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91-9475 Uniform Police CodeK.—C,. P ting —Sabina. Kansas J (Published in The Salina Journal November o2S , 1991) ORDINANCE NUMBER 91-9475 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 25 OF THE SALINA CODE PERTAINING TO UNIFORM POLICE OFFENSE CODE, AND REPEALING THE EXISTING CHAPTER. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Chapter 25 of the Salina Code is hereby amended to read as follows: Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Art. VIII. Art. IX. Art. X. Art. XI. Art. XII. "Chapter 25 OFFENSES, MISCELLANEOUS PROVISIONS General Provisions and Definitions, 25-1 - 25-40 Anticipatory Offenses, 25-41 - 25-50 Offenses Against Persons, 25-51 - 25-70 Sex Offenses, 25-71 - 25-80 Offenses Affecting Children, 25-81 - 25-90 Offenses Against Property, 25-91 - 25-110 Offenses Affecting Governmental Functions, 25-111 - 25-130 Offenses Against Public Peace, 25-131 - 25-150 Offenses Against Public Safety, 25-151 - 25-170 Offenses Against Public Morals, 25-171 - 25-180 Violations, Penalties, 25-181 - 25-190 Miscellaneous, 25-191 - 25-200 ARTICLE I. GENERAL PROVISIONS "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. "Section 25-2. 'Act'. A failure or omission to take action. "Section 25-3. '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. "Section 25-4. '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. "Section 25-5. 'Another'. A person or persons as defined in this code other than the person whose act is claimed to be an offense. KuhnLCOX P­­Q — Sauna. K... "Section 25-6. '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. "Section 25-7. '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. "Section 25-8. 'Conduct'. An act or series of acts, and the accompanying mental state. "Section 25-9. 'Conviction'. A judgment of guilt entered upon a plea or finding of guilt. "Section 25-10. '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. "Section 25-11. 'Deception'. Knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact. "Section 25-12. '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. "Section 25-13. '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. "Section 25-14. 'Intent 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. "Section 25-15. '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. "Section 25-16. 'Obtain'. To bring about a transfer of interest in or possession of property, whether to the offender or to another. "Section 25-17. '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. "Section 25-18. 'Owner'. A person who has any interest in property. "Section 25-19. 'Person'. An individual, public or private corporation, government, partnership or unincorporated association. Kinn Cox P—,,g — Salina. K..... "Section 25-20. '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. "Section 25-21. 'Property'. Anything of value, tangible or intangible, real or personal. "Section 25-22. 'Prosecution'. All legal proceedings by which a person's liability for an offense is determined. "Section 25-23. 'Public employee'. A person employed by or acting for the city and who is not a public officer. "Section 25-24. '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. "Section 25-25. '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. "Section 25-26. 'Real property or real estate'. Every estate, interest and right in lands, tenements and hereditaments. "Section 25-27. 'Solicit or solicitation'. To command, authorize, urge, incite, request or advise another to commit an offense. "Section 25-28. 'Stolen property'. Property over which control has been obtained by theft. "Section 25-29. 'Threat'. A communicated intent to inflict physical or other harm on any person or on property. "Section 25-30. 'Vessel'. Any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water. "Section 25-31. 'Written instrument'. Any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, 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. Kuhn -Cox Printing — Salina. Kansas "Section 25-32. Offenses and construction of terms. The provisions of the laws of the state relating to misdemeanors in reference to offenses and construction of terms insofar as the same relate to and are applicable shall apply to this chapter. "Section 25-33. Liability for offenses of another. (a) A person is criminally responsible for an offense committed by another if such person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense; (b) A person liable under subsection (a) hereof is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the offense intended; (c) A person liable under this section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense lacked criminal or legal capacity to commit the offense or has not been convicted or has been acquitted or has been convicted of some other degree of the offense or of some other offense based on the same act. "Section 25-34. Corporations, criminal responsibility; Individual. (a) Corporations; Criminal Responsibility. (1) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority. (2) Agent means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation. (b) Individual Liability for Corporate Offenses. (1) An individual who commits public offenses, or causes public offenses to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in his or her own name or on his or her own behalf; (2) An individual who has been convicted of an offense based on conduct performed by the individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such offense, although a lesser or different punishment is authorized for the corporation. "Sections 25-35 to 25-40. Reserved. ARTICLE II. ANTICIPATORY OFFENSES "Section 25-41. Attempt. (a) An attempt to commit any public offense is: (1) Any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense. M1n-Cox Priming — Salrne. K (2) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the offense was not possible. (b) An attempt to commit a Class A violation is a Class B violation. (c) An attempt to commit a Class B or C violation is a Class C violation. "Section 25-42. Conspiracy. (a) A conspiracy to commit a public offense is: (1) An agreement with another person to commit an offense made unlawful by this code, or to assist to commit an offense made unlawful by this code. No person may be convicted of a conspiracy unless an overt act in the furtherance of such conspiracy is alleged and proved to have been committed by him or her or by a co-conspirator. (2) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of his or her co-conspirators, before any overt act in furtherance of the conspiracy has been committed by the accused or by a co-conspirator. "Sections 25-43 - 25-50. Reserved. ARTICLE III. OFFENSES AGAINST PERSONS "Section 25-51. Battery. Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Battery is a Class B violation. "Section 25-52. Battery against law enforcement officer. Battery against a law enforcement officer is a battery, as defined in Section 25-6 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer other than a correctional officer or employee, while such officer is engaged in the performance of his or her duty. Battery against a law enforcement officer is a Class A violation. "Section 25-53. Vehicular battery. (a) Vehicular battery is unintentionally causing bodily harm to another human being which is done while committing a violation of K.S.A. 8-1566, 8-1567 or 8-1568, and amendments thereto, or any ordinance of this city which prohibits any of the acts prohibited by those statutes. Hunn-Cox Priming — Salina, Kansas (b) Vehicular battery is a Class A violation for which the offender, if the violation is committed while committing a violation of K.S.A. 8-1567 and amendments thereto or any ordinance of this city which prohibits any acts prohibited by that statute, shall: (1) Be fined not less than one thousand dollars ($1,000); (2) Not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least ninety (90) days' imprisonment; (3) Be required, as a condition of any grant of probation, suspension or reduction of sentence, parole or other release, to enter into and successfully complete an alcohol and drug safety action program or a treatment program as provided in K.S.A. 8-1008 and amendments thereto, or both the education and treatment programs; and (4) Have driving privileges suspended, or suspended and restricted, as provided by K.S.A. Supp. 8-1014. (c) As used in this section, bodily injury means great bodily harm, disfigurement or dismemberment. "Section 25-54. Assault. An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm. No bodily contact is necessary. Assault is a Class C violation. "Section 25-55. Assault of a law enforcement officer. Assault of a law enforcement officer is an assault, as defined in Section 25-54 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of his or her duty. Assault of a law enforcement officer is a Class A violation. "Section 25-56. Resisting arrest. It shall be unlawful for any person to assault or strike, or in any manner resist, obstruct or oppose any law enforcement officer, his deputy, or lawful assistant in the making of any lawful detention, stop or arrest. "Section 25-57. False information. It shall be unlawful for any person to make a statement or provide information known by such person to be false to any law enforcement officer to prevent, obstruct, impair or pervert the administration of law. "Section 25-58. Compliance with order. It shall be unlawful for any person to refuse to comply with an order of a law enforcement officer made in the performance of official duties. KuhlG-Pr 111 — Sauna_ Kansas "Section 25-59. Interfering with an officer. It shall be unlawful for any person to intentionally do any act or utter any word encouraging, inciting, or proposing or intending to encourage or incite, any person in the custody of a law enforcement officer, to prevent or hinder his or her arrest; and it shall be unlawful for any person to interfere, in any manner, with a law enforcement officer engaged in the discharge of any official duty. "Section 25-60. Unlawful interference with fire fighter. Unlawful interference with a fire fighter is knowingly and intentionally interfering with, molesting or assaulting, any fire fighter while engaged in the performance of his or her duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any fire fighter to reach the location of a fire. Unlawful interference with a fire fighter is a Class B violation. "Section 25-61. Water system property, hydrants; damaging, tampering with. It shall be unlawful for any person to open any hydrant or loosen the bolts, screws or fastenings thereof or put anything therein, or willfully, wantonly or carelessly injure any water pipes or wantonly or mischievously handle or meddle with the same or any part thereof within the city; provided, that the provisions of this section with reference to opening and loosening any bolts or screws and parts of such hydrants or insertion of anything therein, shall not apply to the members of the fire department of the city, the officers or authorities of the city or to any person having lawful authority to open, repair, touch or control or use the same. "Section 25-62. Unlawful restraint. Unlawful restraint is knowingly and without legal authority restraining another so as to interfere substantially with his or her liberty. This section shall not apply to acts done in the performance of duty by any authorized law enforcement officer of the city. Any merchant, his or her agent or employee, who has probable cause to believe that a person has actual possession of and (a) Has wrongfully taken; or (b) Is about to wrongfully take merchandise from a mercantile establishment may detain such person: (1) On the premises; or (2) In the immediate reasonable manner period of time investigating the possession. vicinity thereof, in a and for a reasonable for the purpose of circumstances of such Such reasonable detention shall not constitute an arrest nor an unlawful restraint. Unlawful restraint is a Class A violation. Kuhn -Cox Printing — Salina. Kansas "Section 25-63. Violation of protection from abuse order. (a) If a person enters or remains on premises or property violating an order issued pursuant to K.S.A. Supp. 60-3107(a)(2), and amendments thereto, such violation shall constitute criminal trespass. (b) If a person abuses, molests or interferes with the privacy or rights of another violating an order issued pursuant to K.S.A. Supp . 