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.
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'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