ORDINANCE NO. 8021
AN ORDINANCE OF THE CITY OF
LAWRENCE, KANSAS AMENDING PORTIONS OF CHAPTER 14 OF THE CODE OF THE CITY OF
LAWRENCE, DECEMBER 2003 EDITION AND AMENDMENTS THERETO, THE PUBLIC OFFENSE
CODE.
NOW,
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
Section
1. Section 14-204 of the Code of the
City of
14-204
General Penalty
Any
person violating any of the provisions of this Chapter shall upon conviction
thereof, be punished by a fine of not less than $25.00 more than $500.00 or by
imprisonment for not more than one (1) year, or by both such fine and
imprisonment, absent a specific or unique punishment prescribed.
Whenever any offense is
declared by any provision of this Chapter, absent a specific or unique
punishment otherwise prescribed, the offender shall be punished in accordance
with this section.
(A) A
fine of not less than $1 or more than $1,000; or
(B) A jail term not more than 180
days; or
(C) Both a fine and jail term in an
amount not to exceed the amounts specified in subsections (A) and (B) above.
Section
2. Section 14-301 of the Code of the
City of
14-301 Criminal Trespass
(A) No person shall commit criminal
trespass. Criminal trespass is defined
as:
(1) Entering or remaining upon or in any land,
nonnavigable body of water, structure, vehicle, aircraft or watercraft other
than railroad property as defined in
K.S.A. 21-3761 and amendments thereto by a person who knows such person is
not authorized or privileged to do so, and:
(a) 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
(b)
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)
such person enters or remains
therein in defiance of a restraining order issued pursuant to K.S.A. 60-31a05, 60-31a06, K.S.A. 60-1607, 60- 3105,
60-3106 or 60-3107 or K.S.A. 38-1542, 38-1543 or 38-1563, and amendments
thereto, and the restraining order has been personally served upon the
person so restrained; or
(2) entering or remaining upon
or in any public or private land or structure in a manner that interferes with
access to or from any health care facility by a person who knows such person is
not authorized or privileged to do so and such person enters or remains thereon
or therein in defiance of an order not to enter or to leave such land or
structure personally communicated to such person by the owner of the health
care facility or other authorized person.
(3)
Entering upon the roof of any building without the permission of the owner, the
owner’s designee, or a tenant of the building. This subsection shall not
apply to:
(a) Law enforcement officers, firefighters, and
emergency medical personnel, during the course of their employment.
(b) Employees of any company providing utility
service to the building, during the course of their employment, when roof
access is immediately necessary to restore utility service or prevent damage to
the building or the utility’s infrastructure.
(c) Individuals who enter upon the roof to
escape a structure fire or other natural disaster.
(B) As used in this section:
(1) 'Health care facility'
means any licensed medical care facility, certificated health maintenance
organization, licensed mental health center, or mental health clinic, licensed
psychiatric hospital or other facility or office where services of a health
care provider are provided directly to patients.
(2) 'Health care provider'
means any person:
(a) Licensed to practice a
branch of the healing arts;
(b) licensed to practice psychology;
(c) licensed to practice
professional or practical nursing;
(d) licensed to practice
dentistry;
(e) licensed to practice
optometry;
(f) licensed to practice
pharmacy;
(g) registered to practice
podiatry;
(h) licensed as a social
worker; or
(i) registered to practice
physical therapy.
(C) Any
person convicted of a violation of this section shall be fined in an amount not
to exceed $1000, or sentenced to a jail term not to exceed 180 days, or both
fined and jailed. Upon a conviction of a
violation of subsection (A)(1)(c), a person shall be sentenced to not less than
48 consecutive hours of imprisonment which must be served either before or as a
condition of any grant of probation or suspension, reduction of sentence or
parole.
(D) This section shall not
apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the
Kansas Statutes Annotated, and amendments thereto, and such surveyor's
authorized agents and employees who enter upon lands, waters and other premises
in the making of a survey.