60-3107(a)(1), and amendments thereto, such violation may constitute assault or battery. "Sections 25-64 to 25-70. Reserved. ARTICLE IV. SEX OFFENSES "Section 25-71. Lewd, lascivious behavior. (a) Lewd and lascivious behavior is: (1) Engaging in sexual intercourse or sodomy with any person or animal with knowledge or reasonable anticipation that the participants are being viewed by others; or (2) The exposure of a sex organ in a public place, or in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another. Lewd and lascivious behavior is a Class B violation. "Section 25-72. Peeping toms. It shall be unlawful for any person to go upon the property owned or occupied by another for the purpose of looking into or peeping into any window, door, skylight or other opening in a house. "Sections 25-73 - 25-80. Reserved. ARTICLE V. OFFENSES AFFECTING CHILDREN "Section 25-81. Furnishing alcoholic liquor to a minor. (a) Furnishing alcoholic liquor to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor to any person under twenty-one (21) years of age. (b) It shall be a defense to a prosecution under this section if: (1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof; (2) The defendant sold the alcoholic liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and Kunn-Cox minting —Sarna. N (3) To purchase the alcoholic liquor, the minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was twenty-one (21) or more years of age. Furnishing alcoholic liquor to a minor is a Class B violation for which the minimum fine is two hundred dollars ($200). "Section 25-82. Furnishing cereal malt beverage to a minor. (a) Furnishing cereal malt beverage to a minor is buying for or selling, giving or furnishing, whether directly or indirectly, any cereal malt beverage to any person under 21 years of age. (b) This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward. (c) It shall be a defense to a prosecution under this section if: (1) The defendant is a licensed retailer, or an employee thereof; (2) The defendant sold the cereal malt beverage to the person with reasonable cause to believe that such person was twenty-one (21) or more years of age; and (3) To purchase the cereal malt beverage, the person exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such person was twenty-one (21) or more years of age. Furnishing cereal malt beverage to a minor is a Class B violation for which the minimum fine is two hundred dollars ($200) . "Section 25-83. Watercraft, lifesaving devices required. The operator of every vessel shall require every person twelve (12) years of age or under to wear a United States Coast Guard approved type I, type II or type III personal flotation device while aboard or being towed by such vessel. A life belt or ring shall not satisfy the requirement of this section. Violation of this section shall constitute a Class C violation. "Sections 25-84 - 25-90. Reserved. ARTICLE VI. OFFENSES AGAINST PROPERTY "Section 25-91. Theft. Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner's property: (1) Obtaining or exerting unauthorized control over property; or Kuhn-Gox Printing — Sal aKansas (2) Obtaining by deception, control over property; or (3) Obtaining by threat, control over property; or (4) Obtaining control over stolen property knowing the property to have been stolen by another. Theft of property of the value of less than five hundred dollars ($500) is a Class A violation. "Section 25-92. Intent: permanently deprive. (a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof: (1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property; or (2) The failure of a person who leases or rents personal property and fails to return the same within ten (10) days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven (7) days after receipt of the notice, in which case the subsequent return of the property within the seven (7) day period shall exempt such transaction from consideration as prima facie evidence as provided in this section. (b) In any prosecution in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within thirty (30) days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the thirty (30) day period shall exempt such transaction from consideration as prima facie evidence as provided in this section. (c) The word notice as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three (3) days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library materials at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person's last known address. "Section 25-93. Theft; lost, mislaid property. Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property. Theft of lost or mislaid property is a Class A violation. Kuhn -Cox Printing —Salina, Kansas "Section 25-94. Theft of services. Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device. Services within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, entertainment and the supplying of equipment for use. Theft of services of the value of less than five hundred dollars ($500) is a Class A violation. "Section 25-95. Unlawful deprivation of property. Unlawful deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of his or her property. Unlawful deprivation of property is a Class A violation. "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 A violation 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 25-97. Criminal trespass. Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person who knows he or she is not authorized or privileged to do so, and: (1) 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 (2) 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 "- C- — SaIj— Ka — (3) 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. Criminal trespass is a Class B violation. "Section 25-98. Littering. Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about: (1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water except by direction of some public officer or employee authorized by law to direct or permit such acts; or (2) Any private property without the consent of the owner or occupant of such property. Littering is a Class C violation. "Section 25-99. Tampering with a landmark. Tampering with a landmark is willfully and maliciously: (1) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof; or (2) Defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary; or (3) Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks; or (4) Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or (5) Defacing or altering any inscription on any such marker or monument; or (6) Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011. Tampering with a landmark is a Class C violation. Nuhn -Cox Printing — Salina, Kansas "Section 25-100. Tampering with a traffic signal. Tampering with a traffic signal is intentionally manipulating, altering, destroying or removing any light, sign, marker, railroad switching device, or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft. Tampering with a traffic signal is a Class C violation. "Sections 25-101 to 25-110. Reserved. ARTICLE VII. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS "Section 25-111. Compounding an offense. Compounding an offense is accepting or agreeing to accept anything of value as consideration for a promise not to initiate or aid in the prosecution of a person who has committed an offense. Compounding an offense is a Class A violation. "Section 25-112. Obstructing legal process or official duty. Obstructing legal process or official duty is knowingly and willfully obstructing, resisting, opposing or interfering with any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty. Obstructing legal process or official duty in a case of violation or a civil case is a Class A violation. "Section 25-113. Escape from custody. (a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a public offense. (b) As used in this section: (1) 'Custody' means arrest; detention in a facility for holding persons charged with or convicted of offenses; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; or any other detention for law enforcement purposes. Custody does not include general supervision of a person on probation or parole or constraint incidental to release on bail. (2) 'Escape' means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court. Escape from custody is a Class A violation. I(—Cox ling — Salina. Kansas "Section 25-114. Same, aiding escape. It shall be unlawful for any person to: (1) Assist another who is in lawful custody on a charge or conviction of a crime to escape from such custody; or (2) Supply to another who is in lawful custody on a charge or conviction of crime, any object or thing adapted or designed for use in making an escape, with intent that it shall be so used; or (3) Introduce into an institution in which a person is confined on a charge or conviction of crime any object or thing adapted or designed for use in making any escape, with intent that it shall be so used. "Section 25-115. Falsely reporting an offense. Falsely reporting an offense is informing a law enforcement officer that an offense has been committed, knowing that such information is false and intending that the officer shall act in reliance upon such false information. Falsely reporting an offense is a Class A Violation. "Section 25-116. Simulating legal process. Simulating legal process is: (1) Sending or delivering to another any document which simulates or purports to be or is reasonably designed to cause others to believe it to be a summons, petition, complaint, or other judicial process, with intent thereby to induce payment of a claim; (2) Printing, distributing or offering for sale any such document, knowing or intending that it shall be so used. This section does not apply to the printing, distribution or sale of blank forms of legal documents intended for actual use in judicial proceedings. Simulating legal process is a Class A violation. "Section 25-117. Tampering with public record. Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing removing or concealing any public record. Tampering with a public record is a Class A violation. "Section 25-118. Tampering with public notice. Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time the notice is required or authorized to remain posted. Tampering with a public notice is a Class C violation. K,hrvCM Sabina_ Kansas "Section 25-119. False signing of petition. False signing of a petition is the affixing of any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the State of Kansas or any of its political subdivisions. False signing of an official petition is a Class C violation. "Section 25-120. False impersonation. False impersonation is representing one's self to be a public officer or employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws or the State of Kansas, with knowledge that such representation is false. False impersonation is a Class B violation. "Section 25-121. Interference; conduct, public business in public building. Interference with the conduct of public business in public buildings is: (1) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to willfully deny to any public official, public employee, or any invitee on such premises, the lawful rights of such official, employee, or invitee to enter, to use the facilities, or to leave, any such public building; (2) Willfully impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof; (3) Willfully refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or his or her designee, charged with maintaining