18-10974 Adopting 2018 Uniform Public Offense Code (Summary published.in The Salina Journal on October 5 ,2018.)
(Published on the City of Salina's website from October 2 - 16;2018.)
ORDINANCE NUMBER 18-10974
AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-1 OF THE UNIFORM
PUBLIC OFFENSE CODE FOR KANSAS CITIES, 34th EDITION (2018); ADDING LOCAL
AMENDMENTS TO THE 2018 UNIFORM PUBLIC OFFENSE CODE; REINSTATING
ARTICLE XI; AND REPEALING EXISTING SECTIONS 25-1, 25-98, 25-201, 25-202, 25-
2 203, AND 25-204.
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, 34th Edition (2018),
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. 18-
10974," 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 fighting words 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 9.9.1 of the Uniform Public Offense Code is hereby amended to
read as follows:
Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols.
(a) Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et
seq., and amendments thereto, it shall be unlawful for any person to possess or have
under such person's control marijuana, as designated in K.S.A. 65-4105(d), and
amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h),
and amendments thereto.
(b) Penalty.
(1) Violations of subsection (a) is a Class B violation for a first offense and a class A
violation if the person has a prior conviction under K.S.A. 65-4162, prior to its
repeal, under substantially similar offense from another jurisdiction, or under any
city ordinance or county resolution for a substantially similar offense.
(c) In addition to or in lieu of any other sentence authorized by ordinance, whenever a
person is convicted of having committed unlawful possession of marijuana or
tetrahydrocannabinols under this section, while under twenty-one (21) years of age,
the court shall order such person to submit to and complete an alcohol and drug
evaluation by a community-based alcohol and drug safety action program certified
pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed
the fee established by that statute for such evaluation. If the court finds that the
person is indigent, the fee may be waived.
(e) 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.
(b) This section shall not apply to the discharge of any firearm within or into the
corporate limits of any city if:
(1) 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 his designee, on Airport property for wildlife hazard reduction
purposes pursuant to the Salina Municipal Airport Rules and Regulations.
Unlawful discharge of firearms is a Class B violation.
(0 Amendments. Section 10.6 of the Uniform Public Offense Code is hereby amended to
read as follows:
4
Sec. 10.6. Air Gun, Air Rifle, Bow and Arrow, 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. Chapter 25, Article XI of the Salina Code is amended by reinstating Sections 25-181
and 25-182, to read as follows:
Sec. 25-181. Classes of violations and confinement.
(a) For the purpose of sentencing, the following classes of violations and the
punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the
city or county jail which shall be fixed by the court and shall not exceed one
(1) year;
(2) Class B, the sentence for which shall be a definite term of confinement in the
city or county jail which shall be fixed by the court and shall not exceed six
(6) months;
(3) Class C, the sentence for which shall be a definite term of confinement in the
city or county jail which shall be fixed by the court and shall not exceed one
(1) month;
(4) Unclassified violations, which shall include all offenses declared to be
violations without specification as to class, the sentence for which shall be in
accordance with the sentence specified in the section that defines the offense;
if no penalty is provided in such law, the sentence shall be the same penalty
as provided herein for a class C violation.
(b) Upon conviction of a violation, a person may be punished by a fine, as provided in
Section 25-182 of this article, instead of or in addition to confinement, as provided in
this section.
Sec. 25-182. Fines.
(a) A person convicted of a violation may, in addition to, or instead of, the confinement
authorized by law, be sentenced to pay a fine which shall be fixed by the court as
follows:
(1) Class A violation, a sum not exceeding two thousand, five hundred dollars
15,
(S2,500.00).
(2) Class B violation, a sum not exceeding one thousand dollars (S 1,000.00).
(3) Class C violation; a sum not exceeding five hundred dollars ($500.00).
(4) Unclassified violation, any sum authorized by the section that defines the 'I
offense. If no penalty is provided in such law, the fine shall not exceed the
fine provided herein for a class C violation.
Section 2. Repealer. Existing Sections 25-1, 25-98, 25-201, 25-202, 25-203, and 25-204 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. 18-10974 Summary
On October 1, 2018, the City of Salina, Kansas, passed Ordinance No. 18-10974. The
ordinance amends Chapter 25, Section 25-1 of the Salina Code by adopting the Uniform
Public Offense Code, 34th Edition (2018) prepared and published in book form by the
League of Kansas Municipalities; providing certain local amendments to Sections 9.1,
9.9.1, 10.5, and 10.6; reinstating Article XI; and repealing existing sections 25-1, 25-98,
25-201, 25-202, 25-303, and 25-204. 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 1, 2018
Passed: October 1, 18
Karl F. Ryan, Mayor
[SEAL]
ATTEST: '''' 11
ek
andi Wicks, CMC, City Clerk
The . blication summary set forth above is certified this eOctober, 2018.
tens
G A. Ben. . , City Attorney