Title 3 PUBLIC HEALTH AND SAFETY

Lenexa City Code

Title 3 PUBLIC HEALTH AND SAFETY

Chapters:

3-1 ALARM SYSTEMS
3-2 ANIMALS AND ANIMAL CONTROL
3-3 EMERGENCY MANAGEMENT
3-4 GRAFFITI
3-5 ENVIRONMENT AND HEALTH
3-6 FIRE PREVENTION AND PROTECTION
3-7 GENERAL POLICE PROCEDURES
3-8 MOTOR VEHICLES AND TRAFFIC
3-9 PUBLIC OFFENSE
3-10 SOLICITATION
3-11 PARADE REGULATIONS
3-12 PICKETING
3-13 BOATING AND WATER ACTIVITIES

Chapter 3-1 ALARM SYSTEMS

ARTICLES:

3-1-A ALARM SYSTEM PERMIT PROCEDURE
3-1-B OPERATING REGULATIONS
3-1-C PENALTY FOR NONCOMPLIANCE
3-1-D DEFINITIONS

Article 3-1-A ALARM SYSTEM PERMIT PROCEDURE

Sections:

3-1-A-1 REGISTRATION REQUIRED; REGISTRATION FEE.
3-1-A-2 REGISTRATION REQUIREMENTS; APPLICATION OF PROVISIONS.
3-1-A-3 CONFIDENTIALITY.

Section 3-1-A-1 REGISTRATION REQUIRED; REGISTRATION FEE.

It shall be unlawful for any person, either as principal officer, agent, servant or employee, to possess or operate an alarm system designed with the intent of eliciting a police, fire or EMS (Emergency Medical Service) response without first registering such alarm system; provided, the provisions of this subsection are not applicable to local alarm systems affixed to motor vehicles.
A fee for said alarm registration will be required, with the amount of the fee to be as set by ordinance or resolution or as otherwise permitted. The registration fee will be due and owing upon initial application and all subsequent renewals. In the event an alarm is registered after the beginning of the calendar year, the registration shall be in effect for the remainder of the current year and subject to renewal at the appropriate time for the upcoming calendar year.
It shall be unlawful for any person, either as principal officer, agent, servant or employee, who possesses or operates an alarm system to have more than three (3) false alarms in one calendar year.

Section 3-1-A-2 REGISTRATION REQUIREMENTS; APPLICATION OF PROVISIONS.

Every person under subsection 3-1-A-1-A of this Article shall register their alarm system with the City of Lenexa within thirty (30) days after the effective date hereof or prior to use of an alarm system. Alarm registrations are nontransferable and good for a period of one calendar year. All alarm users are required to renew alarm registrations by the beginning of each calendar year. Each alarm system in use in each building, structure or facility must be registered.
The effective date of alarm registration shall be the actual date of receipt of payment.
An alarm user or alarm business which is a governmental political unit shall be subject to this Chapter, but such governmental political unit shall not be subject to the payment of the annual registration fees.
An alarm user which, temporarily and in cooperation with the Lenexa Police Department, possesses, maintains or controls an alarm system owned by the Police Department shall be subject to this Chapter; provided, however, such alarm user shall not be subject to the payment of any fees or the imposition of any penalty as provided herein.

Section 3-1-A-3 CONFIDENTIALITY.

All information submitted in compliance with this Chapter shall be held in strictest confidence, shall be deemed a public record exempt from disclosure and shall be kept so that the contents thereof shall not be known except to persons authorized with the administration and enforcement of this Chapter. All records whatsoever under this Chapter shall be maintained pursuant to 1-6-A-1 et seq.
Subject to the requirements of confidentiality and upon the request by members of the public or City Council, statistics will be provided for purposes of evaluating alarm system use.

Article 3-1-B OPERATING REGULATIONS

Sections:

3-1-B-1 GENERAL REGULATIONS, REQUIREMENTS, AND DUTIES.
3-1-B-2 FALSE ALARMS.
3-1-B-3 AUTOMATIC DIALING DEVICES.
3-1-B-4 ALARMS IMITATING CERTAIN SYSTEMS PROHIBITED.
3-1-B-5 INSPECTIONS.

Section 3-1-B-1 GENERAL REGULATIONS, REQUIREMENTS, AND DUTIES.

Deactivation Of Audible Alarm: Local alarm systems, except those intended to elicit a Fire Department response, shall be equipped to automatically discontinue emitting an audible sound within two (2) minutes of activation for personal residence and automobiles and within sixteen (16) minutes of activation for commercial buildings. Any alarm system in existence on the effective date hereof shall be subject to this prohibition.
Change In Required Information: Whenever a change occurs relating to the written information required by this Chapter, the alarm user shall give written notice thereof to the City Clerk within ten (10) days after such change becomes effective.
Notice Of Service, Test, Repairs, Etc.: Alarm users shall notify the police communications center prior to any service, test, repair, maintenance, adjustment, alteration or installation of a local or police monitored alarm system which might activate a false alarm. Upon the completion of such service, test, repair, maintenance, adjustment, alteration or installation, the alarm user shall notify the police communications center of such completion. The police dispatcher shall forward this information to the appropriate individuals responsible for tracking false alarms in the Fire and Police Departments.
Live Voice Responses; Information To Police: An alarm business, alarm user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for police response upon the activation of an alarm system shall give the following information to the police communications center at the time of such request: address of alarmed location; type of alarm system that has been activated; name of commercial business or resident; specific location of the building, structure or facility protected by the activated alarm; name of the alarm business making request, if applicable; name of person making the request; and a phone number where the requesting party can be contacted. Unless specifically requested, it is the sole responsibility of the person making such request to notify authorized persons in control of such alarmed building, structure or facility that such alarm has been activated.
Alarm User Duties: The duties of an alarm user shall be as follows:
1. To instruct all personnel who are authorized to place the system or device into operation in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows.
2. To inform all personnel who are authorized to place the alarm system into operation of the provisions of this Article emphasizing the importance of avoiding false alarms.
3. To notify the Lenexa Police Department of the name and telephone number of the primary person, and at least one (1) alternate, to be notified in case the alarm is activated.
4. To respond to the scene of an activated alarm within thirty (30) minutes of being notified by either the user’s alarm business or Lenexa Police Department.
5. To maintain the alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms.

