Title 11 - Peace, Morals and Safety

11.28 Offenses Against the Public Peace

Contents:

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