Section
3. Section 14-304 of the Code of the
City of
14-304.
Theft
(A) No person shall commit 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;
(2) Obtaining by deception control over
property;
(3) Obtaining by threat control over property;
or
(4) Obtaining control over stolen property knowing the property to
have been stolen by another.
(B)
Penalty
(1)
Any person convicted of the
crime of theft shall be punished by a fine not to exceed $2500, or a jail term
not to exceed one year, or both such fine and jail term.
(2)
Theft of property of a value less than $1000.00 is a misdemeanor, and may be prosecuted in municipal court,
unless:
(a) The theft is committed by a person who has
been convicted of theft two or more times, or
(b) The theft in question constitutes a part of
thefts from three of more separate mercantile establishments within a period of
72 hours as part of the same act or transaction or in two or more acts or
transactions connected together or constituting parts of a common scheme or
course of conduct.
In either such circumstance, the theft is classified
as a felony under K.S.A. 21-3701.
Section
4. Section 14-306 of the Code of the
City of
14-306 THEFT OF LOST OR MISLAID PROPERTY
(A) Theft of lost or mislaid property is
failure to take reasonable measures to restore lost or mislaid property to the
lawful 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.
(B)
Any person who is convicted
of a violation of this section shall be punished by a fine not to exceed $2500
or a jail term not to exceed one year, or both such fine and jail term.
Section
5. Section 14-307 of the Code of the
City of
14-307 THEFT
OF SERVICES
(A) No person shall commit theft of
services. Theft of services is to obtaining services from another by deception, threat, coercion, stealth,
tampering or use of false token or device.
(B) "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, lodging, entertainment and the supplying of equipment for use.
(C)
“Tampering” within the
meaning of this section, includes, but is not limited to:
(1) Making a connection of any
wire, conduit or device, to any service or transmission line owned by a public
or municipal utility, or by a cable television service provider;
(2) defacing, puncturing,
removing, reversing or altering any meter or any connections, for the purpose
of securing unauthorized or unmeasured electricity, natural gas, telephone
service or cable television service;
(3) preventing any such meters
from properly measuring or registering;
(4) knowingly taking,
receiving, using or converting to such person's own use, or the use of another,
any electricity or natural gas which has not been measured; or any telephone or
cable television service which has not been authorized; or
(5) causing, procuring,
permitting, aiding or abetting any person to do any of the preceding acts.
(D)
In any prosecution under
this section, the existence of any of the connections of meters, alterations or
use of unauthorized or unmeasured electricity, natural gas, telephone service
or cable television service, specified in subsection (C), shall be prima facie
evidence of intent to violate the provisions of this section by the person or
persons using or receiving the direct benefits from the use of the electricity,
natural gas, telephone service or cable television service passing through such
connections or meters, or using the electricity, natural gas, telephone service
or cable television service which has not been authorized or measured.
(E)
Any person who is convicted
of a violation of this section alleging a theft of services less than $1000 in
value shall be punished by a fine not to exceed $2500 or a jail term not to
exceed one year, or both such fine and jail term.
Section
6. Section 14-308 of the Code of the
City of
14-308 CRIMINAL DEPRIVATION OF PROPERTY
(A) No person
shall criminally deprive a person of property. Criminal 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 such owner's property.
(B) Criminal deprivation of
property other than a motor vehicle is a misdemeanor. Upon conviction of a violation of this
section, an offender shall punished by a fine in an amount not to exceed $2500
or a jail term not to exceed one year, or both such fine and jail term. Upon a second or subsequent conviction of
this subsection, a person shall be sentenced to not less than 30 days imprisonment
and fined not less than $100.00, except that the provisions of this subsection
relating to a second or subsequent conviction shall not apply to any person
where such application would result in a manifest injustice.