Section 3-1-B-2 FALSE ALARMS.

Determination Of False Alarms; Records Kept: The Police Department and/or Fire Department shall be responsible for determining which alarms constitute false alarms as defined by Section 3-1-D-3 of this Chapter. A record of all false alarms shall be maintained by the responding department.
Notice Of Fourth False Alarm: At the time of the fourth false alarm for any permit within any permit year, the City shall notify the alarm user and/or alarm business providing service or inspection to the user by regular mail of such occurrence, of the amount of such fee and that additional fees for false alarms during the permit year will be assessed as per Section 3-1-C-1 of this Chapter. Failure to receive either of these notices shall not be deemed to extend the term or conditions of the permit.

*See also Section 3-9-D-1 of this Title.*

Section 3-1-B-3 AUTOMATIC DIALING DEVICES.

It shall be unlawful for any automatic dial protection device within the City to be keyed either to a primary or secondary trunkline. Any such device in operation prior to the effective date hereof shall be disconnected by the owner or lessee of such device.

Section 3-1-B-4 ALARMS IMITATING CERTAIN SYSTEMS PROHIBITED.

It shall be unlawful for any alarm system to emit a sound similar to that of an emergency vehicle siren or a civil defense warning system. Any alarm system in existence on the effective date hereof shall be subject to this prohibition.

Section 3-1-B-5 INSPECTIONS.

Any and all alarm systems within the City shall be subject to inspection by a representative of the Police Department, Fire Department, Code Enforcement, or their designee.

Article 3-1-C PENALTY FOR NONCOMPLIANCE

Sections:

3-1-C-1 FALSE ALARMS; DEFINITION; FALSE ALARM FEE.
3-1-C-2 VIOLATION AND PENALTY.

Section 3-1-C-1 FALSE ALARMS; DEFINITION; FALSE ALARM FEE.

Definition: A false alarm is notification of an alarm to the police department when the responding authority finds no evidence of criminal offense or attempted criminal offense.
False Alarm Fees Established: Any alarm user who has exceeded the number of permissible false alarms during the calendar year shall be assessed a fee as adopted by ordinance or resolution or as otherwise permitted.
Payment of False Alarm Fee: The payment of the false alarm fee provided for in subsection B of this Section shall be submitted to the City Clerk's office within fifteen (15) days of receiving notice that such fee is due.

Section 3-1-C-2 VIOLATION AND PENALTY.

Each conviction for a violation of any of the provisions or requirements of this Chapter shall be an infraction and punishable by a fine of not more than one thousand dollars ($1,000.00). Any fine imposed by the Court shall be in addition to any and all fees which have been assessed against the alarm user pursuant to Section 3-1-C-1 of this Article. Each day that an alarm system remains unregistered or each false alarm occurrence beyond the permissible three (3) false alarms in one calendar year shall constitute a separate offense punishable as an infraction.

Article 3-1-D DEFINITIONS

Sections:

3-1-D-1 ALARM SYSTEMS DEFINITIONS GENERALLY.
3-1-D-2 ALARM SYSTEMS DEFINITIONS - A-B.
3-1-D-3 ALARM SYSTEMS DEFINITIONS - C-L.
3-1-D-4 ALARM SYSTEMS DEFINITIONS - M-Z.

Section 3-1-D-1 ALARM SYSTEMS DEFINITIONS GENERALLY.

For the purposes of this Chapter 1, the following words and phrases shall have the meanings ascribed to them herein.

Section 3-1-D-2 ALARM SYSTEMS DEFINITIONS - A-B.

ABSENT ON ALARM CONDITION: Any situation where there is no explanation for an alarm signal or evidence of an attempted break-in. This term also covers situations in which the central station denies any fault on its part but is unable to show that the system user was at fault. A false alarm.

ALARM BUSINESS: The business by any individual, partnership, corporation, governmental unit or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police or fire personnel would be expected to respond.

ALARM USER: Any person, firm or corporation who is lawfully in possession of any property or premises on which an operating alarm system is located.

ANSWERING SERVICE: A telephone answering business providing, among its services, the service of receiving, on a continuous basis through trained employees, emergency signals from alarm systems and, thereafter, immediately relaying the message by live voice to the communication center of the Lenexa Police Department.

AUTOMATIC DIAL PROTECTION DEVICE: An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion, or any emergency message indicating a need for emergency response.

BURGLARY ALARM SYSTEM: An alarm system signaling an entry or attempted entry into an area protected by the system.

Section 3-1-D-3 ALARM SYSTEMS DEFINITIONS - C-L.

CENTRAL STATION PROTECTIVE SYSTEM: A system or group of systems operated by a person, firm or corporation in which the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained and supervised from a central station having operators in attendance at all times.