order in such public building, if such person is committing, threatens to commit, or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in such public building; (4) Willfully impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body, or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body, or any official engaged in the performance of duties at such meeting or session; Kinn-Gox P -1i — Sabine_ Ka — (5) Willfully impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official. Interference with the conduct of public business in public buildings is a Class A violation. "Section 25-122. Interference with police dogs. (a) It shall be unlawful for any person to strike, abuse, tease, harass, or assault any dog being used by the city for the purpose of performing the duties of a police dog regardless of whether the dog is on duty or off. (b) It shall be unlawful for any person to interfere with a dog being used by the police department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handler of his or her control of the dog. Violation of this section is a Class C violation. "Sections 25-123 to 25-130. Reserved. ARTICLE VIII. OFFENSES AGAINST PUBLIC PEACE "Section 24-131. Disorderly conduct. Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace: (1) Engaging in brawling or fighting; or (2) Disturbing an assembly, meeting or procession, not unlawful in its character; or (3) Using offensive, obscene or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others; or (4) Urinate/defecate in public Disorderly conduct is a Class C Violation. "Section 25-132. Disturbing the peace. (a) It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Salina. (b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto. "Neighboring inhabitants" shall include persons living within or occupying residential districts of Kuhn-Gor Printing —Salina. Kansas single or multi -family dwellings and shall include areas where multiple -unit dwellings and high-density residential districts are located. (c) No person shall congregate with other persons because of, participate in, or be in any part or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit or within the vicinity of a residential dwelling unit wherein such party or gathering of people is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this section. (d) It shall be unlawful for any person, while operating, driving, or parking in a motor vehicle, to use or operate any electronic device, radio, television, tape player, compact disk player or other device for the producing or reproducing of sound in such a manner that it disturbs the peace, quiet and comfort of persons in the vicinity of the motor vehicle. Unless a person is operating under a loud speaker permit issued pursuant to Section 3.5 of the Salina Code, it shall be a violation of this section if the sound emanating from the electronic device, radio, television, tape player, compact disc player or other device for producing or reproducing sound in or on the motor vehicle is clearly audible from a distance of fifty (50) feet. (e) Statement of intent. No provision of this Section shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this Section to protect individuals from unreasonable intrusions caused by excessive, unnecessary unreasonable or unusually loud noises. "Section 25-133. Unlawful assembly. Unlawful assembly is the meeting or coming together of not less than five persons for the purpose of engaging in conduct constituting either disorderly conduct, as defined by Section 25-131 of this article or a riot, as defined by Section 25-135 of this article, or when in a lawful assembly of not less than five persons, agreeing to engage in such conduct. Unlawful assembly is a Class B violation. "Section 25-134. Remaining at unlawful assembly. Remaining at an unlawful assembly is willfully failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer. Remaining at an unlawful assembly is a Class A violation. Kuhn -Cox Printing — Salina. Kansas "Section 25-135. Riot. Riot is any use of force or violence which produces a breach of the public peace, or any threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution, by five or more persons acting together and without authority of law. Riot is a Class A violation. "Section 25-136. Loitering or trespassing on grounds of any public or private school or institution. (a) It shall be unlawful for any person to loiter or trespass on or about the premises and grounds of any public or private school; of the public library; or around any assembly of persons at school or public activities or athletic events whether or not such events are being conducted by public or private school authorities. (b) It shall be unlawful for any person or student who is not regularly enrolled in a public or private school; or who has been suspended or dismissed from a public or private school; to persist in staying or remaining on or about the premises or grounds without any lawful purpose. "Section 25-137. Maintaining a public nuisance. Maintaining a public nuisance is by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare. Maintaining a public nuisance is a Class C violation. "Section 25-138. Permitting a public nuisance. Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance, as defined in Section 25-137 of this article. Permitting a public nuisance is a Class C violation. "Section 25-139. Giving a false alarm. The giving of a false alarm is: (1) Initiating or circulating a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is baseless and under such circumstances that is likely to cause evacuation of a building, place of assembly or facility of public transport or to cause public inconvenience or alarm; (2) Transmitting in any manner to the fire department of any city, township or other municipality, a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or Kuhn -Cox PIIIN19 — Salina. Kansas (3) Making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K. S. A. 12-5301 et seq. , and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. Giving a false alarm is a Class A violation. "Section 25-140. Desecrating a cemetery. Desecrating a cemetery is knowingly and without authorization of law: (1) Destroying, cutting, mutilating, defacing or otherwise injuring, tearing down or removing any tomb, monument, memorial or marker in a cemetery, or any gate, door, fence, wall, post or railing or any enclosure for the protection of a cemetery or any property in a cemetery; (2) Obliterating any grave, vault, niche or crypt; or (3) Destroying, cutting, breaking or injuring any building, statuary, ornamentation, tree, shrub or plant within the limits of a cemetery. Desecrating a cemetery is a Class A violation if the damage is to the extent of less than five hundred dollars ($500). "Section 25-141. Harassment by telephone. Harassment by telephone is use of telephone communication for any of the following purposes: (1) Making any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent; or (2) Making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number; or (3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number; or (4) Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or (5) Playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall identify itself or himself or herself and state that it is a recording; or (6) Knowingly permitting any telephone under one's control to be used for any of the purposes mentioned herein. Harassment by telephone is a Class A violation. "Sections 25-142 - 25-150. Reserved. Kuhn -Cox Priming — Sabina. Kansas ARTICLE IX. OFFENSES AGAINST PUBLIC SAFETY "Section 25-151. Unlawful use of weapons. (a) Unlawful use of weapons is knowingly: (1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch -blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement; (2) Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight -edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument; (3) Carrying on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance; (4) Carrying any pistol, revolver or other firearm concealed on one's person except when on the person's land or in the person's abode or fixed place of business; (5) Setting a spring gun; (6) Possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; (b) Subsections (a)(1), (2), (3) and (4) shall not apply to or affect any of the following: (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; (3) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or (4) Manufacture of, transportation to, or sale of weapons to a person authorized under (b)(1) through (b)(3) this section to possess such weapons. Ku Cm Priming — Salina_Kansas (c) Subsection (a) (4) shall not apply to or affect the following: (1) Watchmen, while actually engaged in the performance of the duties of their employment; (2) Licensed hunters or fishermen, while engaged in hunting or fishing; (3) Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment; (4) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or (5) The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto. (d) Subsections (a)(1) and (6) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq . in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor. (e) It shall be a defense that the defendant is within an exemption. Violation of this section is a Class B violation. "Section 25-152. Hostile demonstrations with dangerous weapons. It shall be unlawful for any person to make any demonstration in a hostile manner with any dangerous or deadly weapon against the person or property of another; provided, that the provisions of this section shall not apply to officers of the law and their deputies in the performance of their duties. "Section 25-153. Confiscation, disposition of weapons. (a) Upon conviction of a violation of Sections 25-151 or 25-152 of this article, any weapon seized in connection therewith shall remain in the custody of the trial court. Kuh C.. — Sabina. Kansas (b) Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons when no longer needed for evidentiary purposes, shall in the discretion of the trial court, be destroyed, preserved as city property, forfeited to the law enforcement agency seizing the weapon or sold and the proceeds of such sale shall be paid to the city general fund. All weapons forfeited to any law enforcement agency may be traded for materials for use by such law enforcement agency or sold and the proceeds thereof used for law enforcement purposes. "Section 25-154. Unlawful discharge of firearms. Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol, revolver or other firearm within the city. This section shall not be construed to apply: (1) To the discharge of firearms by any duly authorized law enforcement officer when necessary in the discharge of his or her official duties; (2) To the discharge of firearms in any licensed shooting gallery; (3) To firing squads for ceremonials; nor (4) To a legitimate gunsmith in pursuit of his or her trade. Unlawful discharge of firearms is a Class B violation. "Section 25-155. Air gun, air rifle, bow and arrow, slingshot or BB gun. The unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot or BB gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape. Unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun is a Class C violation. "Section 25-156. Seizure of weapon. The chief of police of the city or his or her duly authorized representative is hereby empowered to seize and hold any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of Section 25-155 of this article, and is further empowered to seize and hold as evidence pending a hearing before a court of competent jurisdiction any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of Section 25-155. Kuhn-C,H Printing — Sabine. Kansas "Section 25-157. Unlawful aiding, abetting. It shall be unlawful for any person to conspire to or aid and abet in the operation or discharging or causing to be operated or discharged any air gun, air rifle, bow and arrow, BB gun or slingshot except