96-9758 Offenses( Published in The Salina Journal August a2 ? , 1996 )
ORDINANCE NUMBER 96-9758
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 25
OF THE SALINA CODE BY ADDING SECTION 25-84 AND AMENDING SECTIONS
25-181 AND 25-182 AND REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 25-84 is hereby addded to Chapter 25 of
the Salina Code to read as follows:
"Section 25-84 Purchase or
possession of
cigarette
roll for smoking, made
and tobacco
products by persons
under
and irrespective
18 years of
age.
any
(a) It
shall be unlawful for any person
who is under
18 years of
age to purchase
or attempt to
purchase or
possess or
attempt to possess cigarettes
or tobacco
products.
(b) Any person charged with violating this section
shall be issued a notice to appear and, prior to the time
specified in the notice to appear, may enter a written
appearance, waive right to trial, plead guilty or no contest
and pay the fine and court costs provided by law.
Payment may be made by mail or in person and may be by
personal check. The cigarette or tobacco citation shall not
have been complied with if a check is not honored for any
reason, or if the fine and court costs are not paid in full.
When a person charged with a cigarette and tobacco
infraction makes payment without executing a written
waiver of right to trial and plea of guilty or no contest,
the payment made shall be deemed such an appearance,
waiver of right to trial and plea of no contest.
(c) As used in this section:
(1)
Cigarette means
any
roll for smoking, made
wholly or in part of tobacco,
irrespective of size or
shape,
and irrespective
of tobacco being flavored,
adulterated or mixed with
any
other ingredient if the
wrapper
is in great part
made
of any material except
tobacco.
(2) Tobacco products means cigars, cheroots,
stogies, periques; granulated, plug cut, crimp cut,
ready rubbed and other smoking tobacco; snuff,
snuff flower; cavendish; plug and twist tobacco; fine
cut and other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings and sweepings of tobacco,
and other kinds and form of tobacco, prepared in
such a manner as to be suitable for chewing or
smoking in a pipe or otherwise, or both for chewing
and smoking. Tobacco products do not include
cigarettes.
Violation of this section is a cigarette and tobacco
infraction for which the fine is twenty-five dollars
($25.00).
Section 2. That Sections 25-181 and 25-182 of Chapter 25 of the
Salina Code are hereby amended to read as follows:
Section 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;
(5) Cigarette and tobacco infraction, a violation
of Section 25-84 of this chapter that proscribes or
requires the same behavior as that proscribed or
required by statutory provision that is classified as a
cigarette and tobacco infraction in subsection (m) or
(n) of K.S.A. 79-3321 and amendments thereto, the
sentence for which shall consist of a fine only. No
confinement is authorized by law.
(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.
(c) In addition to or in lieu of any other sentence
authorized by law, whenever there is evidence that the act
constituting the violation was substantially related to the
possession, use or ingestion of cereal malt beverage or
alcoholic liquor by such person, the court may order such
person to attend and satisfactorily complete an alcohol or
drug education or training program certified by the
administrative judge of the judicial district or licensed by
the secretary of social and rehabilitation services.
Section 25-182 Fines.
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 ($2,500.00) .
(2) Class B violation,
thousand dollars ($1,000.00).
(3) Class C violation,
hundred dollars ($500.00) .
a sum not exceeding one
a sum not exceeding five
(4) Unclassified violation, any sum authorized by the
section that defines the offense. If no penalty is provided
in such law, the fine shall not exceed the fine provided
herein for a Class C violation.
(5) Cigarette and tobacco infraction, a sum of
twenty-five dollars ($25.00) ."
Section 3. That the existing Sections 25-181 and 25-182 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: August 19, 1996
{ SEAL}
ATTEST:
Judy L g, CMC, Cit Jerk
Passed: August 26, 1996
Evelyn Maxwell, Mayor