FALSE ALARM: An alarm signal eliciting an urgent response by police, fire, or EMS (Emergency Medical Service) personnel when a situation requiring an urgent response does not, in fact, exist. "False alarm" does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user. The burden of providing that such alarm was not a false alarm shall be on the alarm business or alarm user.

LOCAL ALARM SYSTEM: An alarm system which, when activated, causes an audible and/or visual signaling device to be activated and is intended to be seen and/or heard by others outside of the protected premises.

Section 3-1-D-4 ALARM SYSTEMS DEFINITIONS - M-Z.

NOTICE: Written notice given by personal service upon the addressee or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon completion of personal service or upon placing the same in the custody of the United States Postal Service.

PERMIT YEAR: A calendar year beginning on January 1 and ending on December 31.

PERSONAL RESIDENCE: The principal place of abode of any alarm user who personally installs and operates an alarm system for the security of his own home.

PRIMARY TRUNKLINE: A telephone line leading into the communications center of the Police Department that is for the purpose of handling emergency calls on a person-to-person basis and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company serving the City.

PROPRIETARY SYSTEM: An alarm system sounding and/or recording alarm and supervisory signals to a control center located within the protected premises, the control center being under the supervision of the proprietor of the premises. If a "proprietary system" includes a signal line connected directly or by means of an automatic dialing device to a police communications system, a central station protective system or answering service, it thereby becomes an "alarm system" as defined in this Section.

SECONDARY TRUNKLINE: A telephone line leading into the central switchboard in the police station that is identified by a specific listing in the telephone directory for handling administrative and other calls on a person-to-person basis.

Chapter 3-2 ANIMALS AND ANIMAL CONTROL

ARTICLES:

3-2-A PURPOSE AND INTENT
3-2-B DOG AND CAT LICENSING PROVISIONS
3-2-C ANIMAL CARE
3-2-D ANIMAL NUISANCES
3-2-E BEEKEEPING
3-2-F ADMINISTRATION AND ENFORCEMENT
3-2-G DEFINITIONS
3-2-H LIVESTOCK AND POULTRY REGULATIONS
3-2-I EXOTIC/WILD ANIMAL REGULATIONS

Article 3-2-A PURPOSE AND INTENT

Sections:

3-2-A-1 PURPOSE.

Section 3-2-A-1 PURPOSE.

The purpose of this Chapter is to :

Protect animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;
Delineate the animal owner's responsibility for the acts and behavior of his animal at all times;
Provide security to residents from annoyance, intimidation, injury and health hazards by animals; and
Encourage responsible pet ownership.

Article 3-2-B DOG AND CAT LICENSING PROVISIONS

Sections:

3-2-B-1 LICENSE REQUIRED.
3-2-B-2 APPLICATION FOR LICENSE.
3-2-B-3 RABIES INOCULATION REQUIRED; CERTIFICATE.
3-2-B-4 LICENSE FEES; EXEMPTION.
3-2-B-5 LICENSE PERIOD; PAYMENT OF FEES.
3-2-B-6 ISSUANCE OF LICENSE.
3-2-B-7 LICENSE TAGS.
3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT.
3-2-B-9 KENNELS.
3-2-B-10 ZONING DISTRICT REGULATIONS.

Section 3-2-B-1 LICENSE REQUIRED.

It shall be unlawful for any person to own any dog or cat over six (6) months old, unless such dog or cat is licensed as provided herein.

The provisions of this Section shall not apply to licensed veterinary agencies, animal shelters, kennels, or to animals which are temporarily harbored in the City for a period of not more than ten (10) days.

Section 3-2-B-2 APPLICATION FOR LICENSE.

Written application for license shall be made annually by the owner on a form provided by the City. The owner shall be identified by name, address and telephone number and the dog or cat by its name, sex, age, breed, color, and whether spayed or neutered. The rabies inoculation tag number, expiration date and administering veterinarian must also be provided.

Section 3-2-B-3 RABIES INOCULATION REQUIRED; CERTIFICATE.

It shall be unlawful for any person to own any dog, cat, or ferret over six (6) months old, unless such dog, cat, or ferret has been inoculated for rabies by a licensed veterinarian.

The rabies inoculation receipt, issued by a veterinarian at the time of vaccination, shall be maintained by the owner of the dog, cat, or ferret and exhibited promptly upon request for inspection by the Animal Control Officer.

Section 3-2-B-4 LICENSE FEES; EXEMPTION.

The license fees shall be as provided by ordinance or resolution or as otherwise permitted.

Any resident owning a service dog, as defined in Section 3-2-G-6, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is trained and utilized as a service dog. Service dogs must still obtain a license, and will be counted toward the total number of animals permitted under this Code.

Any resident owning a police dog or a retired police dog, as defined in Section 3-2-G-5, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is currently utilized by, or retired from service with, a public law enforcement agency. Licenses are not required for police dogs utilized by a public law enforcement agency within the City, unless they reside in the City when not on duty. In that case, they must still obtain a license, and will be counted toward the total number of animals permitted under this Code.

Section 3-2-B-5 LICENSE PERIOD; PAYMENT OF FEES.

The license year shall be from January 1 through December 31 of each year. License fees are not prorated if purchased for less than one year.

The owner of any dog or cat over six (6) months of age shall annually license the animal and pay the applicable license fee to the City. The owner may purchase City animal tags at any participating veterinarian, which may include an additional administrative fee.

Section 3-2-B-6 ISSUANCE OF LICENSE.

A license shall be issued upon completion of the application form, submission of the certificate of vaccination and the payment of the license fee, unless exempted from license fees under Section 3-2-B-4 of this Article.

