17-10899 Adopting 2017 Uniform Public Offense Code (Summary published in The Salina Journal on October, 2017.)
(Published on the City of Salina's website from October 10 to October 1L1 , 2017.)
ORDINANCE NUMBER 17-10899
AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE
LIMITS OF THE CITY OF SALINA, KANSAS; INCORPORATING BY REFERENCE
THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, EDITION OF 2017,
WITH CERTAIN OMISSIONS AND AMENDMENTS; AND REPEALING EXISTING
w SECTIONS 5-1, 5-2, 5-3, 5-4, 25-1, 25-2, 25-3, 25-4, 25-41, 25-42, 25-51, 25-51.1, 25-52, 25-53,
25-54, 25-55, 25-56, 25-57, 25-58, 25-59, 25-60, 25-62, 25-63, 25-71, 25-72, 25-73, 25-83, 25-84,
25-85, 25-91, 25-92, 25-93, 25-95, 25-96, 27-97, 25-99, 25-100, 25-111, 25-112, 25-113, 25-114,
25-115, 25-116, 26-117, 25-118, 25-119, 25-120, 25-121, 25-122, 25-131, 25-133, 25-134, 25-135,
25-136, 25-137, 25-138, 25-139, 25-140, 25-141, 25-151, 25-154, 25-155, 25-156, 25-157, 25-158,
25-159, 25-161, 25-171, 25-172, 25-173, 25-181, 25-182, 25-191, and 25-192.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. ADOPTION OF UNIFORM PUBLIC OFFENSE CODE.
25-1 INCORPORATING UNIFORM PUBLIC OFFENSE CODE.
(a) Incorporation by Reference. The Uniform Public Offense Code, 33`d Edition (2017),
published by the League of Kansas Municipalities, Topeka, Kansas, (the "Uniform
Public Offense Code") is adopted and incorporated by reference except such sections as
are hereinafter omitted or amended. At least one copy of the Uniform Public Offense
Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. 17-
10899," with all sections thereof intended to be omitted or amended clearly marked to
show any such omission or amendment and to which shall be attached a copy of this
ordinance, and filed with the city clerk to be open to inspection and available to the
public at all reasonable business hours.
(b) Omissions. Sections 6.14, 6.15, 6.16, 6.17, 10.13, 10.18, 10.24. 10.25, 10.26, 11.3,
and 11.11 of the Uniform Public Offense Code are hereby omitted.
(c) Amendments. Section 9.1 of the Uniform Public Offense Code is hereby amended to
read as follows:
Sec. 9.1. Disorderly Conduct. Disorderly Conduct is one or more of the following acts
that the person knows or should know will alarm, anger or disturb others or provoke an
assault or other breach of the peace:
(a) Brawling or fighting;
(b) Disturbing an assembly, meeting or procession, not unlawful in its character;
(c) Using offensive, obscene or abusive language or engaging in noisy conduct tending
reasonably to arouse alarm, anger or resentment in others; or
(d) Willfully throwing, depositing or placing any substance upon any property in which
another has an interest without the consent of such other person, when such action
does not constitute criminal damage to property.
Disorderly conduct is a Class C violation.
(d) Amendments. Section 10.5 of the Uniform Public Offense Code is hereby amended to
read as follows:
Sec. 10.5. Unlawful Discharge of a Firearm.
(a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or
into the corporate limits of any city.
W (b) This section shall not apply to the discharge of any firearm within or into the
corporate limits of any city if:
(I) The firearm is discharged in the lawful defense of one's person,
another person or one's property;
(2) The firearm is discharged at a private or public shooting range;
(3) The firearm is discharged to lawfully take wildlife unless prohibited
by the department of wildlife, parks and tourism or the governing
body of the city;
(4) The firearm is discharged by authorized law enforcement officers,
animal control officers or a person who has a wildlife control permit
issued by the Kansas department of wildlife, parks and tourism;
(5) The firearm is discharged by special permit of the chief of police or
by the sheriff when the city has no police department;
(6) The firearm is discharged using blanks;
(7) The firearm is discharged in lawful self-defense or defense of
another person against an animal attack (K.S.A. Supp. 26-6308a);
(8) The firearm is discharged by a legitimate gunsmith in pursuit of his
or her trade;
(9) The firearm is discharged by the executive director of the Salina
Airport Authority, or the executive director's designee, on Airport
property for wildlife hazard reduction purposes pursuant to the
Salina Regional Airport Rules and Regulations.
Unlawful discharge of firearms is a Class B violation.
(e) Amendments. Section 10.6 of the Uniform Public Offense Code is hereby amended to
read as follows:
Sec. 10.6. Air Gun, Air Rifle, Bow and Airow, Slingshot, BB Gun or Paintball Gun.
The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or
paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and
arrow, slingshot, BB gun or paint ball gun, within the city, except:
(a) Within the confines of a building or other structure from which the
projectiles cannot escape; or
(b) Instructional programs relating to shooting, discharging, or operating an air
gun, air rifle, paintball gun, BB gun, bow and arrow, or slingshot,
administered under the supervision of either (1) the city, by permit, upon
city park property or (2) an accredited educational institution upon
appropriately zoned property owned by the educational institution.
Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint
ball gun is a Class C violation.
Section 2. Repealer. Existing Salina Code Sections 5-1, 5-2, 5-3, 5-4, 25-1, 25-2, 25-3, 25-4, 25-
41, 25-42, 25-51, 25-51.1, 25-52, 25-53, 25-54, 25-55, 25-56, 25-57, 25-58, 25-59, 25-60, 25-62,
25-63, 25-71, 25-72, 25-73, 25-83, 25-84, 25-85, 25-91, 25-92, 25-93, 25-95, 25-96, 27-97, 25-99,
tjj 25-100, 25-111, 25-112, 25-113, 25-114, 25-115, 25-116, 26-117, 25-118, 25-119, 25-120, 25-121,
2 25-122, 25-131, 25-133, 25-134, 25-135, 25-136, 25-137, 25-138, 25-139, 25-140, 25-141, 25-151,
w 25-154, 25-155, 25-156, 25-157, 25-158, 25-159, 25-161, 25-171, 25-172, 25-173, 25-181, 25-182,
h 25-191, and 25-192 are hereby repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption
and publication by the following summary once in the official city newspaper.
Ordinance No. 17-10899 Summary
On October 9, 2017, the City of Salina, Kansas, passed Ordinance No. 17-10899. The
ordinance amends Chapters 5 and 25 of the Salina Code by adopting the Uniform Public
Offense Code, 33rd Edition (2017) prepared and published in book form by the League of
Kansas Municipalities and by providing certain local amendments to Sections 9.1, 10.5,
and 10.6. A complete copy of the ordinance is available at www.salina-ks.gov or in the
office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the
City Attorney.
Introduced: October 9, 2017
Passed: October 9, 20
Ka 'e J CraN ord. Mayor
[SEAL]
ATTEST:
AT
Q`"`ci`L W
Shandi Wicks, CMC, City Clerk
The pAit is ion summary set forth above is certified this I Ithday of October, 2017.
Si, • �i
Gre v A. Iron; t ity Attorney
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