CHAPTER V. PUBLIC OFFENSESCHAPTER V. PUBLIC OFFENSES\Article 3. Miscellaneous Offenses

It shall be unlawful for any person, firm or corporation to post or place or cause to be posted or placed any written or printed material upon any public property or upon private property without the consent of the owner thereof. Unlawful posting is an unclassified misdemeanor.

(Ord. 2777)

It shall be unlawful for any corporation owning or operating a railway within the corporate limits of the city which railway crosses any street to allow its trains, engines or cars to stand upon any crossing or street for a period exceeding ten (10) minutes at any one time without leaving an opening in the traveled portion of the crossing or street at least thirty (30) feet in width. Blocking crossings is an unclassified misdemeanor.

(Ord. 2777)

(a)   Purpose. The purpose of this section is to: (1) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) promote the safety and well-being of the city’s youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (3) foster and strengthen parental responsibility for children.

(b)   It shall be an infraction violation for any child under the age of eighteen (18) years to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, between the hours of 12:00 midnight and 6:00 a.m., unless:

(1)   The minor is accompanied by a parent or legal guardian; or

(2)   The minor is involved in an emergency; or

(3)   The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or

(4)   The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or

(5)   The minor is involved in interstate travel through, or beginning or terminating in, the City of Abilene; or

(6)   The minor is on the sidewalk directly abutting a place where he or she resides with a parent or guardian.

(c)   It shall be unlawful for any parent or legal guardian to allow knowingly or unknowingly, by lack of sufficient control, any minor to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, between the hours of 12:00 midnight and 6:00 a.m., unless:

(1)   The minor is accompanied by a parent or legal guardian; or

(2)   The minor is involved in an emergency; or

(3)   The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or

(4)   The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or

(5)   The minor is involved in interstate travel through, or beginning or terminating in, the City of Abilene; or

(6)   The minor is on the sidewalk directly abutting a place where he or she resides with a parent or guardian.

No citation shall be issued to a parent or legal guardian on a first time offense committed by a minor. Parents or legal guardians may be issued a citation for second and subsequent offenses committed by the same minor.

(d)   Section (b) is a “status offense” punishable by fine only in the municipal court. Section (c) shall be an unclassified misdemeanor. Both the juvenile and a parent must appear before the Municipal Court on this complaint.

(Ord. 2777; Ord. 3047)

It shall be unlawful for any person to possess or have under such person’s control the substance commonly known as marijuana or any substance containing any quantity of the hallucinogenic substances known as tetrahydrocannabinols. Upon a first conviction for violation of this section, the convicted person shall be punished by a fine not less than $200 or greater than $1,000. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than 180 days. Upon a second conviction of this section, or if the convicted person has a previous conviction of a substantially similar offense under Kansas law or other jurisdiction, the convicted person shall be punished by a fine not less than $200 or greater than $2,500. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year. Violation of this section is a misdemeanor, and may be prosecuted in municipal court unless such person has two or more prior convictions for violation of this section, or for a substantially similar offense under Kansas law or other jurisdiction.

(Ord. 2777; Ord. 3307)

The provisions of K.S.A. 65-4150 through 65-4157, inclusive, and K.S.A. 65-4171 through 65-4175, inclusive, all as amended, are hereby incorporated by reference into the Municipal Code of the City of Abilene, pursuant to K.S.A. 12-2009 et seq. Possession, seizure, and forfeiture of drug paraphernalia is an unclassified misdemeanor.

(Ord. 2777)

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. For the purposes of this section, disturbing the peace shall include, but not be limited to the following:

(a)   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 single or multifamily dwellings and shall include areas where multiple unit dwellings and high density residential districts are located.

(b)   To congregate with other persons because of, participate in, or be in any part of 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 where in such part 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.

(c)   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. 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.

(d)   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.

(e)   Disturbing the peace is an unclassified misdemeanor.

(Ord. 2777)

It shall be unlawful for any person to appear in public in a state of nudity, to publicly expose a sex organ, or to expose a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto. Public indecency is an unclassified misdemeanor.