Section 3-2-B-7 LICENSE TAGS.

Licenses shall be issued in the form of a durable tag which shall be fastened to the dog or cat's collar or harness and worn at all times. License tags are not transferable. If a tag is lost, a duplicate tag will be issued upon sufficient evidence of prior licensing and payment of a fee as provided by ordinance or resolution or as otherwise permitted.

Section 3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT.

Number Limited; Special Pet Permit Required: It shall be unlawful to own more than two (2) dogs and/or two (2) cats at the same address or on the same premises, without first obtaining a special pet permit.
Application For Special Pet Permit; Fee; Investigation: Any person who desires to own more than two (2) dogs and/or two (2) cats may apply to the City for a special pet permit. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall: (1) include the name, address, and telephone number of the applicant; (2) identify each animal to be located at the address or premises by its name, breed, age, sex (including whether or not animal is spayed or neutered), and City license number (if applicable); (3) identify whether the applicant owns, leases, or rents the property where the animals are to be kept; (4) identify the property owner(s) by name, address, and telephone number, if the property is leased or rented; and (5) list any other person who may share in the care, custody and control of the animals.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different than the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special pet permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control's decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the additional animals must be licensed within seven (7) days from the date the notice of approval is mailed by the City. The special pet permit shall be issued for the specific animals listed in the application and shall not be transferable to any other animals, owners, or to any other address or premises. No additional dog(s) and/or cat(s) may be added to the address or premises without first applying for and obtaining approval of a new special pet permit identifying the additional animal(s).
3. If conditionally approved, the additional animals must be licensed within seven (7) days from the date the notice of conditional approval is mailed by the City. The notice of conditional approval shall also identify the specific conditions the applicant must meet and/or maintain throughout the duration of the permit. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the special pet permit is denied, any additional animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the additional animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner, same animals, or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a special pet permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge, or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A special pet permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The animals subject to the permit are the same specific animals listed on the original application; provided, that a special pet permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals, so long as no animal(s) have been replaced or added.
  3. All animals have current licenses and vaccinations.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.

Revocation Of Special Pet Permit: A special pet permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody or control over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time the additional animals must be removed from the residence or premises. Removal and/or impoundment of the animals shall be governed as provided in subsection C-4 above. The applicant has the right to appeal the revocation of the permit, as provided in subsection C-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.

Section 3-2-B-9 KENNELS.

Any person engaged in the business of raising or boarding domestic non-farm animals for profit or trade who shall own or maintain said animals must obtain a special use permit and a business license pursuant to applicable Lenexa Code provisions. The provisions of this Section shall not apply when the number of animals raised or boarded is no greater than that which is permitted by right pursuant to a City pet license or by special pet permit, in accordance with the provisions of this Article.

*See also subsection 4-1-B-23-F of this Code, zoning supplementary use regulations.*

Section 3-2-B-10 ZONING DISTRICT REGULATIONS.

All zoning district regulations as set out in Title 4 of this Code must be met before any licensing or permits are issued (or animals are allowed) for any restricted animal. It shall be unlawful for any owner to maintain any restricted animal in a zoning district which clearly prohibits said animal, unless said animal may be subject to a special use permit.*

*See See Section 4-1-G-6 of this Code.*

Article 3-2-C ANIMAL CARE

Sections:

3-2-C-1 RESPONSIBLE ANIMAL CARE.
3-2-C-2 CRUELTY TO ANIMALS.
3-2-C-3 INJURED OR ILL STRAY ANIMALS.
3-2-C-4 TRAPPING ANIMALS.
3-2-C-5 PENS, YARDS, CORRALS OR RUNS.
3-2-C-6 FENCES.
3-2-C-7 PERFORMING ANIMAL EXHIBITIONS.
3-2-C-8 ENDANGERED AND PROTECTED ANIMALS.

Section 3-2-C-1 RESPONSIBLE ANIMAL CARE.

It shall be unlawful for any owner to fail to provide for his animal:

Sufficient quantity of good and wholesome food and potable water;
A structurally sound, weatherproof enclosure, large enough to accommodate the animal;
Veterinary care when needed to prevent suffering;
Safe, responsible, and humane treatment; or
Adequate exercise for chained, kenneled or penned animals.

Section 3-2-C-2 CRUELTY TO ANIMALS.

