Title 11 - Peace, Morals and Safety

11.04.020 Civil Remedies Preserved.

This title does not bar, suspend or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based on conduct which it makes punishable.

(History: Ord. POC-625 §2, 72)

Effective on: 1/1/1901

11.04.025 Incorporating Uniform Public Offense Code.

1. A.
   There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Overland Park, Kansas, that certain code known as the Uniform Public Offense Code, 42nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. One official copy of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. POC-3529,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours
2. B.
   The following Sections or subsections of the Uniform Public Offense Code are hereby omitted and deleted: Sections, 3.7., 3.11., 5.2, 5.3, 5.4., 5.5., 5.8., 6.7.2., 6.12., 6.13., 6.14., 6.15., 6.16., 6.18., 6.19., 6.21., 6.22, 6.24., 6.27., 7.1, 7.6., 7.8., 7.14., 7A.1., 7A.2., 7A.3., 7A.4., 8.2., 9.3., 9.5., 9.13., 10.4., 10.5, 10.6, 10.7., 10.8, 10.13. ,10.14. 10.15., 10.17., 10.18., 10.20., 10.21., 10.22, 10.23., 10.24, 10.25., 10.26, 10.27., 10.28., 10.29., 10.30., 10.30.1., 10.30.2., 11.3., 11.9.1., 11.11., 11.12., 11.13., 11.14., 11.15., 11.16., 12.1., and 12.2.

(History: Ord. POC-3529, §1, 2026; Ord. POC-3460 §1, 2024, Ord. POC-3423 §1, 2023)

Effective on: 1/1/1901

11.04.050 General Definitions.

Section 1.1 of that certain code known as the Uniform Public Offense Code, 42nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, is hereby incorporated by reference, and such definitions therein shall apply when the words and phrases defined are used in Title 11 of this code, except when a chapter or section provides a different definition or a particular context clearly requires a different meaning.

(History: Ord. POC-3529, §2, 2026; Ord. POC-3460 §2, 2024; Ord. POC-3423 §2, 2023; Ord. POC-1381 §1, 86; POC-598 §3, 70)

Effective on: 1/1/1901

11.04.120 Guilt Without Criminal Intent, When.

A person may be guilty of an offense without having criminal intent if the crime is an ordinance or traffic infraction and the ordinance defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.

(History: Ord. POC-1381 §1, 86)

Effective on: 1/1/1901

11.04.260 Public Offenses - Penalties.

1. A.
   It is unlawful for any person to commit any of the offenses hereinafter described in this title, including that certain code known as the Uniform Public Offense Code, 42nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereby incorporated by reference, and any person so offending is guilty of a public offense and, upon conviction thereof, shall be punished as set forth herein.
2. B.
   Classes of violations and confinement.

For the purpose of sentencing, the following classes of public offense violations and the punishment and the terms of confinement authorized for each class are established:

1. 1.
   Persons convicted of a class A violation shall be sentenced to 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. 2.
   Persons convicted of a class B violation shall be sentenced to a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed six months.
3. 3.
   Persons convicted of a class C violation shall be sentenced to 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. 4.
   Unclassified violations, which shall include all offenses 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 section, the penalty shall be the same penalty as provided herein for a class C violation.

3. C.
   Upon conviction of a violation, a person may be punished by a fine, as provided in paragraph F, instead of or in addition to confinement, as provided in this section.
4. D.
   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 chief judge of the judicial district or licensed by the secretary of aging and disability services.
5. E.
   Whenever there is evidence that the act constituting a violation was motivated in whole or in part by bias as described below, the following mandatory minimum sentences shall apply, unless other mandatory minimum sentences are applicable:

   1. 1.
      Upon a first conviction of one of the crimes set forth in paragraph E(3) below, and a showing of any motive or intent relating to, or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, gender identity, ancestry, disability or handicap of another individual or group of individuals, a person shall be punished by a fine of no less than five hundred dollars ($500) of which all or a portion may be suspended during a period of probation or parole, and/or no less than six (6) months in jail, which sentence may be suspended during a period of probation or parole.
   2. 2.
      Upon a second conviction of one of the crimes set forth in paragraph E(3) below, and a showing of any motive or intent relating to, or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, gender identity, ancestry, disability or handicap of another individual or group of individuals, a person shall be punished by a fine of no less than five hundred dollars ($500) of which a minimum of two hundred and fifty dollars ($250) shall be assessed; all or a portion of the balance may be suspended during a period of probation or parole, and/or no less than six (6) months in jail, which sentence may be suspended during a period of probation or parole, but only after such person has served a minimum of three (3) days in jail.
   3. 3.
      Mandatory minimum penalties outlined in E(1) and (2) above shall apply to the following crimes, contained within that certain code known as the Uniform Public Offense Code, 42nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereby incorporated by reference, or otherwise adopted in the Overland Park Municipal Code:

      1. a.
         Battery (UPOC 3.1);
      2. b.
         Criminal Damage to Property (UPOC 6.6);
      3. c.
         Criminal Trespass (UPOC 6.7);
      4. d.
         Harassment by Telecommunication Device (UPOC 9.1);
      5. e.
         Criminal Carrying of a Weapon (UPOC 10.1.1);
      6. f.
         Unlawful Discharge of Firearms (OPMC 11.60.072)

   4. 4.
      Upon a first conviction of one of the crimes set forth in paragraph E(6) below, and a showing of any motive or intent relating to, or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, gender identity, ancestry, disability or handicap of another individual or group of individuals, a person shall be punished by a fine of no less than five hundred dollars ($500) of which all or a portion may be suspended during a period of probation or parole, and/or no less than one (1) month in jail, which sentence may be suspended during a period of probation or parole.
   5. 5.
      Upon a second conviction of one of the crimes set forth in paragraph E(6) below, and a showing of any motive or intent relating to, or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, gender identity, ancestry, disability or handicap of another individual or group of individuals, a person shall be punished by a fine of no less than five hundred dollars ($500) of which a minimum of two hundred and fifty dollars ($250) shall be assessed; all or a portion of the balance may be suspended during a period of probation or parole, and/or no less than one (1) month in jail, which sentence may be suspended during a period of probation or parole, but only after such person has served a minimum of three (3) days in jail.
   6. 6.
      Mandatory minimum penalties outlined in E(4) and (5) above shall apply to the following crimes contained within that certain code known as the Uniform Public Offense Code, 42nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereby incorporated by reference:

      1. a.
         Assault (UPOC 3.3);
      2. b.
         Disorderly Conduct (UPOC 9.1)
6. F.
   Fines.