(Ord. 2777)

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 said house. Invasion of privacy is an unclassified misdemeanor.

(Ord. 2777)

It shall be unlawful for any person to write, or otherwise mark any indecent word, sentence, design or figure in any public place open to public view. Indecent writing is an unclassified misdemeanor.

(Ord. 2777)

It shall be unlawful for any person to:

(a)   Fail to appear in court at the appointed time to respond to a traffic citation, complaint, summons, or warrant.

(b)   Fail to pay in full any fine or court cost imposed by the court or to fail to comply with any other order issued by the court.

Any person who forfeits a cash bond in accordance with the established bond schedule for a traffic citation not requiring appearance shall not be considered in violation of this article. Failure to appear or comply is an unclassified misdemeanor.

(a)   The retail sale of fireworks, which are defined as “Class C Fireworks”, not including bottle rockets” by the Rules and Regulations of the Kansas State Fire Marshal, shall be permitted between the hours of 8:00 am to 10:00 pm on the days of June 27 through July 4 each year by persons or organizations holding a valid, unrevoked permit issued by the City of Abilene, Kansas. The permit application fee shall be the sum of $250.00. Such fee shall be paid to the City Clerk by cash, certified check or money order.

(b)   Fireworks may only be sold in areas of the city zoned “C-1, Office and Service Business District,” “C-2, Restricted Commercial District,” “C-3, General Commercial District,” “I-1, Light Industrial District,” and “I-2, Heavy Industrial District.” No sale of Fireworks shall be permitted in areas zoned for residential use or in the “C-4, Central Business District.” The Fire Chief, or his designee, and the building official shall approve all locations proposed for sale and storage of fireworks before a permit is issued.

(c)   All applications for permits shall be reviewed by the Fire Chief, or his designee. Applications must be received no later than fourteen business days prior to the permit issuance date to allow the Fire Chief time to investigate. The Fire Chief must approve all applications before any license is issued by the City Clerk. As a condition of the City issuing a permit, the applicant shall provide proof of a sales tax number or an exemption certificate issued by the Kansas State Department of Revenue.

(d)   Licensee shall hold the City harmless from and indemnify it against all claims of liability arising, in any way, from sale of fireworks. Licensee shall further secure and maintain in force a policy of comprehensive general liability with a combined single limit of $1,000,000. A certificate evidencing such insurance shall be furnished to the City.

(e)   The Fire Chief shall adopt administrative regulations, which may be amended from time to time, regarding the type of sale facility and all related safety/code requirements, which are hereby incorporated by reference.

(f)   All licenses for sale of fireworks shall be renewed annually.

(Ord. 3134; Ord. 3294)

(a)   Discharge of fireworks, which are defined as “Class C Fireworks, not including bottle rockets” by the Rules and Regulations of the Kansas State Fire Marshal, shall be permitted between the hours of 8:00 am and 12:00 am, midnight, from July I through July 4. Fireworks may be possessed June 27 through July 4.

(b)   Fireworks may only be discharged in residential areas on private property, not within public rights-of-way including streets. Fireworks may not be discharged on business, commercial, industrial property or on public property. An officer observing reckless discharge of fireworks shall be authorized to confiscate all fireworks in the possession of the person recklessly discharging the same.

(c)   It is prohibited to discharge or use fireworks in a reckless manner which creates a risk of injury, death or damage to property.

(d)   The Fire Chief has the authority to ban the discharge or use of fireworks within the city limits due to weather conditions.

(Ord. 3134; Ord. 3294)

Any person violating any of the sections of this article shall be guilty of a Class C Misdemeanor. Parents shall be responsible for supervising minor children (under the age of sixteen) who are discharging fireworks. Failure to properly supervise children discharging fireworks shall be punishable pursuant to this section.

(Ord. 3134)

Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:

(a)   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

(b)   Any private property without the consent of the owner or occupant of such property. Littering is punishable by a fine not to exceed $500.00.

(Ord. 3014)