Cruelty to animals:
1. It is unlawful for any person to:
  1. intentionally abandon or leave any animal in any place without making provisions for its proper care.
  2. intentionally fail to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of an animal owned by such person.
  3. intentionally cause any physical injury to an animal.
  4. intentionally make accessible to any animal any substance which has, in any manner, been treated or prepared with harmful or poisonous substances.
  5. cause, permit, or attend any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
  6. transport any animal in the bed of a truck, unless the restraint used to keep the animal in the truck is short enough to prevent the animal from falling and being dragged by the vehicle.
  7. leave any animal unattended and confined in a motor vehicle or in the back of a pickup truck in such a manner as to subject the animal to excessive heat or cold, which may endanger the life or well being of the animal.
  8. as the operator of a motor vehicle, strike an animal and fail to immediately report such act or accident to the appropriate law enforcement agency.
Exceptions: Nothing in this Section shall be deemed to apply to:
1. any act by a licensed veterinarian done in accordance with normal or accepted veterinary practices.
2. bona fide experiments carried on by commonly recognized research facilities, but no experiment on animals shall inflict intense and prolonged pain or suffering or intense and frequently repeated pain and suffering on any animal.
3. any act done in self-defense or done to defend another person.
4. killing, attempting to kill, trapping, catching or taking any animal as permitted by this Code or state law.
5. reasonable force used to drive off vicious or trespassing animals.
6. normal and accepted practices of pest or vermin control.
Custody of Animal; Disposition; Costs of Care:
1. Custody of Animal; Authority to Euthanize: Any Animal Control Officer or licensed veterinarian may take into custody any animal, found upon either private or public property, when such Officer has probable cause to believe such animal has been subjected to cruelty or neglect. Such Officer or veterinarian may inspect, care for or treat such animal and/or place such animal in the care of a duly incorporated humane society, animal shelter or licensed veterinarian for treatment, boarding or other care; or if it appears to a veterinarian or an Animal Control Officer that the animal is diseased or disabled beyond recovery for any useful purpose, the animal may be euthanized.
2. Costs of Care Assessed: Any necessary and reasonable costs incurred for the care, treatment, euthanasia, or boarding of any animal taken into custody pursuant to subsection C-1 shall be assessed against the owner of the animal. Any such costs shall be in addition to any fine imposed for a violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.
3. Disposition of Animals:

The City shall make a reasonable attempt to locate and notify the owner of any animal which comes into the custody of the City pursuant to the provisions of this Section. If any owner fails to make arrangements to care for such animal within five (5) days of the time the City takes possession of the animal for impoundment, the animal shelter holding such unclaimed animal shall be deemed the owner of such animal, and shall determine the method of disposition of the animal thereafter.
If a person is adjudicated guilty of the crime of "cruelty to animals", as defined in subsection A of this Section, in addition to any other penalty, the Court may order such animal not be returned to or remain with such person. Such animal may be ordered turned over to a humane society, animal shelter or licensed veterinarian for sale, adoption or other disposition. In such case, the five (5) day holding period set forth in subsection C-3-a above shall not apply.

Section 3-2-C-3 INJURED OR ILL STRAY ANIMALS.

Whenever an Animal Control Officer has probable cause to believe a stray or abandoned animal is suffering or in pain, the Animal Control Officer may take the animal to a licensed veterinarian for treatment. If continued treatment is not necessary, the Animal Control Officer or licensed veterinarian may move the animal to an animal shelter. The cost of any care, treatment or boarding shall be borne by the owner. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. If the ownership of the animal cannot be determined, the animal shall be placed for adoption or euthanized. If the animal appears to be diseased or disabled beyond recovery for any useful purpose, such Officer or veterinarian may, at once, cause such animal to be euthanized.

Section 3-2-C-4 TRAPPING ANIMALS.

Trapping Prohibited. No person, firm, corporation, or association shall do any trapping anywhere in the City.
Exceptions. The provisions of subsection A do not apply to:
1. The use of any trap specifically designed to kill rats, mice, gophers, chipmunks or moles with the consent of the owner or occupant of the property where the trap is set.
2. The use of cage-type live traps employed for the control of nuisance animals as long as such traps are monitored a minimum of every 12 hours, or a shorter time frame if necessary to prevent the endangerment of the captured animal's life. Any animal so captured may not be released onto public or private property without the consent of the property owner.
3. The use of any trap specifically designed to kill squirrels set at a height above eight feet and obscured from public view by a person with a valid wildlife control permit.
4. Animal Control, or the Kansas Department of Wildlife and Parks with notice to Animal Control.
5. Any other specific exception approved by Animal Control in writing; provided the request for an exception is made to Animal Control in writing and includes the address of where the trap will be set, property owner contact information, information on the nuisance created by the target animal, information on how, where, and when the trap will be set and monitored, and what precautions will be taken to ensure the safety of the public and non-target animals.

Section 3-2-C-5 PENS, YARDS, CORRALS OR RUNS.

All pens, yards, corrals, runs or other structures wherein any animal is kept shall be kept clean and in good repair.
Every pen, run, cage or other yard establishment wherein any animal is kept shall be maintained so that no offensive, disagreeable or noxious odor shall arise therefrom.

Section 3-2-C-6 FENCES.

Fences which are intended as enclosures for any animal shall be securely constructed, adequate for their intended purpose, kept in good repair, and shall comply with the fence regulations as set out in Title 4 of this Code.*
Dogs may be confined to the residential property of their owner by an electronic fence or an electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner's property. Dogs confined to residential property by an electronic fence or an electronic collar shall at all times be required to wear the collar or other required device which must be functional, and shall not be permitted to be nearer than 10 feet from any public sidewalk. All owners who use an electronic fence or an electronic collar shall clearly post their property to indicate to the public that such a fence or collar is in use. Electronic collars may not be used to control a dog when it is off its owner's property. An electronic fence or an electronic collar shall not be used to confine a dangerous dog.

*See also subsection 4-1-B-24-F-5 of this Code.*

Section 3-2-C-7 PERFORMING ANIMAL EXHIBITIONS.

No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.

All equipment used on a performing animal shall fit properly and be in good working condition.

Section 3-2-C-8 ENDANGERED AND PROTECTED ANIMALS.

It shall be unlawful for any person to buy, sell or offer for sale a native or foreign species or subspecies of any mammal, bird, amphibian or reptile, or the dead body or parts thereof, which is listed as threatened or endangered pursuant to the Endangered Species Act of 1973.

