96-9746 OffensesAMENDED
By ORDINANCE NO.
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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:
Y
Section 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
—,C.. Priming — Salina, Kansas
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.
(SEAL)
ATTEST:
X.
Jud
D. ng , CMC , Ci Clerk
Introduced: June 10, 1996
Passed: June 17, 1996
Evelyn Maxwell, Mayor