Section
7. Section 14-311 of the Code of the City of
14-311 INTERFERENCE
WITH THE CONDUCT OF PUBLIC BUSINESS IN A
(A) No person shall
interfere with the conduct of public business in public buildings. 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 intentionally 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) Intentionally 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) Intentionally refusing or failing
to leave any such public building upon being requested to do so by the chief
administrative officer, or such officer's 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) Intentionally 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 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; or
(5) Intentionally 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.
(B) Any person convicted of a violation of this
section shall be punished by a fine not to exceed $2500, or a jail term not to
exceed one year, or both such fine and jail term.
Section
8. Section 14-403 of the Code of the City
of
14-403
UNLAWFUL ASSEMBLY
No
persons, two or more in number, shall assemble with intent to do any unlawful
act of force or violence against the person or property of another or to do any
unlawful act against the peace, or being lawfully assembled shall agree with
each other to do any unlawful act aforesaid, and shall make any movement or
preparation therefor.
No person shall engage in 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 14-409 of this
code and amendments thereto, or a riot, as defined by K.S.A. 21-4104 and
amendments thereto, or when in a lawful assembly of not less than five persons,
agreeing to engage in such conduct.
Section
9. Section 14-403.1 of the Code of the
City of
14-403.1 REMAINING
AT AN UNLAWFUL ASSEMBLY
(A)
No person shall
remain at an unlawful assembly.
Remaining at an unlawful assembly is intentionally failing to depart
from the place of an unlawful assembly after being directed to leave by a law
enforcement officer.
(B)
Any person convicted of a
violation of this section shall be punished by a fine not to exceed $2500, or a
jail term not to exceed one year, or both such fine and jail term.
Section
10. Section 14-405 of the Code of the
City of
14-405 MISSILES
(A) No person in this City shall
throw, bat or by other means propel any ball, stone or other hard substance
into, on or across any street or alley in any public place or at or against any
building or vehicle, or at or toward any person with the intent to strike,
harm, injure or damage any person or property.
(B) For the purposes of this
Section, the act of throwing, batting, or by other means propelling any ball,
stone or other hard substance into, on or across any street shall be deemed
prima facie evidence of the intent to strike, harm, injure or damage other
persons or property.
(C)
Exceptions
(1)
It shall not be illegal under this Section to throw,
bat or propel a ball toward any person with intent to strike that person when
both the individual throwing, batting or propelling the ball and the person who
is the target of the thrown, batted or propelled ball are consensually engaged
in a sporting or recreational activity and the risk of being struck by a
thrown, batted or propelled ball is an inherent part of that activity.
(2)
It shall not be illegal under this Section for a
person to throw, bat or propel a ball or other hard substance against a
building with the intent to strike the building if the person has the
permission of the owner of the building to conduct such activity.
Section
11. Section 14-406 of the Code of the
City of
14-406 CARRYING CONCEALED WEAPONS
Any
person who is not an officer of the law, or a deputy to such officer, who shall
be found within the limits of the City, carrying on his or her person or in any
container carried by the person, e.g., purse, backpack, sack in a concealed
manner any firearm, bowie knife, dirk, slingshot, knucks, or any other deadly
weapon, shall be guilty of a misdemeanor.
(A)
It shall be unlawful for an individual to carry concealed
on his or her person, or possess with intent to use the same unlawfully against
another, a dagger, dirk, billy, blackjack, slungshot, 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.
(B)
It shall be unlawful for an individual to carry any
pistol, revolver or other firearm concealed on his or her person except when he
or she is on the person's land or in the person's abode or fixed place of
business;
(C)
Exceptions
(1)
No part of this Section prohibiting the carrying of a
concealed weapon shall apply to:
(a)
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.
(b)
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.
(c)
Members of the
armed services or reserve forces of the
(2)
No part of this Section dealing with carrying a
concealed revolver, pistol or firearm shall apply to:
(a)
Watchmen, while actually engaged in the performance of
the duties of their employment.