Article 3-2-D ANIMAL NUISANCES

Sections:

3-2-D-1 NUISANCE PROHIBITED.
3-2-D-2 ANIMALS AT LARGE.
3-2-D-3 EXCREMENT.
3-2-D-4 FEMALE ANIMALS IN HEAT.
3-2-D-5 DISEASED ANIMALS.
3-2-D-6 DAMAGE TO PROPERTY.
3-2-D-7 KEEPING DANGEROUS ANIMALS.
3-2-D-8 DANGEROUS DOGS.
3-2-D-9 DANGEROUS CATS.
3-2-D-10 GUARD DOGS AND ATTACK DOGS.
3-2-D-11 ANIMALS BITING PERSONS.
3-2-D-12 IMMINENT THREAT TO PUBLIC SAFETY.

Section 3-2-D-1 NUISANCE PROHIBITED.

It shall be unlawful for the owner of any animal to cause or permit such animal to perform, create or engage in an animal nuisance. Any animal found acting in any way forbidden by this Article, in the determination of the Animal Control Officer, shall hereby be declared a nuisance, and its owner shall be subject to citation.

*See Section 3-2-G-2 of this Chapter for animal nuisance definition.*

Section 3-2-D-2 ANIMALS AT LARGE.

Prohibited:
1. It shall be unlawful to permit any animal to be at large in the City.
2. It shall be unlawful to picket or tie any animal so that it can reach any street, public sidewalk, public or private property other than the property of the owner of the animal.
Impoundment: Any animal found at large or otherwise violating the terms of this Section may be impounded in the manner provided in this Chapter.* In addition to any fine or penalty provided for violating this Section, any reasonable costs and fees incurred by the City or animal shelter in seizing, impounding, confining, boarding, transporting and/or returning such animals to its property or owner shall be the responsibility of the owner of the animal. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.

*See Section 3-2-F-3 of this Chapter.*

Section 3-2-D-3 EXCREMENT.

It shall be unlawful for any person to:

Appear with an animal upon the public ways, within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement.
Fail to immediately remove any excrement deposited by his animal upon any public or private property other than the property of the owner of the animal.
Fail to promptly remove and sanitarily dispose of animal excrement in any pen, run, cage, shelter or yard or other place where the animal is kept.
Fail to remove or dispose of animal excrement in such a manner as to prevent the breeding or infestation of flies or other insects.

Subsections A and B of this Section shall not apply to a blind person while walking his service dog.

Section 3-2-D-4 FEMALE ANIMALS IN HEAT.

All female animals in heat shall be confined to a residence or other enclosure or building in such a manner that the animal cannot come into contact with a male animal, except for supervised exercise, supervised elimination breaks, or planned breeding.

Section 3-2-D-5 DISEASED ANIMALS.

It shall be unlawful for the owner of any animal afflicted with a contagious or infectious disease to knowingly cause or allow the animal to be exposed in any public place anywhere in the City, or to ship or remove such animal from the owner's premises, except under the direction of an Animal Control Officer or licensed veterinarian. It shall be the duty of the Animal Control Officer to order the confinement or disposition of such diseased animal and treatment of the affected premises to prevent the communication and spread of contagion or infection except in cases where the State veterinarian is empowered to act and does act.

Section 3-2-D-6 DAMAGE TO PROPERTY.

It shall be unlawful for any owner to permit or allow their animal to go upon any public or private property without the permission of the owner of such property and break, tear up, crush, or otherwise destroy, damage or disturb any lawn, flower bed, plant, shrub, tree, garden, trash collection, fence, house, structure or any personal property in any manner whatsoever.

Section 3-2-D-7 KEEPING DANGEROUS ANIMALS.

Prohibitions: No person shall own or permit to be kept on his premises any dangerous animal. This subsection will not be construed to apply to zoological parks, performing animal exhibitions or circuses, bona fide licensed veterinary hospitals for treatment, bona fide educational or medical institutions, museums, or any other place where they are kept as live exhibits or for study.
Seizure and Impoundment: If Animal Control has probable cause to believe that a person owns a dangerous animal on premises in the City, the Animal Control Officer shall cause the animal to be immediately seized and impounded, or euthanized, if seizure and impoundment are not possible without risk of serious physical harm or death to any person. Upon seizure and impoundment, said animal may be euthanized or delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. In lieu of seizure and impoundment, the Animal Control Officer may order the animal immediately removed by the owner, if Animal Control has reason to believe that the owner can safely and promptly provide for the removal of the animal. The owner must provide Animal Control with proof confirming the safe relocation of the animal upon request.

Costs: Any reasonable costs incurred in seizing, impounding, euthanizing or confining any dangerous animal shall be the responsibility of the owner of such animal. Such costs shall be in addition to any fine or penalty provided for violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.

Section 3-2-D-8 DANGEROUS DOGS.

