from one-half hour
prior to the beginning time of an announced religious event until
one-half hour after the ending time of the event, on public
property at any of the following locations:
(1) On the sidewalk adjoining the property
on which a house
of worship is situated; or
(2) In the street or roadway adjoining
or adjacent to the
property on which a house of worship is situated;
or
(3) On the public area between the house
of worship and an
adjoining or adjacent street or roadway, including
but
not limited to the curb, drainage, or area
between the
street and sidewalk (if a sidewalk exists)
commonly
referred to as the "parking" or "easement";
or
(4) On any public property within 50
feet of the property
line on which a house of worship is situated,
if any
entrance to the house of worship is located
on that
side of the property.
(c) Penalty. 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 (c)(1) and (c)(2).
(Ord. No. 16843, §§ 1--3, 7-11-95; Ord. No. 17068, §§
1--3, 1-28-
97)
Secs. 54-136--54-145. Reserved.
DIVISION 2. NOISE*
----------
*Cross reference(s)--Nuisances, § 66-26 et seq.; operation
of noise producing devices on buses prohibited, § 154-32.
----------
Sec. 54-146. Findings.
It is found and declared that:
(1) The making and creation of loud,
unnecessary or unusual
noises within the limits of the city is a
condition
which has existed for some time and the extent
and
volume of such noises is increasing;
(2) The making, creation or maintenance
of such loud,
unnecessary, unnatural or unusual noises which
are
prolonged, unusual and unnatural in their
time, place
and use affect and are a detriment to public
health,
comfort, convenience, safety, welfare and
prosperity of
the residents of the city; and
(3) The necessity in the public interest
for the provisions
and prohibitions enacted and contained in
this division
is declared as a matter of legislative determination,
and the public prohibitions enacted and contained
in
this division are in pursuance of and for
the purpose
of securing and promoting the public health,
comfort,
convenience, safety, welfare and prosperity
and the
peace and quiet of the city and its inhabitants.
(Code 1981, § 27-1)
Sec. 54-147. Standards.
The standards which shall be considered in determining
whether a violation of this division exists shall include, but
shall not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) Whether the origin of the noise is
natural or
unnatural;
(5) The volume and intensity of the background
noise, if
any;
(6) The proximity of the noise to residential
sleeping
facilities;
(7) The nature and zoning of the area
within which the
noise emanates;
(8) The density of the inhabitation of
the area within
which the noise emanates;
(9) The time of the day or night the noise occurs;
(10) The duration of the noise;
(11)
Whether the noise is recurrent, intermittent or
constant; and
(12)
Whether the noise is produced by a commercial or
noncommercial
activity.
(Code 1981, § 27-2)
Sec. 54-148. Prohibition generally.
(a) It shall be unlawful for any person to make, continue or
cause to be made or continued any loud, unnecessary or unusual
noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others
within the limits of the city; provided, that the provisions of
this division shall not apply to such occasional and infrequent
uses as authorized by special permit of the council, upon a
showing by an applicant and determination by the council that the
proposed use does not offend the spirit of the findings of
section 54-146.
(b) The acts mentioned in the following sections of this
division, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this division, but such
enumeration shall not be deemed to be exclusive.
(Code 1981, § 27-3)
Sec. 54-149. Horns and signaling devices.
(a) The sounding of any horn or signaling device on any
automobile, motorcycle, streetcar or other vehicle on any street
or public place of the city, except as a danger warning; the
creation by means of any such signaling device of any
unreasonable loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time is
unlawful.
(b) The use of any signaling device, except one operated by
hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling
device when traffic is for any reason held up is unlawful.
(Code 1981, § 27-4)
Sec. 54-150. Radios, phonographs, etc.
(a) The using, operating or permitting to be played, used or
operated any 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 persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners thereto is unlawful.
(b) The operation of any radio receiving set, musical
instrument, phonograph, machine or device between the hours of
11:00 p.m. and 7:00 a.m. in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(Code 1981, § 27-5)
Sec. 54-151. Reserved.
Sec. 54-152. Loudspeakers, amplifiers for advertising.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or
device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or
structure is unlawful.
(Code 1981, § 27-7)
Sec. 54-153. Steam whistles.
The blowing of any locomotive steam whistle or steam whistle
attached to any stationary boiler or other signal device except
to give notice of the time to begin or stop work or as a warning
of fire, danger or upon request or authorization of proper city
authorities is unlawful.
(Code 1981, § 27-10)
Sec. 54-154. Exhausts.
The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat or
motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom is
unlawful.
