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 LAWRENCE, KANSAS:

Section 1.  Section 14-204 of the Code of the City of Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

          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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

          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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

14-311       INTERFERENCE WITH THE CONDUCT OF PUBLIC BUSINESS IN A PUBLIC BUILDING

(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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is hereby enacted:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 United States or the Kansas National Guard while in the performance of their official duty.

(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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is amended to read as follows:

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 Lawrence, December 2003 Edition and amendments thereto is hereby repealed.

Section 15.  Section 14-504 of the Code of the City of Lawrence, December 2003 Edition and amendments thereto is hereby amended to read as follows:

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 Lawrence or a law of the State of Kansas.

(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 Lawrence, December 2003 Edition and amendments thereto is hereby repealed.

Section 17.  Section 14-603 of the Code of the City of Lawrence, December 2003 Edition and amendments thereto is hereby amended to read as follows:

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