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93-9600 OffensesKuhn-Gox Printing — Salina, Kansas (Published in The Salina Journal October dl, 1993) ORDINANCE NUMBER 93-9600 AN ORDINANCE AMENDING SECTION 25-1 OF THE SALINA CODE REGARDING DEFINITIONS; AND AMENDING ARTICLE IX OF CHAPTER 25 OF THE SALINA CODE BY ADDING SECTION 25-160, RELATING TO THE STORAGE OF FIREARMS WHERE A MINOR MAY GAIN ACCESS THERETO; AND REPEALING THE EXISTING SECTION 25-1. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Section 25-1 of the Salina Code is hereby amended to read as follows: "Section 25-1. Definitions. The following definitions shall apply when the words and phrases defined are used in this Chapter except when a particular context clearly requires a different meaning. 'Act'. A failure or omission to take action. 'Air gun or air rifle'. Any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any pellet or BB shot, and whether operating from and upon compressed air or mechanical or elastic springwork or otherwise. 'Alcoholic beverage or alcoholic liquor'. Alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage. 'Another'. A person or persons as defined in this code other than the person whose act is claimed to be an offense. 'Cereal malt beverage'. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which contains more than 3.2 percent alcohol by weight. 'City or this city'. All land and water either within or outside the boundary of the city over which the city has either exclusive or concurrent jurisdiction, and the air space above such land and water. 'Conduct'. An act or series of acts, and the accompanying mental state. 'Conviction'. A judgment of guilt entered upon a plea or finding of guilt. 'Correctional officer or employee'. Any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution. 'Deception'. Knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact. K,hn-Cox P— inq — Salina, Kansas 'To deprive permanently'. (1) Take from the owner the possession or use or benefit of the owner's property, without intent to restore the same; or (2) Retain property without intent to restore the same or with intent to restore to the owner only if the owner purchases or leases it back, or pays a reward or compensation for its return; or (3) Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner. 'Dwelling'. A building or portion thereof, a tent, a vehicle, or other' enclosed space which is used or intended for use as a human habitation, home or residence. 'Firearm'. Any pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion, expanding gases or other combustion. 'Handgun'. A Pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. 'Intend to defraud'. An intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property. 'Law enforcement officer'. Any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. 'Minor'. Any person under the age of eighteen (18) . 'Obtain'. To bring about a transfer of interest in or possession of property, whether to the offender or to another. 'Obtains or exerts control over property'. Includes but is not limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, interest in, or possession of property. 'Owner'. A person who has any interest in property. 'Person'. An individual, public or private corporation, government, partnership or unincorporated association. 'Personal property'. Goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged or dismissed. 'Property'. Anything of value, tangible or intangible, real or personal. 'Prosecution'. All legal proceedings by which a person's liability for an offense is determined. 'Public employee'. A person employed by or acting for the city and who is not a public officer. rmas.;.samieaa���xw:Frxtn 'Public offense or offense'. An act or omission defined by this code which, upon conviction, is punishable by fine, confinement or both fine and confinement. 'Public officer'. Includes the following whether elected or appointed: (1) An executive or administrative officer of the city; (2) A member of the governing body of the city; (3) A judicial officer, which shall include a judge, municipal judge, magistrate, juror, master or any other person appointed by a judge or court to hear or determine a cause or controversy and who is not a judicial officer; (4) A hearing officer shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer; (5) A law enforcement officer or public safety officer; (6) Any other person exercising the functions of a public officer under color of right. 'Real property or real estate'. Every estate, interest and right in lands, tenements and hereditaments. 'Solicit or solicitation'. To command, authorize, urge, incite, request or advise another to commit an offense. 'Stolen property' . Property over which control has been obtained by theft. 'Threat'. A communicated intent to inflict physical or other harm on any person or on property. 'Vessel'. Any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water. 'Written instrument'. Any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for the purpose of reciting, dying, conveying or recording information, and any money, tokens, stamps, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification, which is being capable of being used to the advantage or disadvantage of some person. Section 2. That the Salina Code is hereby amended by adding Section 25-160 which shall read as follows: "Section 25-160. Negligent storage of firearms. (a) Any person who stores or leaves, on a premise, in a vehicle, or at any location a loaded or unloaded firearm, where it is reasonably foreseeable that a minor may gain access to the firearm, shall keep the firearm in a securely locked box, locked safe, locked rack, locked hard case, locked soft case, locked drawer, locked cabinet, locked room (with a keyable lock or padlock) , locked vehicle, locked compartment within a vehicle, or other locked container, or shall secure the firearm by installing a trigger lock (unloaded firearms only) , or other similar device which prevents the normal function and discharge of the firearm. Such locking device shall be in addition to any built-in safety features of the firearm. This section shall not apply when a firearm is lawfully being carried on K. -Cox Printing — Salina, Kansas a person's body or within such close proximity as to be under the person's immediate control. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor if, as a result thereof, a minor gains access to a firearm and possesses such firearm in violation of K.S.A. 21-4201 and any amendments thereto; K.S.A. Supp . 21-4203, 21-4203a, or 21-4204, and any amendments thereto; or Chapter 25 of the Salina Code of the City of Salina, Kansas, and any amendments thereto. This section shall not apply if the minor obtains the firearm as a result of an unlawful entry by any person. (c) The following warning shall be conspicuously posted in every place of business where firearms are sold, 'It is unlawful to leave an unsecured firearm on any premise or any location if it is foreseeable that a minor may gain access to said firearm.' The letters in the sign shall be in block form not less than one inch in height. Violation of this Section is a Class B violation". Section 2. That the existing Section 25-1 of the Salina Code is hereby repealed. Section 3. 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: Jacqueline Shiever, CMC City Clerk Introduced: September 27, 1993 Passed: October 11, 1993 Peter F. Brungardt, ayor