   1. 1.
      A person convicted of a public offense violation may, in addition to or instead of the confinement set forth in paragraph B above, be sentenced to pay a fine which shall be fixed by the court as follows:

      1. a.
         Class A violation, a sum not exceeding $2,500.
      2. b.
         Class B violation, a sum not exceeding $1,000.
      3. c.
         Class C violation, a sum not exceeding $500.
      4. d.
         Unclassified violation, any sum authorized by the section that defines the offense or if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C violation.
   2. 2.
      As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.

(History: Ord. POC-3529, §3, 2026; Ord. POC-3460 §3, 2024; Ord. POC-3423 §3, 2023; POC-3269 §1, 2019; Ord. POC-2055 §1, 97; POC-1986 §1, 96; POC- 1381 §1, 86) (State Law: K.S.A. 21-4502 and K.S.A. 21-4503a)

Effective on: 1/1/1901

11.04.270 Severability Clause.

If any part or parts of this title shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this title. The governing body hereby declares that it would have passed the remaining parts of this title if it had known that such part or parts thereof would be declared invalid.

(History: Ord. POC-1381 §1, 86)

Effective on: 1/1/1901

11.04.280 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. POC-1381 §1, 86)

Effective on: 1/1/1901

11.04.290 Time Limitations.

The provisions of K.S.A. 21-5107, and amendments thereto, which relate to time limitations for commencement of prosecution and 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 Title 11 of this code.

(History: Ord. POC-3423 §4, 2023 Ord. POC-2928 §1, 2011)(State Law: K.S.A. 21-5107(d))

Effective on: 1/1/1901

11.08.060 Interference with Parental Custody.

1. A.
   Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years, with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child.
2. B.
   It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
3. C.
   Every person convicted of violating this section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment.

(History: Ord. POC-1381 §2, 86; POC-625 §13, 72; POC-598 §15, 70)(State Law: K.S.A. 21-3422)

Effective on: 1/1/1901

11.08.070 Minors Locked in Cars.

No minor shall be locked in an unattended vehicle by any adult unless such child has the present ability to release himself from such vehicle.

(History: Ord.MC-750 §1, 73; Added during codification in accordance with KSA 12-3015)

Effective on: 1/1/1901

11.08.080 Mistreatment of Confined Person.

1. A.
   Mistreatment of a confined person is the intentional abuse, neglect or ill-treatment of any person who is physically disabled or mentally ill or whose detention or confinement is involuntary, by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution or any public or private hospital or nursing home.
2. B.
   Every person convicted of violating this section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment.

(History: Ord. POC-1381 §2, 86; POC-625 §15, 72) (State Law: K.S.A. 21-5416)

Effective on: 1/1/1901

11.12.060 Criminal Littering.

Except as provided in Section 112.1 of the Standard Traffic Ordinance, 52nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, criminal littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:

1. 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 or ordinance to direct or permit such acts; or
2. B.
   Any private property without the consent of the owner or occupant of such property.
3. C.
   Upon a first conviction, a fine shall be imposed of no less than $250 nor more than $1,000; upon a second conviction, a fine shall be imposed of no less than $1,000 nor more than $2,000; and upon a third or subsequent conviction, a fine shall be imposed of no less than $2,000 nor more than $4,000. In addition to any fines imposed pursuant to this subsection, a person convicted of littering shall be required to pick up litter for a time prescribed by and a place within the city limits of Overland Park, Kansas.

(History: Ord. POC-3505 §1, 2026; Ord. POC-2499 §2, 2004; POC-1801 §7, 93; POC-625 §31, 72; POC-598 §31)(State Law: K.S.A. 21-5815)

Effective on: 1/1/1901

11.12.155 Unlawful Hunting.

1. A.
   It shall be unlawful for any person to shoot or hunt any animal or bird within the City unless that person:

   1. 1.
      Is in possession of a valid Kansas hunting license or other permit authorizing the taking of wildlife, or is exempted from possessing a hunting license by the State of Kansas; and
   2. 2.
      Is hunting on land that is primarily rural or devoted to agricultural use; and
   3. 3.
      Is in possession of the written permission of the landowner where the hunting is occurring; and
   4. 4.
      When hunting with a firearm, is in possession of the written permission of all landowners or persons in possession of land contiguous to the land where the hunting is occurring when on land that contains less than 40 acres; and
   5. 5.
      When hunting with a bow, is in possession of the written permission of all landowners or persons in possession of land contiguous to the land where the hunting is occurring when on land that contains less than 30 acres; and
   6. 6.
      Utilizes a shotgun with shot shells containing pellets of 00 buckshot or smaller shot, or utilizes a rifle or pistol with a bore diameter of .224 caliber or less and the ammunition is of rim fire configuration.
2. B.
   It shall be unlawful for any person, unless authorized by special permit issued by the State of Kansas to hunt by:

