6.3 Ordinance No. 22-11133 2022 Uniform Public Offense CodeCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/10/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 6
BY:ji
ITEM City Clerk's Office _ FINAL AP ROVAL:
NO: 3
Page 1 BY: JoVonna A. Rutherford, City Clerk BY:
ITEM: Ordinance No. 22-11133
Second reading of Ordinance No. 22-11133, amending Chapter 25, Article I of the City of Salina
Code by adopting the 2022 Uniform Public Offense Code for Kansas Cities published by the
League of Kansas Municipalities; repeal existing section 25-1.
BACKGROUND:
Ordinance No. 22-11133 was passed on first reading on October 3, 2022. Since that time no
comments have been received.
FISCAL NOTE:
There would be no fiscal impact on the City of Salina if this amendment is approved.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) Approve Ordinance No. 22-11133 on second reading.
2.) Approve Ordinance No. 22-11133 on second reading with amendments as the City
Commission deems appropriate.
3.) Postpone consideration of Ordinance No. 22-11133 on second reading to a specified date and
time and provide staff direction regarding additional information or amendments the City
Commission would like to request for their further consideration.
4.) Vote to deny Ordinance No. 22-11133 on second reading if it is not in the public's interest to
vacate the existing north -south utility easement.
Staff recommends Option #1
Attachments:
CC: Ordinance No. 22-11133
(Summary published in The Salina Journal on October _, 2022.)
(Published on the City of Salina's website for a minimum of one week from October_, 2022.)
ORDINANCE NUMBER 22-11133
AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-1 OF THE UNIFORM
PUBLIC OFFENSE CODE FOR KANSAS CITIES, 38th EDITION (2022); ADDING
LOCAL AMENDMENTS TO THE 2022 UNIFORM PUBLIC OFFENSE CODE AND
REPEALING EXISTING SECTION 25-1.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. ADOPTION OF UNIFORMPUBLIC OFFENSE CODE.
Sec. 25-1. INCORPORATING UNIFORM PUBLIC OFFENSE CODE.
(a) Incorporation by Reference. The Uniform Public Offense Code, 38th Edition (2022),
published by the League of Kansas Municipalities, Topeka, Kansas, (the "Uniform Public
Offense Code") is adopted and incorporated by reference save and except such articles,
sections, parts or portions as are hereafter 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. 22-11133," with all sections or portions 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, 7A.1, 7A.2, 7A.3, 7A.4,9.9.3, 9.9.4, 9.9.6,
10.13, 10.18, 10.24, 10.25, 10.26, 11.3, and 11.15 of the Uniform Public Offense Code are
hereby omitted.
(c) Amendments. Section 7.14 of the Uniform Public Offense Code is hereby amended to
read as follows:
See. 7.14. Electioneering.
(a) (1) Electioneering is:
(A) knowingly attempting to persuade or influence eligible voters to vote for or
against a particular candidate, party or question submitted, including
wearing, exhibiting or distributing labels, signs, posters, stickers or other
materials that clearly identify a candidate in the election or clearly indicates
support or opposition to a question submitted election within any polling
place on election day or advance voting site during the time period allowed
by law for casting a ballot by advance voting or within a radius of 250 feet
from the entrance thereof; or
(B) if committed by a candidate:
(i) Touching or handling any voter's ballot during the voting process;
(ii) distributing ballots or counting ballots;
(iii) hindering or obstructing any voter from voting or from entering and
(Summary published in The Salina Journal on October . 2022.)
(Published on the City of Salina's website for a minimum of one week from October 2022.)
leaving the polling place; or
(iv) hindering or obstructing any election board worker from performing
election duties.
(2) Electioneering shall not include bumper stickers affixed to a motor vehicle
that is used to transport voters to a polling place or to an advance voting site
for the purpose of voting.
(b) The provisions of subsection (a)(1)(B) shall not apply to:
(1) The secretary of state, any election official or any counter election officer;
(2) a candidate for precinct committeeman or committeewoman who is
employed by a county election office and is engaged in the performance of
such employee's duties;
(3) a candidate for any office not specified in paragraphs (1) or (2) who is
employed by a county election office and is engaged in the performance of
such employee's duties, if such employee does not appear as a candidate for
office on any ballot such employee touches, handles, distributes or counts;
or
(4) a candidate transmitting or delivering an advance voting ballot in
accordance with K.S.A. 25-2437(b) and amendments thereto.
(c)(1) As used in this section, "advance voting site" means the central county election
office or satellite advance voting sites designated as such pursuant to subsection
(c) of K.S.A. 25-1122, and amendments thereto, and adult care homes and
hospital based care units at the time of an election participating in the voting
procedures in K.S.A. 2020 Supp. 25-2812, and amendments thereto.
(2) Candidate means an individual who has declared such individual's candidacy
-.: pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated
for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the
election for which the individual is charged with having violated the provisions of
this section.
(d) Electioneering is a Class C violation.
(K.S.A. 25-2430)
(d) 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;
(Summary published in The Salina Journal on October 2022.)
(Published on the City of Salina's website for a minimum of one week from October . 2022.)
(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.
(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;
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.
(f) 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 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:
(Summary published in The Salina Journal on October . 2022.)
(Published on the City of Salina's website for a minimum of one week from October 2022.)
(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 Section 25-1 is 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 22-11133 Summary `
On October 10, 2022, the City of Salina, Kansas, passed Ordinance No. 22-11133. The
ordinance amends Chapter 25, Section 25-1 of the Salina Code by adopting the Uniform Public
Offense Code, 38th Edition (2022) prepared and published in book form by the League of
Kansas Municipalities; providing certain local amendments to Sections 7.14, 9.1, 10.5, and
10.6 and repealing existing section 25-1. 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.
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
Introduced: October 3, 2022
Passed: October 10, 2022
Trent W. Davis, M.D., Mayor
The publication summary set forth above is certified this day of October, 2022.
Greg A. Bengtson, City Attorney