Determination of a Dangerous Dog:
1. If an Animal Control Officer has probable cause to believe a dog is dangerous, as defined in Section 3-2-G-3, the City Attorney may file a petition with the Municipal Court, verified by the Animal Control Officer, seeking a determination that the dog is dangerous. If the City intends to seek an order from the Court that the dog be euthanized, the petition shall specifically identify that as the remedy requested.
2. The City Attorney shall provide the owner of the dog with a copy of the petition, and written notice of the date, time, and location of the hearing.
3. When the Animal Control Officer has probable cause to believe that the subject dog may pose a threat of serious harm to human beings or other animals, the Animal Control Officer or a law enforcement officer is authorized to seize and impound the dog pending the hearing and/or any appeal. If the subject dog has been impounded, the matter shall be scheduled for a hearing within seven (7) business days from the date of impoundment. If the dog is not impounded, the hearing shall be held within fourteen (14) days from the date the petition is filed in the Municipal Court. These deadlines may be extended by the Court for good cause shown.
4. The hearing shall be conducted by the Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard
5. At the hearing, all interested parties shall be given an opportunity to present testimony and relevant materials on the issue of whether the dog in question is dangerous. The testimony and relevant materials shall include but not be limited to Animal Control reports, the facts, circumstances, and seriousness of any attack or wound, past history of wounds inflicted by the dog in question, and the potential propensity of the dog to inflict wounds in the future. The hearing shall be civil in nature, informal in the presentation of the testimony and open to the public.
6. If the Court, after hearing the testimony and reviewing the relevant materials, determines that the City has proven by a preponderance of the evidence that the dog meets the definition of dangerous dog as found in Section 3-2-G-3, the dog shall be deemed dangerous. In addition, the Court has the authority to order the dog removed from the City, or destruction of the dog, as it deems appropriate. If destruction or removal of the dog is not ordered, the owner shall have fourteen (14) days from the date of the Court’s determination to comply with all of the requirements of this Code pertaining to dangerous dogs, or within such other time frame as the Court may require. Future compliance hearings and/or the requirement to post bond to ensure compliance or to perfect an appeal may be ordered at the discretion of the Court. If the owner fails to comply with the provisions of this Section within the time frame ordered, unless stayed by the filing of an appeal, the dog shall be ordered destroyed.
7. If the dog was impounded prior to the hearing and is determined to be dangerous, the owner shall provide proof of compliance with all of the requirements of this Code pertaining to dangerous dogs to Animal Control, and pay all applicable impoundment and boarding fees, before the dog may be released. If the owner appeals the Court’s decision, the dog shall remain impounded pending the determination on appeal, and all associated boarding costs shall be the responsibility of the owner. If the dog is determined not to be dangerous, it may be released to its owner immediately upon payment of all impoundment and boarding fees.
8. The failure of an owner to appear at a hearing, or the removal of the dog from the City prior to the scheduled hearing, does not preclude the Court from holding a hearing and/or determining that the dog is dangerous. In addition to any other order, the Court may order the owner to provide Animal Control with the exact location, address, and contact information for the new owner of the dog (if moved), and require that the animal not be returned to the City without first notifying Animal Control and verifying full compliance with this Chapter.
9. If an owner desires to contest the Court’s determination that a dog is dangerous, he or she may appeal to the district court. The owner shall file a notice of appeal with the municipal court clerk within ten (10) days of the Court’s determination. If the dog has been impounded, the Court may require that the owner post a bond in an amount sufficient to pay for the animal’s current impoundment and boarding fees, and a minimum of 30 additional days boarding, which shall also be required within ten (10) days of the Court’s determination. The dog shall remain impounded until a final determination is made on appeal. The municipal court clerk will prepare the record on appeal, similar to an appeal from a municipal court pursuant to K.S.A. 12-4602 and K.S.A. 22-3609, and amendments thereto, and submit the record to the district court. The district court shall review the matter de novo, and the City’s burden of proof shall be the preponderance of the evidence.
Stipulations by Owner:
1. The owner of a dog subject to a petition seeking a dangerous determination may waive his or her right to a hearing and enter a stipulation that the dog is dangerous, or a stipulation that the evidence would be sufficient to sustain a finding that the dog is dangerous. Any such stipulation shall be reduced to writing, signed by the owner. A stipulation shall have the same legal effect as a determination by the Court that the dog is dangerous. The owner shall comply with all provisions of this Code regarding dangerous dogs within fourteen (14) days from the date of the stipulation, or some later time frame if agreed to by the City and approved by the Court. If the owner fails to come into compliance with the Code within the designated time frame, the dog shall be ordered destroyed.
2. For purposes of this Chapter, a dog that is stipulated to be dangerous under this Section shall be synonymous with a dog determined to be dangerous by the Court. Further, entering into a stipulation is not an appealable order.
Regulation of Dangerous Dogs: The following provisions shall apply to all dogs determined to be dangerous:
1. Confinement Required: All dangerous dogs shall at all times be confined in an enclosure, as defined in Section 3-2-G-3, or inside a structure. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no dangerous dog shall be kept in a house or structure when the windows are open or when window screens or screen doors are the only obstacles preventing the dog from exiting the structure.
2. Confinement Exceptions: An owner of a dangerous dog will be allowed to have its dog outside of an enclosure or structure only for the following purposes: (1) to obtain necessary veterinary treatment; (2) to transfer ownership of the dog; (3) exercise; (4) elimination breaks; or (5) to comply with the commands of an Animal Control Officer. These exceptions apply only if the dangerous dog is securely muzzled, restrained with a leash of sufficient strength and not more than four feet in length, and is under the direct control of an adult capable of exercising control over the dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
3. Registration: An owner of a dog determined to be dangerous shall register it with the City within fourteen (14) days of the determination, and annually thereafter in conjunction with its licensing schedule. The registration shall be on a form provided by the City and accompanied by a nonrefundable registration fee as provided by ordinance or resolution or as otherwise permitted. Such registration fee shall not be prorated if required for less than a full year, and shall be separate and distinct from license fees required by the Code. The registration form shall include the name, address, and telephone number of the owner; an alternate contact person by name, address, and telephone number; a picture or pictures of the dog showing its (1) face, (2) color, and (3) any distinctive markings; the height, weight, breed, and approximate age of the dog; the animal’s microchip type and registration number; liability insurance carrier information; and any other information deemed necessary by the City.
4. Insurance Required: No dangerous dog shall be registered by the City unless the owner of such dangerous dog presents to the City proof that the owner has procured liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) covering any damage or injury which may be caused by such dangerous dog. The City shall be listed as certificate holder, and shall be required to be notified of any cancellation, termination or expiration of the liability insurance policy. The owner shall maintain the liability insurance required by this subsection at all times, unless and until the owner shall cease to own the dangerous dog. The owner must provide proof to the City if he or she transfers ownership of the dog or if the dog dies.
5. Warning Signs: The owner of a dangerous dog shall display in a prominent place a clearly visible warning sign indicating that there is a dangerous dog on the premises. A similar sign is required to be posted on any enclosure used to confine the dangerous dog. All such signs shall comply with the City’s sign ordinance.
6. Microchip Required: The owner of a dangerous dog shall have a microchip implanted into the dog for identification purposes, and the name of the microchip manufacturer and identification number of the microchip must be provided to the City. All costs related to the purchase, implantation, and registration of the microchip are the responsibility of the owner.
7. Spaying or Neutering Required: All dangerous dogs shall be spayed or neutered.
8. Tethering Prohibited: No dangerous dog may be leashed or tethered to an inanimate object.
9. Relocation:
  1. If an owner of a dangerous dog moves the animal to another location within the City, the owner shall, within five days of any change in address, notify Animal Control and provide an updated registration form to the City.
  2. If an owner of a dangerous dog moves the animal out of the City, the owner shall provide Animal Control with the exact location and address of the dog’s new residence. The Animal Control Officer shall notify the receiving jurisdiction that the dog has previously been determined to be a dangerous dog.
  3. A dog which has been determined or deemed by another jurisdiction to be dangerous, or some other comparable designation, with a similar definition and standards as found in Sections 3-2-G-3 and 3-2-D-8-A, shall not be relocated into Lenexa. However, if the dog was deemed dangerous solely based on breed, the dog may be allowed to relocate to Lenexa.
10. Notification of Escape: The owner or keeper of a dangerous dog shall immediately notify Animal Control if such dog escapes from its enclosure or restraint and is at large. Immediate notification also shall be required if the dog bites or attacks a person or domestic animal.
11. Compliance; Violations: It shall be unlawful for any owner of a dangerous dog to fail to comply with any of the requirements and conditions set forth in this Section. Any dangerous dog found to be in violation of this Section may be subject to immediate seizure and impoundment. Upon conviction for a violation of this Chapter, in addition to any other penalty as allowed, the Court may order the dog euthanized. Any costs for impoundment, boarding, or euthanasia shall be the responsibility of the owner. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.
12. Penalty: Any person found guilty of violating the provisions of this Section shall be punished as provided in Section 1-1-C-3 of this Code.

