Title 11 - Peace, Morals and Safety

11.04 General Provisions

Contents:

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.

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
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.

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.
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.

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.

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.

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.

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.

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.
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.
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)
1. 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.
2. 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.
3. 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)
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