   1. 1.
      Taking any game animal or furbearing animal from a motorboat, airplane, motor vehicle or other water, air or land vehicle unless such person holds a valid handicapped hunting and fishing permit.
   2. 2.
      Providing or receiving information concerning the location of any game animal or furbearing animal by radio or other mechanical device for purposes of taking such bird or animal.
   3. 3.
      Using sodium fluoroacetate, commonly called formula 1080, except as permitted by rules and regulations of the Secretary of Wildlife and Parks of the State of Kansas.
   4. 4.
      Using poison, poisonous gas, smoke or ferrets, or any smoke gun or other device for forcing smoke or any other asphyxiating or deadly gas or liquid into the holes, dens, runways, or houses of wildlife, except as permitted by rules and regulations of the Secretary of Wildlife and Parks of the State of Kansas.
   5. 5.
      Throwing or casting the rays of a spotlight, headlight or other artificial light on any highway, or in any field, grassland, woodland, or forest for the purpose of spotting, locating or taking any animal, except furbearing animals when treed with the aid of dogs, while having in possession or control either singly or as one of a group of persons, any rifle or pistol, shotgun, bow or other implement whereby wildlife could be taken.
   6. 6.
      Utilizing a rifle or pistol having a bore diameter greater than .224 caliber and the ammunition must be of rim fire configuration, provided slugs in shotguns are permitted on land of more than 100 acres.
3. C.
   It shall be unlawful for any person otherwise lawfully hunting within the City to discharge a firearm or other projectile within 500 feet of a residence, school, church, airport, cemetery, or public recreation facility to include all adjacent or contiguous property owned or used for such purposes.
4. D.
   The provisions of this Section shall not apply to persons hunting on any property zoned RUR that is annexed into the City pursuant to Ordinance No. A-2719, unless and until such property is rezoned, subject to the following provisions:

   1. 1.
      No one shall discharge any shotgun, muzzleloader, rimfire rifle, or any handgun within 200 yards of a building inhabited by people or within 200 yards of a feedlot unless the owner, if owner-occupied, or legal tenant, if tenant-occupied, of the building or feedlot has given written consent to do so. “Feedlot” shall mean any yard, enclosure or coral where livestock are confined for purposes of feeding and growth prior to slaughter. Pastures, hayfields, or cropfields where animals are allowed to graze are not deemed to be a “feedlot.”
   2. 2.
      No one shall discharge a center-fire rifle except from an elevated stand or platform of not less than 10 feet above the ground surface, and no one shall discharge any center-fire rifle within 500 yards of a building inhabited by people or within 500 yards of a feedlot unless the owner, if owner-occupied, or legal tenant, if tenant-occupied, of the building or feedlot has given written consent to do so. “Feedlot” shall have the meaning given to it in the immediately preceding subsection.

(History: Ord. POC-2788 §2, 2008; POC-2729 §1, 2008, modified during codification under authority of K.S.A. 12-3015; POC-2403 §1, 2002; POC-1771 §1, 92; POC-1646 §1, 90; POC-1578 §1, 89; POC-1381 §3, 86; POC-625 §35, 72; POC-598 §34)

Effective on: 1/1/1901

11.12.190 Window Peeping.

Window peeping is the going upon property owned or occupied by another without such person's consent for the purpose of looking into any window, door, sky light, or other opening into a house, room, or building.

(History: Ord. POC-625 §80, 72; POC-598 §80; PO-84 §59)

Effective on: 1/1/1901

11.20.010 Resisting Arrest.

Resisting arrest is knowingly and intentionally obstructing, resisting, opposing or interfering with a law enforcement officer while such officer is engaged in making an arrest.

(History: Ord. POC-625 §11, 72)(State Law: K.S.A. 21-5904)

Effective on: 1/1/1901

11.20.050 Falsely Reporting Public Offense.

Falsely reporting a public offense is informing a City law enforcement officer, Community Service Aide, or any other person designated the responsibility of receiving information concerning public offenses, that a public offense has been committed, knowing that such information is false and intending that said officer or person shall act in reliance upon such information.

Every person convicted of violating this section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment. 

(History: Ord. POC-1769 §1, 92; POC-1381 §4, 86; POC-625 §46, 72; POC-598 §40)(State Law: KSA 21-5904)

Effective on: 1/1/1901

11.20.060 Obstructing Legal Process or Official Duty.

Obstructing legal process or official duty is knowingly and willfully obstructing, resisting or opposing any person authorized by federal law, state law or city ordinance 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, administrative agency, body, person or office having authority to so act in compliance with federal, state or city laws, ordinances or regulations or in the discharge of any official duty provided that the mere utterance of oral communication, verbal expression or other forms of vocalizing the spoken word shall not be unlawful unless said utterance rises to the level of "fighting words." Fighting words are those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Every person convicted of violating this section shall be imprisoned for not more than one year or fined not to exceed $2,500, or both such fine and imprisonment.

(History: Ord. POC-1435 §1, 87; POC- 1381 §4, 86; POC-625 §43, 72; POC-598 §53 & 40, 70)(State Law: KSA 21-5904)

Effective on: 1/1/1901

Article I. Sex Offenses

Article IV. Miscellaneous Offenses

11.28.065 Residential Picketing.

Residential picketing proceeding on a definite course or route in front of a home and directed at picketing a single residence is prohibited and unlawful.

Every person convicted of violating this section shall be imprisoned for not more than one year or fined not more than $2,500 or by both such fine and imprisonment, provided that any person convicted of a second or subsequent conviction shall be required to be confined to not less than five consecutive days in the county jail in addition to any penalty assessed; which period of imprisonment shall not be suspended nor the defendant placed on probation until the five consecutive days is served; provided in lieu of confinement in the county jail, the court may place the person convicted under a house-arrest program pursuant to K.S.A. 21-4603b and amendments thereto.

(History: Ord. POC-1796 §1, 93; POC-1792 §2, 93; POC-1556 §1, 88; REP-1196 §1, 83; SOL-808 §1, 74) [See 5.64 for solicitation]

Effective on: 1/1/1901

11.28.070 Obstructing Ingress and Egress.

It shall be illegal for any person to obstruct any public street, public highway, public sidewalk or public building or any other place of public access by hindering or impeding or tend to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians or to commit in or upon any public street, public highway, public sidewalk or public building or any other place of public access any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or public building or any other place of public access, all of which prevents the free and uninterrupted ingress, egress, and regress therein, thereon, and thereto.

When any person causes or commits any of the conditions enumerated in this section, a law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such order is guilty of a violation of this section.

