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