(Code 1981, § 27-11)
Sec. 54-155. Defect in vehicle or load.
The use of any automobile, motorcycle or vehicle so out of
repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noises is
unlawful.
(Code 1981, § 27-12)
Sec. 54-156. Metal rails, pillars and columns; transportation
thereof.
The transportation of rails, pillars or columns of iron,
steel or other material over and along streets and other public
places upon carts, drays, cars, trucks or in any other manner
when so loaded as to cause loud noises or as to disturb the peace
and quiet of such streets or other public places is unlawful.
(Code 1981, § 27-13)
Sec. 54-157. Loading or unloading vehicle; opening or destruction
of boxes.
The creation of loud and excessive noise in connection with
loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers is unlawful.
(Code 1981, § 27-14)
Sec. 54-158. Yelling, shouting, etc.
Yelling, shouting, hooting, whistling or singing on the
public streets, particularly between the hours of 11:00 p.m. and
7:00 a.m., or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office, or in any dwelling,
hotel or other type of residence, or of any persons in
the vicinity, is unlawful.
(Code 1981, § 27-8)
Sec. 54-159. Hawkers, peddlers.
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood is
unlawful.
(Code 1981, § 27-9)
Peddlers, solicitors and itinerant merchants, § 30-286 et
seq.
Sec. 54-160. Musical instruments.
The use of any musical instrument or device for the purpose
of attracting attention by creation of noise to any performance,
show or sale is unlawful.
(Code 1981, § 27-6)
Sec. 54-161. Construction or repairing of buildings.
The erection (including excavating), demolition, alteration
or repair of any building other than between the hours of 7:00
a.m. and 6:00 p.m. on weekdays, except in case of urgent
necessity in the interest of public health and safety, and then
only with a permit from the code enforcement director, which
permit may be granted for a period not to exceed three days or
less while the emergency continues and which permit may be
renewed for periods of three days or less while the emergency
continues. If the code enforcement director should determine that
the public health and safety will not be impaired by the
erection, demolition, alteration or repair of any building or the
excavation of streets and highways between the hours of 6:00 p.m.
and 7:00 a.m., and if the code enforcement director shall further
determine that loss or inconvenience would result to any party in
interest, the code enforcement director may grant permission for
such work to be done between the hours of 6:00 p.m. and 7:00 a.m.
upon application being made at the time the permit for work is
awarded or during the progress of the work.
(Code 1981, § 27-15)
Buildings and building regulations, ch. 26.
Sec. 54-162. Pile drivers, hammers and derricks.
The operation between the hours of 10:00 p.m. and 7:00 a.m.
of any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is
attended by loud or unusual noise, is unlawful.
(Code 1981, § 27-16)
Sec. 54-163. Blowers and internal combustion engines.
The operation of any noise-creating blower or power fan or
any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled, is unlawful.
(Code 1981, § 27-17)
Sec. 54-164. In proximity to schools, courts, churches,
hospitals.
The creation of any excessive noise on any street adjacent
to any school, institution of learning, church or court while the
same is in use, or which disturbs the workings of such
institution, or which disturbs or unduly annoys patients in a
hospital, provided conspicuous signs are displayed in such
streets indicating that the street is a school, hospital or court
street, is unlawful.
(Code 1981, § 27-18)
Sec. 54-165. Keeping of animals.
The keeping or harboring of any animal which by causing
frequent or long continued noise shall disturb the comfort or
repose of any persons in the vicinity is unlawful.
(Code 1981, § 27-19)
Cross reference(s)--Animals, ch. 18.
Secs. 54-166--54-190. Reserved.
ARTICLE VI. POSSESSION AND USE OF CERTAIN TYPES OF AMMUNITION
Sec. 54-191. Definitions.
The term "polymer tipped ammunition" means a projectile
which may be used in a handgun or other firearm and which is
constructed, in whole or in part of carbon-based plastics
(polymers), including but not limited to ammunition which is
known as a "Black Rhino" or "Rhino-Ammo" bullets or shells.
(Ord. No. 16795, § 1, 1-24-95)
Sec. 54-192. Unlawful.
It shall be unlawful for any person to sell, possess or use
any polymer tipped ammunition within the city limits.
(Ord. No. 16795, § 2, 1-24-95)
Sec. 54-193. Penalty.
Any person convicted of violating the provisions of section
54-192 shall be punished by a fine not to exceed $499.00 and/or
imprisonment not to exceed 179 days. A person so convicted shall
not be eligible for parole until they have paid a fine of $499.00
or served an imprisonment of 179 days.
(Ord. No. 16795, § 3, 1-24-95)