(b)
Private detectives licensed by the state to carry the
firearm involved, while actually engaged in the duties of their employment;
(c)
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.
(d)
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.
(e)
Special deputy sheriffs described in K.S.A. 19-827,
and amendments thereto, who have satisfactorily completed the basic course of
instruction required for permanent appointment as a part-time law enforcement
officer under K.S.A. 74-5607a and amendments thereto.
(f)
Any person licensed to carry a concealed firearm under
the Kansas Personal and Family Protection Act, and amendments thereto, at such
times and in such places as the person would be allowed to lawfully carry a
concealed firearm under that act.
(D) Any person convicted of a violation of this
section shall be punished by a fine not to exceed $2500, or a jail term not to
exceed one year, or both such fine and jail term.
Section
12. Section 14-407 of the Code of the
City of
14-407 DISCHARGING FIREARMS.
No person shall discharge or fire off any firearms
of any kind within this City. The provisions of this Section shall not
apply however, to the discharge of firearms by officers of the law, when
necessary in the discharge of their official duties, to the discharge of
firearms in any licensed shooting gallery in this City, or to any officer or enlisted
man of the Kansas National Guard while in the discharge of his or her duty, or to any person using such firearm to
lawfully defend his or her person, property or dwelling.
Section
13. Section 14-502 of the Code of the
City of
14-502
INTERFERENCE WITH DUTIES OF
POLICE OR OTHER PUBLIC OFFICER
(A)
If any person shall knowingly or willfully obstruct, resist or oppose
any police officer or any other ministerial
officer person
authorized by federal law, state law or city ordinance to serve process while
such officer is engaged in the discharge of his or her any lawful duty, such person
shall, upon conviction, be guilty of a misdemeanor.
(B)
Any person convicted of a
violation of this section shall be punished by a fine not to exceed $2500, or a
jail term not to exceed one year, or both such fine and jail term.
Section
14. Section 14-503 of the Code of the
City of
Section
15. Section 14-504 of the Code of the
City of
14-504
PRISONERS ESCAPING FROM
CUSTODY
No person shall escape from the City jail or from
lawful custody of any police officer.
(A)
No person shall escape from custody or knowingly aid
or assist another person to commit a violation of this section. Escape from custody is escaping while held in
lawful custody on a charge of or conviction for a violation of an ordinance of
the City of
(B)
Definitions
(1)
"Custody" means arrest; detention in a
facility for holding persons charged with or convicted of crimes; detention in
a facility for holding persons adjudicated as juvenile offenders; detention
imposed as a specific condition of probation or parole; 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. A person ordered into custody by the
Municipal Court is in custody for the purposes of this section from the time of
that order, and remains in such custody until released by the Court.
(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.
(C)
A violation of this section shall be punished by a
fine of no more than $2500 or a jail term not to exceed one year or both such
fine and jail term.
Section
16. Section 14-505 of the Code of the
City of
Section
17. Section 14-603 of the Code of the
City of
14-603 WINDOW PEEPING
It shall be unlawful for any person to trespass enter or
remain upon the property owned or lawfully occupied by another in the City
without the occupant’s or, in the case of
unoccupied property, the owner’s permission for the purpose of looking or
peeping into any window, door, skylight or other opening in a house, room or
building. or to loiter in a public
street, alley, parking lot or other public place for the purpose of wrongfully
observing.
Section
18. Severability. If any
section, clause, sentence, or phrase of this ordinance is found to be
unconstitutional or is otherwise held invalid by any court of competent jurisdiction,
it shall not affect the validity of any remaining parts of this ordinance.
Section
19. Effective
Date. This ordinance shall take
effect and be in full force and effect following its adoption and publication
as provided by law.
Adopted this ________________ day of ________________, 2006.
PASSED:
Mike
Amyx, Mayor
ATTEST:
Frank
S. Reeb, City Clerk
APPROVED
AS TO FORM AND LEGALITY:
David
L. Corliss, Interim City Manager