(History: Ord. POC-1856 §1, 94; POC-625 §58, 72; PO-84 §33 & 55)

Effective on: 1/1/1901

11.28.105 Definitions.

The following definitions apply to this division:

Nuisance party is a social gathering of five (5) or more people on residential property that results in any of the following occurring at the site of the gathering, on neighboring property or on an adjacent public street:

1. 1.
   Unlawful sale, furnishing, possession or consumption of alcoholic beverages;
2. 2.
   Violation of any of the provisions of O.P M.C. Chapter 7.08 relating to noise;
3. 3.
   Conduct which constitutes assault or battery;
4. 4.
   Property damage;
5. 5.
   Littering;
6. 6.
   Outdoor urination or defecation in a place open to public view;
7. 7.
   The standing or parking of vehicles in a manner that obstructs the free flow of traffic upon public sidewalks, streets, or public right of way;
8. 8.
   Conduct that threatens injury to persons or damage to property;
9. 9.
   Unlawful use or possession of marijuana or any drug or controlled substance;
10. 10.
    Trespassing on adjacent or adjoining property;
11. 11.
    Indecent exposure;
12. 12.
    Setting off fireworks; or
13. 13.
    Discharging firearms.
     

"Permit" means to give permission to; or to allow by silent consent, by not prohibiting, or by failing to exercise control.

(History: Ord. POC-3385 § 1, 2022)

Effective on: 1/1/1901

11.28.106 Nuisance parties prohibited.

It shall be unlawful for any owner or person having the right to possession of any residential premises, whether individually or jointly with others, to cause or permit a social gathering on the premises to become a nuisance party.

(History: Ord. POC-3385 § 2, 2022)

Effective on: 1/1/1901

11.28.107 Police order to disperse.

It shall be unlawful for any person not domiciled at the site of the nuisance party to fail or refuse to leave the premises immediately after being told to leave by a police officer.

(History: Ord. POC-3385 § 3, 2022)

Effective on: 1/1/1901

11.28.108 Continuation of Nuisance Party constituting separate violation.

Continuation of a nuisance party an hour or more after an order to disperse has been given by police shall constitute a separate violation of 11.28.106.

(History: Ord. POC-3385 § 4, 2022)

Effective on: 1/1/1901

11.32.020 Posting of Pictures and Advertisements.

Unlawful posting of pictures and advertisements is:

1. A.
   The putting up, affixing or fastening of either or both to a traffic-control device or traffic-control standard or a telegraph, telephone, electric light, power, or other utility pole but it is not unlawful to affix official traffic-control devices to such poles; or
2. B.
   The placement of either or both on public property other than as prescribed in (C); or
3. C.
   The placement of either or both on right-of-way without the consent of the landowner or the person in possession whose land lies along the right-of-way where such picture of advertisement is placed; or
4. D.
   The placement of either on private property without the consent of the landowner or the person in possession of such property.

(History: Ord. POC-625 §40, 72) (State Law: K.S.A. 21-5820)

Effective on: 1/1/1901

11.48.100 Definitions and Identification Standards.

11.48.110 Persons under 21 Years of Age - Possession, Consumption and Receiving Intoxicating Liquor - Prohibited.

1. A.
   No person under the age of 21 shall possess, consume, obtain, purchase or attempt to obtain or purchase any intoxicating liquor except as authorized by law.
2. B.
   This Section shall not apply to the possession and consumption of cereal malt beverage by a person under the age of 21 when the possession and consumption are permitted and supervised and the beverage is furnished by the person's parent or legal guardian.
3. C.
   Provided further, this Section shall not prohibit any person 18 or over from serving intoxicating liquor as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 or 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes.
4. D.
   Any person who is convicted of a violation of this Section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.
5. E.
   Violations of this Section is a class C violation and shall be punishable by a fine of not less than $200.00 and not more than $500.00. In addition, the Court may assess a jail sentence of not more than thirty days.
6. F.
   In addition to any other penalty provided for a violation of this section,

   1. 1.
      The court may order the offender to do either or both of the following:

      1. a.
         Perform 40 hours of public service; or
      2. b.
         Attend and satisfactorily complete a suitable education or training program dealing with the effects of alcohol or other chemical substances when ingested by humans; and
   2. 2.
      Upon a first conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not the person has a driver’s license.
   3. 3.
      Upon a second conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not the person has a driver’s license.
   4. 4.
      Upon a third or subsequent conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not the person has a driver’s license.
7. G.
   A law enforcement officer may request a person under 21 years of age to submit to a preliminary screening test of the person's breath to determine if alcohol has been consumed by such person if the officer has reasonable grounds to believe that the person has alcohol in the person's body except that, if the officer has reasonable grounds to believe the person has been operating or attempting to operate a vehicle under the influence of alcohol, the provisions of K.S.A. 8-1012, and amendments thereto, shall apply. No waiting period shall apply to the use of a preliminary breath test under this subsection. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether to charge a violation of this Section. A law enforcement officer may charge a person based in whole or in part upon the results of a preliminary screening test. Such results or a refusal to submit to a preliminary breath test shall be admissible in court in any criminal action, but are not per se proof that the person has violated this Section. The person may present to the court evidence to establish the positive preliminary screening test was not the result of a violation of this Section.
8. H.
   A person and, if applicable, one or two other persons acting in concert with such person are immune from criminal prosecution for a violation of this Section prohibiting the acts prohibited by this Section, if such person:

   1. 1.
      (a) Initiated contact with law enforcement or emergency medical services and requested medical assistance on such person’s behalf because such person reasonably believed such person was in need of medical assistance; and (b) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance;
   2. 2.
      (a) Initiated contact with law enforcement or emergency medical services, or was one of one or two other persons who acted in concert with such person, and requested medical assistance for another person who reasonably appeared to be in need of medical assistance; (b) provided their full name, the name of one or two other persons acting in concert with such person, if applicable, and any other relevant information requested by law enforcement or emergency medical services; (c) remained at the scene with the person who reasonably appeared to be in need of medical assistance until emergency medical services personnel and law enforcement officers arrived; and (d) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or
   3. 3.
      (a) Was the person who reasonably appeared to be in need of medical assistance as described in subsection H(2), but did not initiate contact with law enforcement or emergency medical services; and (b) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.
9. I.
   A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the City, based on the officer’s compliance or failure to comply with subsection H.