as provide in Section 25-155 within the city, whether individually or in connection with one or more persons or as principal, agent or accessory, and it is further unlawful for every parent or guardian of a minor child who willfully or knowingly permits or directs the operation or discharge of any air gun, air rifle, bow and arrow, BB gun or slingshot by such minor child within the city except as provided in Section 25-63 of this article. Violation of this section is a Class C violation. "Section 25-158. Creating a hazard. Creating a hazard is: (1) Storing or abandoning in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container; or (2) Being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located and knowingly failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or (3) Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children. Creating a hazard is a Class B violation. "Section 25-159. Unlawful failure to report a wound. Unlawful failure to report a wound is the failure by an attending physician or other person to report to the chief of police his or her treatment of: (1) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or (2) Any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument. Unlawful failure to report a wound is a Class C violation. "Sections 25-160 to 25-170. Reserved. Kuhn -Cox Psi -g — Sabina, Kansas ARTICLE X. OFFENSES AGAINST PUBLIC MORALS "Section 25-171. Gambling. Definitions of gambling terms used in this section shall be as follows: (a) A 'bet' is a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include: (1) Bona fide business transactions which are valid under the laws of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance; (2) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such a contest; (3) A lottery as defined in this section; (4) Any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo; (5) A lottery operated by the state pursuant to the Kansas lottery act; or (6) Any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act. (b) A 'lottery' is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. As used in this subsection, a lottery does not include a lottery operated by the state pursuant to the Kansas lottery act. (c) 'Consideration' means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Consideration does not include: (1) Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature. Kuhn -Cox Painting — Sauna. Kansas (2) Sums of money paid by or for participants in any bingo game managed, operated or conducted in accordance with the laws of the state of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the state of Kansas and it shall be conclusively presumed that such sums paid by or for such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations; (3) Sums of money paid by or for participants in any lottery operated by the state pursuant to the Kansas lottery act; or (4) Sums of money paid by or for participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act. (d) A 'gambling device' is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device. (e) A 'gambling place' is any place, room, building, vehicle, tent or location which is used for any of the following: (1) Making and settling bets; (2) Receiving, holding, recording or forwarding bets or offers to bet; (3) Conducting lotteries; or (4) Playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place. (f) 'Gambling' i s : (1) Making a bet; (2) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device. Gambling is a Class B violation. K-1 Co. Pooling — Salina. Kansas "Section 25-172. Permitting premises to be used for commercial gambling. Permitting premises to be used for commercial gambling is intentionally: (1) Granting the use or allowing the continued use of a place as a gambling place; (2) Permitting another to set up a gambling device for use in a place under the offender's control. Permitting premises to be used for commercial gambling is a Class B violation. "Section 25-173. Possession of a gambling device. (a) Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee or otherwise of any gambling device. (b) It shall be a defense to a prosection under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950. (c) It shall be a defense to a prosecution under this section that the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seg.) or a transporter under contract with such manufacturer with intent to transfer for use: (1) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission; (2) By a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission; or (3) In a state other than the State to Kansas. Possession of a gambling device is a Class B violation. "Sections 25-174 to 25-180. Reserved. ARTICLE XI. VIOLATIONS, PENALTIES "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 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 months; Kuhn-Cox P-1,—Serine K-... (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 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. (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) . (2) Class B violation, a sum not exceeding one thousand dollars ($1,000). (3) Class C violation, a sum not exceeding five hundred dollars ($500) . (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. "Sections 25-183 to 25-190. Reserved. ARTICLE XII. MISCELLANEOUS "Section 25-191. Application; Kansas Criminal Code. The provisions of the Kansas Criminal Code (K.S.A. 21-3101:4621, inclusive and amendments thereto), which are in their nature applicable to the jurisdiction of the city and in respect to which no special provision is made by ordinance of the city are applicable to this criminal code. Kuh, Cox P—t Salina, Kansas "Section 25-192. Severability. If any provision of this code is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby." Section 2. That the existing Chapter 25 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) ATTER: SLww Jacqu ine Shiever, City Clerk Introduced: November 4, 1991 Pa sed: ovember 18, 1991 Stephen C. R , Mayor