8.5 Criminal Damage Roof Jumpin CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
P.M.
AGENDA SECTI ON: OR I G I NATI NG DEPARTMENT: APPROV ED FOR
AGENDA:
NO. 8 Police
ITEM
BY: , James ,_,n.. Hill BY: ~ ','\,7~
Item
Amend Chapter 25 of the Salina Municipal Code by changing the penalty classification regarding
criminal damage to property and by adding provisions regarding criminal trespass.
Backqround
Section 25-96 of the Salina Municipal Code regarding criminal damage to property currently
provides that the offense is a Class A violation. Proposed Ordinance Number 96-9746 changes
the violation to Class B, thereby bringing the penalty into conformity with K.S.A. 21-3720.
Section 25-97 of the Salina Municipal Code regarding criminal trespass currently does not 1)
proscribe entering or remaining upon or in any land, structure, etc., by a person who knows he
or she is not authorized or privileged to do so, unless other circumstances are present, or 2)
include language that prohibits 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 f~cility, as provided
in KS.A 21-3721.
Proposed Ordinance Number 96-9746 changes the wording in Section 25-97 to prohibit, without
requiring further circumstances, the entering or remaining upon or in any land, structure, etc., by
a person who knows or reasonably should know that he or she is not authorized or privileged to
do so; and adds language, consistent with that found in K.S.A. 21-3721, which prohibits 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.
Recommendation
Approve the first reading of Ordinance Number 96-9746.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
(Published in The Salina Journal June , 1996)
ORDINANCE NUMBER 96-9746
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS
25-96 AND 25-97 OF CHAPTER 25 OF THE SALINA CODE PERTAINING TO
OFFENSES, MISCELLANEOUS PROVISIONS AND REPEALING THE EXISTING
SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Sect|on 1. That Section 25-96 of the Salina Code is hereby amended
to read as follows:
"Section 25-96. Criminal damage to property.
Criminal damage to property is by means other than by
fire or explosive:
(1) Willfully injuring, damaging, mutilating,
defacing, destroying, or substantially impairing
the use of any property in which another has an
interest without the consent of such other
person; or
(2) Injuring, damaging, mutilating, defacing,
destroying or substantially impairing the use of
any property with intent to injure or defraud an
insurer or lienholder.
Criminal damage to property is a Class B misdemeanor
if the property damaged is of the value of less than five
hundred dollars ($500) or is of the value of five hundred
dollars ($500) or more and is damaged to the extent of less
than five hundred dollars ($500)."
Section 2. That Section 25-97 of the Salina Code
is hereby amended to read as follows:
"Section 25-97. Criminal trespass.
(1) Criminal trespass is entering or remaining upon
or in any land, structure, aircraft or watercraft
by a person, when:
(a) Such person knows or reasonably should
know that the or she is not authorized or
privileged to do so; or
(b) 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; or
(c) Such premises or property 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; or
(d) Such person enters or remains therein in
defiance of a restraining order issued by a court
of competent jurisdiction and the restraining
order has been personally served upon the person
so restrained.
(2) (a) 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:
(1) Health care facility means any licensed
medical care facility, certified 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.
(2) Health care provider means any person:
(A) Licensed to practice a branch of
the healing arts;
(B) Licensed to practice psychology;
(C) Licensed to practice professional
or practical nursing;
(D) Licensed to practice dentistry;
(E) Licensed to practice optometry;
(F) Licensed to practice pharmacy;
(G) Licensed to practice podiatry;
(H) Licensed as a social worker; or
(I) Registered to practice physical
therapy.
(c) Criminal trespass is a Class B nonperson
misdemeanor."
Section 3. That the existing Sections 25-96 and 25-97 of the Salina
Code are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: June 10, 1996
Passed: June 17, 1996
Evelyn Maxwell, Mayor
(SEAL)
ATTEST:
Judy D. Long, CMC, City Clerk