(History: Ord. POC-3367 §2, 2022; Ord. POC-2751 §1, 2008; POC-2500 §1, 2004; POC-2311 §1, 2001; POC-2200 §1, 99; POC-1631 §2, 90; POC-1597 §1, 89; POC-1459 §2, 87; POC-1321 §2, 85; POC-625; POC-598) [Prior source of law: 5.12.120] (State Law: K.S.A. 41-727)

Effective on: 1/1/1901

11.48.120 Furnishing Intoxicating Liquor to Persons under the Age of 21.

1. A.
   Furnishing intoxicating liquor to persons under the age of 21 is recklessly, directly or indirectly, buying for or distributing, any intoxicating liquor to any person under the legal age for consumption of intoxicating liquor.
2. 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 when such furnishing is permitted and supervised by the child's or ward’s parent or legal guardian.
3. C.
   This Section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.
4. D.
   It shall be a defense to a prosecution under this Section if:

   1. 1.
      The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;
   2. 2.
      The defendant sold the intoxicating liquor to the person under the age of 21 with reasonable cause to believe that such person was of legal age for consumption of intoxicating liquor; and
   3. 3.
      To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the person under the age of 21 and purporting to establish that such person was of legal age for consumption of intoxicating liquor.
5. E.
   Violation of this Section is a class B violation, for which a minimum fine is $200.00.

(History: Ord. POC-3367 §3, 2022; Ord. POC-2500 §2, 2004; POC-2200 §2, 99; POC-1801 §16, 93; POC-1631 §3, 90; POC-1459 §3, 87; POC-1321 §3, 85; CMB-1145 §5, 81; POC-625 §24; POC-598 §24; CMB-SM-179) (State Law: K.S.A. 21-5607)

Effective on: 1/1/1901

11.48.125 Unlawfully Hosting Persons under the Age of 21 Consuming Intoxicating Liquors.

1. A.
   Unlawfully hosting persons under the age of 21 consuming intoxicating liquors is recklessly permitting a person’s residence or any land, building, structure, or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person’s child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.
2. B.
   Violation of this Section shall be a class A violation, provided that the minimum fine imposed shall be not less than $1,000.00. If the court sentences the offender to perform community or public service work as a condition of probation, as described in O.P.M.C. Section 2.33.294(e)(10), the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.

(History: Ord. POC-3367 §4, 2022, Ord. POC-2821 §3, 2009; POC-2665 §3, 2007; POC-2620 §10, 2006; POC-2500 §3, 2004) (State Law: K.S.A. 21-5608)

Effective on: 1/1/1901

11.48.150 Sale of Intoxicating Liquor to Incapacitated Persons.

No person shall knowingly sell, give away, dispose of, procure, exchange or deliver, or permit the sale, gift or procuring of any intoxicating liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of drugs or intoxicating liquors.

Violation of this Section is a code violation punishable by a fine of not less than $100.00 and not exceeding $250.00 or imprisonment not exceeding 30 days, or both.

(History: Ord. POC-3367 §5, 2022, Ord. POC-1631 §5, 90; POC-1321 §6, 85) (State Law: K.S.A. 41-715)

Effective on: 1/1/1901

11.48.155 Unlawful Act Concerning Alcohol Without Liquid Machine

1. A.
   It shall be unlawful for any person to knowingly:

   1. 1.
      Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or
   2. 2.
      Purchase, sell or offer for sale an alcohol without liquid machine.
2. B.
   Violation of this Section is a class A violation. 
3. C.
   As used in this Section, alcohol without liquid machine means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

(History: Ord. POC-3367 §6, 2022; Ord. POC-2565 §1, 2005) (State Law: K.S.A. 21-6321)

Effective on: 1/1/1901

11.48.160 Intoxicating Liquor in Public Places - Unlawful Acts.

Except as otherwise provided herein and in Section 106 of the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas and amendments thereto, it is unlawful for any person to sell, serve, dispense, drink or consume any intoxicating liquor in or upon any public street, road, highway, avenue, alley or sidewalk, public way, public or private parking lot, or upon any public property, or within any vehicle in or upon any such place. In addition, it is unlawful for any person to possess in any such place, any open container of intoxicating liquor. Provided, however:

1. A.

   The Governing Body may authorize the sale and consumption of cereal malt beverages and low-alcohol beer on public property pursuant to a valid application being submitted to said body and when said body determines that such activity would not be detrimental to the health, safety, and morals of the community.

2. B.

   Intoxicating liquor may be sold, served, dispensed and consumed in or on designated street, alley, road, highway, parking or sidewalk areas of a licensed premises if title to the public area lies with the City and the licensee has received authorization to expand the premises from Kansas Alcohol Beverage Control, has received authorization from the Governing Body pursuant to the provisions of O.P.M.C. Section 5.20.075, and amendments thereto, and the licensee is complying with the provisions of that Section.

3. C.

   Intoxicating liquor may be sold, served, dispensed and consumed on the Corporate Woods Founder’s Park during the Jazz Festival and the July 4th celebration provided the sale, serving, dispensing and consumption shall be in accordance with the written standards approved by the Director, Parks and Recreation Services.

4. D.

   Cereal malt beverages, beer and wine as those terms are defined in O.P.M.C. Section 11.48.100, and amendments thereto, may be sold, served, dispensed and consumed at the Overland Park Fire Training Facility located at 12401 Hemlock, Overland Park, Kansas, in conjunction with professional and social events authorized by the Director of the Overland Park Fire Training Facility.

5. E.

   Intoxicating liquor may be sold, served, dispensed and consumed on the Sykes/Lady Overland Park Golf Complex, including the Westlinks Course, located at 12501 Quivira Road and the St. Andrews Golf Course located at 11099 W. 135th Street, Overland Park, Kansas, provided the sale, serving, dispensing and consumption of intoxicating liquor shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

6. F.

   Intoxicating liquor may be sold, served, dispensed and consumed on real property leased by the City to others under the provisions of K.S.A. 12-1740 through 12-1749, and amendments thereto, provided such real property is actually being used for hotel or motel purposes or purposes incidental thereto.

7. G.

   Intoxicating liquor may be sold, served, dispensed and consumed on any property that is located within the corporate limits of the City and is under the control of the Kansas State Board of Regents and the Board of Regents has exempted said property from the provisions of K.S.A. 41-719, and amendments thereto, and the property is not being used for classroom instruction.

8. H.

   Intoxicating liquor may be sold, served, dispensed and consumed on the premises of the Overland Park Arboretum, provided the sale, serving, dispensing and consumption of these beverages shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

9. I.

   Intoxicating liquor may be sold, served, dispensed and consumed on the land platted as Convention Center Plaza in the City of Overland Park, Kansas, in accordance with and to the extent allowed by the written standards relating to intoxicating liquor promulgated by the City Manager or the City Manager's designees.

10. J.

    Cereal malt beverages, beer and wine may be sold, served, dispensed and consumed on the premises of the Kemper Farm Property, provided the sale, serving, dispensing and consumption of those beverages shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

11. K.

    Intoxicating liquor may be sold, served, dispensed and consumed at the City of Overland Park Community Centers, in accordance with written standards approved by the Director, Parks and Recreation Services.

12. L.

    Intoxicating liquor may be sold, served, dispensed and consumed at the Deanna Rose Farmstead provided the sale, serving, dispensing and consumption shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

13. M.

    Intoxicating liquor may be sold, served, dispensed and consumed in the food court area at the Overland Park Soccer Complex provided the sale, serving, dispensing and consumption shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

14. N.

    Intoxicating liquor may be sold, served, dispensed and consumed within the boundaries of the Thompson Park in accordance with and to the extent allowed by the written standards approved by the Director, Parks and Recreation Services.

15. O.

    Intoxicating liquor may be sold, served, dispensed and consumed on grounds of the downtown Clock Tower area and the Farmer's Market area provided the sale, serving, dispensing and consumption shall be in accordance with the written standards approved by the Director, Parks and Recreation Services.

16. P.

    Consumption on public streets, alleys, roads, sidewalks or highways.

    1. a.
       Intoxicating liquor may be consumed on public streets, alleys, roads, sidewalks, parking areas, or highways when:

       1. i.
          A temporary permit has been issued pursuant to O.P.M.C. Section 5.20.078 and amendments thereto, for an event if the Governing Body has approved by ordinance or resolution the event and the consumption of intoxicating liquor on such public streets, alleys, roads, sidewalks, parking areas, or highways, provided: a) the Governing Body closes the streets, alley, road, sidewalk, parking areas, or highway to motor vehicle traffic during the event; b) the boundaries of any such event are clearly designated in any application for the event and are clearly designated in any approval granted by the Governing Body; and c) the boundaries of such event are clearly marked by signs, a posted map or other means which reasonably identify the area in which intoxicating liquor may be possessed or consumed at such event. (See K.S.A. 41-719(a)(2)(A) and K.S.A. 41-1201(f)(1))

          1. 1.
             Drinking establishments that are immediately adjacent to, or located within the licensed premises of an event, for which a temporary permit has been issued and the consumption of intoxicating liquor on public property has been approved, may request that the drinking establishment's licensed premises be extended into and made a part of the licensed premises of the event for the duration of the temporary permit issued for such event. (See K.S.A. 41-1201(f)(2))
          2. 2.
             Each licensee selling intoxicating liquor for consumption on the premises of an event for which a temporary permit has been issued shall be liable for violations of all laws governing the sale and consumption of intoxicating liquor. (See K.S.A. 41-1201(f)(3))
       2. ii.
          A licensed caterer selling, serving and dispensing intoxicating liquor on public property listed herein has received authorization from Kansas Alcohol Beverage Control and from the Governing Body pursuant to O.P.M.C. Section 5.20.136, and amendments thereto, and complies with the provisions of that Section. (See K.S.A. 41-719(a)(2)(B))
       3. iii.
          The Governing Body has adopted an ordinance or resolution pursuant to O.P.M.C. Section 5.20.075, and amendments thereto, extending the licensed premises into a street, alley, road, sidewalk, parking area, or highway that is closed to motor vehicle traffic at any time during which alcoholic liquor is to be sold or consumed. (See K.S.A. 41-719(a)(2)(C) and K.S.A. 41-2608(c))
    2. b.
       No person shall remove any intoxicating liquor from inside the boundaries of an event approved by the governing body, from the boundaries of a catered event, or from the extended licensed premises of a public venue, hotel, hotel caterer, club, drinking establishment caterer or drinking establishment. No intoxicating liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any time. (See K.S.A. 41-719(a)(3)-(a)(4))
17. Q.

    Intoxicating liquor may be consumed within common consumption areas designated by the City on public streets, alleys, roads, sidewalks, parking areas, parking lots, or highways pursuant to Section 5.22, and amendments thereto, except that no intoxicating liquor may be consumed inside vehicles while on public streets, alleys, roads, parking areas, parking lots or highways within a common consumption area. Further, no person shall remove any intoxicating liquor from inside the boundaries of the common consumption area which shall be clearly marked using a physical barrier or a clearly apparent line of demarcation.

18. R.

    Any person under the age of 21 who is convicted of a violation of this Section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee for such evaluation.

(History: Ord. POC- 3529, §4, 2026; Ord. POC-3505 §2; Ord. POC-3393 §1, 2022; Ord. POC-3367 §7, 2022; Ord. POC-3364 §1, 2022; Ord. POC-3258 §2, 2019; Ord. POC-3243 §2, 2019; Ord. POC-3171 §1, 2017; POC-3016 §1, 2013; POC-2941 §1, 2011; POC-2915 §1, 2011; POC-2821 §4, 2009; POC-2742 §2, 2008; POC-2654 §1, 2007; POC-2589 §1, 2005; POC-2561 §1, 2005; POC-2396 §1, 2002; POC-2209 §1, 2000; POC-2177 §1, 99; POC-2046 §1, 97; POC-2039 §1, 97; POC-2010 §1, 96; POC-1631 §6, 90; POC-1597 §2, 89; POC-1321 §7, 85; PO-84 §16; CMB-76E §1, 69; CMB-76C §1, 66; CMB-76 §11, 60) [Prior source of law: 5.12.110]

(State Law: K.S.A. 41-719; K.S.A. 41-1201; K.S.A. 41-2608)

Effective on: 1/1/1901

11.48.162 Prohibited Hours.

Effective on: 1/1/1901

11.48.165 Penalty.

Unless a specific penalty is otherwise provided, the court may order the offender to attend an alcohol and drug education program.

(History: Ord. POC-3017 §1, 2014; POC-3017 §1, 2013; POC-2200 §3, 99; POC-1631 §7, 90)

Effective on: 1/1/1901

11.52.140 Purpose.

It is the purpose of this Ordinance that the City promotes public health by decreasing citizen’s exposure to secondhand smoke and creates smoke free environments for workers and citizens through regulation in the work place and all public places.

(History: Ord. POC-2632 §1, 2008)

Effective on: 1/1/1901

11.52.150 Definitions.

For the purposes of this Ordinance, the following words shall have the meanings respectively ascribed to them by this paragraph:

11.52.160 Prohibition of Smoking in Enclosed Places of Employment and all Enclosed Public Places.

1. A.
   Smoking shall be prohibited in all enclosed places of employment within the City.
2. B.
   It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

Each employer having any enclosed place of employment located within the City shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms and all other enclosed facilities.

3. C.
   The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this Ordinance.
4. D.
   All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
5. E.
   Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:

   1. 1.
      Any vehicle of public transportation, including but not limited to buses, limousines for hire and taxicabs.
   2. 2.
      Elevators.
   3. 3.
      Restrooms.
   4. 4.
      Libraries, educational facilities, childcare and adult day care facilities, museums, auditoriums, aquariums and art galleries.
   5. 5.
      Any health care facility, health clinics or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices.
   6. 6.
      Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling alleys, arenas and swimming pools.
   7. 7.
      Service lines.
   8. 8.
      Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance; provided, however, that smoking may take place on stage during live theatrical performances, where smoking is integral to the plot or storyline and prior notice is given to the audience.
   9. 9.
      Shopping malls.
   10. 10.
       Sports arenas, including enclosed places in outdoor arenas.
   11. 11.
       Bars.
   12. 12.
       Restaurants.
   13. 13.
       Convention facilities.
   14. 14.
       All public areas and waiting rooms of public transportation facilities, including but not limited to bus and airport facilities.
   15. 15.
       Any other area used by the public or serving as a place of work, including open office landscaping.
   16. 16.
       Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including, but not limited to joint committees, or agencies of the City or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.
   17. 17.
       All enclosed facilities owned by the City.
   18. 18.
       Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
   19. 19.
       Within 10 feet of any public entrance to a public place; provided, however, that this prohibition shall not apply to the following: any portion of the public right of way that may be within 10 feet of said entrance, and the outdoor seating area of a restaurant or drinking establishment where smoking is allowed. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment.

(History: Ord. POC-2632 §3, 2008)

Effective on: 1/1/1901

11.52.170 Where Smoking is Not Regulated.

Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall not be subject to the smoking restrictions of this Ordinance:

1. A.
   Private residences, not serving as enclosed places of employment or an enclosed public place.
2. B.
   Enclosed retail establishments whose primary business is the sale of tobacco products. Provided, enclosed retail establishments whose primary business is the sale of tobacco products which are established after March 31, 2008, can only be located in a stand-alone building not attached to or part of any building devoted to other uses.
3. C.
   Enclosed retail establishments whose primary business is the sale of electronic cigarettes, which shall include, but not be limited to, any electronic or battery-powered vaporizer that simulates tobacco smoking by producing an aerosol that resembles smoke, or any component thereof. Provided, enclosed retail establishments whose primary business is the sale of electronic cigarettes which are established after August 31, 2014, can only be located in a stand-alone building not attached to or part of any building devoted to other uses.
4. D.
   That portion of a medical or clinical research facility constituting a separately ventilated, secure smoking room dedicated and used solely and exclusively for clinical research activities conducted in accordance with regulatory authority of the United States or the state of Kansas, as determined by the director of alcoholic beverage control of the department of revenue.

(History: Ord. POC-3097 §1, 2015; POC-3054 §5, 2014; POC-2632 §4, 2008)

Effective on: 1/1/1901

11.52.180 Responsibilities of Proprietors, Owners and Managers.

The person having control of a place, business, office or other establishment or activity subject to this Ordinance shall not knowingly permit, cause, suffer or allow any person to violate the provisions of this Ordinance in that place and shall take all necessary steps to prevent or stop another person from smoking in violation of this Ordinance. Necessary steps means to take all reasonable actions to prevent smoking in violation of this Ordinance by employees, patrons and visitors in the place, business, office or establishment, including: posting no-smoking signs and removing all ashtrays; verbally asking a person who is smoking to extinguish the smoking materials; refusing service to a person who is illegally smoking; verbally asking anyone illegally smoking to leave the premises; and applying standard business procedures in the same manner for violations of house rules or other local ordinances or state laws. If the employee, patron or visitor smoking in violation of this Ordinance is hard of hearing, the communications with that person may be written, in sign language or other effective means of communication.

(History: Ord. POC-2632 §5, 2008)

Effective on: 1/1/1901

11.52.190 Penalty for Violation of Ordinance.

1. A.
   A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of a public offense, punishable by a fine not exceeding fifty dollars ($50).
2. B.
   A person having control of a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of a public offense, punishable by:

   1. 1.
      A fine not exceeding one hundred dollars ($100) for a first violation.
   2. 2.
      A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year.
   3. 3.
      A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year.
3. C.
   Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct violation.
4. D.
   In addition to the fines established by this Section, violation of this Ordinance by a person having control of a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

(History: Ord. POC-2632 §6, 2008)

Effective on: 1/1/1901

11.52.210 Severability.

If any section, subsection, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof.

(History: Ord. POC-2632 §7, 2008)

Effective on: 1/1/1901

Article V. Explosives or Incendiary Devices

Article VI. Automatic Dial Protection Devices

11.60.050  B-B Guns.

Unlawful use of air rifles, air pistols, B-B guns, or pellet guns is the discharge of such guns within the City limits, except upon land with the written consent in his or her possession of the landowner whose land is primarily rural or devoted to agriculture and contains in area 15 acres or more.  It is a defense that the defendant is within the exemption authorized under this section.

(History: Ord. POC-1349 §1, 86; POC-979 §10, 78; POC- 625 §65, 72)

Effective on: 1/1/1901

11.60.070  Unlawful Use of Projectiles.

It shall be unlawful for any person to shoot, launch, throw or project any arrow, dart or stone capable of doing grievous bodily harm to persons or animals except upon property of 30 acres or more, with the written consent of the occupant or landowner, provided no projectile shall be launched, thrown or shot within 500 feet of a residential dwelling.  The sport of archery and archery exhibits, contests and events may be conducted at any legally operated archery range or club, or at an appropriate special event location, upon the written determination of the Chief of Police that such activity will be conducted according to generally accepted standards of safety and that the participants, spectators and the public will not be placed at risk.  The Chief of Police may impose conditions on approval of this activity that are deemed necessary to ensure public safety including, without being limited to, the obtaining of appropriate liability insurance coverage.

(History: Ord. POC-2059 § 1, 97; POC-1648 §1, 90; POC-1349 §2, 86; POC-625 §66, 72)

Effective on: 1/1/1901

11.60.072  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. A.
   To the discharge of firearms by any duly authorized law enforcement officer when necessary in the discharge of his or her official duties;
2. B.
   To the discharge of firearms in any licensed shooting gallery;
3. C.
   To firing squads for ceremonials;
4. D.
   To a legitimate gunsmith in pursuit of his or her trade;
5. E.
   To the discharge of a pistol, revolver, rifle of not more than .224 caliber or shotgun by a duly licensed hunter, provided the requirements of Section 11.12.155 are complied with;
6. F.
   To the discharge of a shotgun, gun, pistol or other firearm in the process of target or skeet shooting on land that is primarily rural, or devoted to agricultural use as defined in Section 18.110.040, if written permission is obtained from the landowner where the target or skeet shooting is occurring.  When on land of less than 40 acres, the person discharging the firearm must have in his or her possession written permission of all landowners or persons in possession of land contiguous to the land where the target or skeet shooting is occurring.  It shall be unlawful for a person otherwise lawfully target or skeet shooting within the City to discharge a firearm or other projectile within 500 feet of any property on which a residence, school, church, airport, cemetery, or public recreation facility is located to include all adjacent or contiguous property owned for such purposes.
7. G.
   Notwithstanding the provisions for target and skeet shooting set forth in Section F, above, persons may engage in target or skeet shooting on any property zoned RUR that is annexed into the City pursuant to Ordinance No. A-2719, unless and until such property is rezoned.  However, no one shall discharge any shotgun, muzzleloader, rimfire rifle, or any handgun in the direction of any property that is within 200 yards of the point of discharge where such property contains a building inhabited by people or a feedlot, or in the case of a center-fired rifle, in the direction of any property that is within 500 yards of the point of discharge where such property contains a building inhabited by people or a feedlot, unless the owner, if owner-occupied, or legal tenant, if tenant-occupied, of the building or feedlot has given written consent to do so.  The 200 and 500 yard limitations shall be measured from the point of discharge to the property line of the property on which the inhabited building or feedlot is located.  Feedlot shall mean any yard, enclosure or corral where livestock are confined for purposes of feeding and growth prior to slaughter. Pastures, hayfields, or cropfields where animals are allowed to graze are not deemed to be a "feedlot."  Any person engaged in target or skeet shooting shall use their best efforts to ensure than no projectile or buck shot shall land outside the boundaries of the property on which the target or skeet shooting is taking place unless the owner of the property outside the boundaries on which the target or skeet shooting is taking place has given his or her written consent to such activity.
8. H.
   It shall be a defense that the defendant was acting within the scope of K.S.A. 21-3211, K.S.A. 21-3212, K.S.A. 21-3213, K.S.A. 21-3215 or K.S.A. 21-3216, and amendments thereto.

Unlawful discharge of firearms is a Class B violation.

(History: Ord. POC-3047 §2, 2014)(State Law: K.S.A. 21-6308)

Effective on: 1/1/1901

11.60.090  Severability Clause.

If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional, or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portion of this Chapter or any part, thereof.
(History: Ord. POC-2644 §8, 2007)

Effective on: 1/1/1901

Repealed Section 11.04 of Title 11

Repealed Sections of 11.08 of Title 11

Repealed Sections of 11.12 of Title 11

Repealed Sections of 11.16 of Title 11

Repealed Sections of 11.20 of Title 11

Repealed Sections of 11.24 of Title 11

Repealed Sections of 11.28 of Title 11

Repealed Sections of 11.32 of Title 11

Repealed Sections of 11.36 of Title 11

(This entire chapter has been repealed - See 6.09)

Buildings and Properties (Repealed)

(This entire chapter has been repealed)

Repealed Sections of 11.44 of Title 11

Repealed Sections of 11.48 of Title 11

Repealed Sections of 11.52 of Title 11

Repealed Sections of 11.56 of Title 11

Repealed Sections of 11.60 of Title 11