Section 3-2-D-9 DANGEROUS CATS.

All of the procedures, regulations, requirements, and penalities set out in Section 3-2-D-8 of this Article regarding dangerous dogs are hereby made applicable to any cat the City seeks to have delared, and which may be declared, dangerous. However, in lieu of the confinement requirements found at subsection 3-2-D-8-C-1 & 2, any person desiring to keep a dangerous cat in the City must confine such cat within the residential structure at all times, except for transport for veterinarian care where it must be confined to a carrier.

Section 3-2-D-10 GUARD DOGS AND ATTACK DOGS.

Repealed by Ord. No. 5051

Section 3-2-D-11 ANIMALS BITING PERSONS.

Report of Animal Bite: When any animal has bitten or attacked any person within the City, or when an animal is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to report the same immediately to Animal Control.
Rabies Observation:
1. Any animal that has bitten a person must be confined for a period of ten (10) days from the date of the bite for observation. The animal may be confined at an animal shelter; with a licensed veterinarian approved by Animal Control; or, in the discretion of Animal Control, upon the premises of the owner ("home confinement") if the animal has a current rabies inoculation certificate, a current city license, and the owner has not had previous animal ordinance violations. All confinement expenses shall be the responsibility of the owner.
2. If home confinement is permitted, the owner shall maintain observation of the animal for a period of not less than ten (10) days from the date of the bite; shall not remove the animal from the property except for necessary veterinary treatment; and shall allow the Animal Control Officer to make daily checks on the animal. At the end of the observation period, the Animal Control Officer may require that a licensed veterinarian examine the animal and furnish written notification to the Animal Control Officer about the animal's health.

No person shall release from confinement any such animal or remove such animal from its place of confinement to another place without the consent of the Animal Control Officer. Animal Control shall have the authority to remove an animal from home confinement and place it with an animal shelter or veterinarian at any time if there is reasonable suspicion to believe any conditions of home confinement, or requirements of this Code, are not being followed.

If the Animal Control Officer has probable cause to believe the animal is diseased, the Animal Control Officer shall be empowered to order euthanasia and an examination of such animal to determine whether it may have rabies. No person shall refuse to surrender any animal for confinement or euthanasia when demand is made by the Animal Control Officer. If the animal dies or is euthanized, a laboratory examination of the head shall be made, at the expense of the animal's owner.
This Section shall not apply to on duty police dogs.

Violation: Any person refusing or failing to comply with the provisions of this Section, or with any orders or demands of the Animal Control Officer relating thereto, shall be guilty of a violation of this Chapter and subject to penalties as set forth in Article F of this Chapter.

Section 3-2-D-12 IMMINENT THREAT TO PUBLIC SAFETY.

Notwithstanding any provision of this Chapter to the contrary, if an Animal Control Officer or Police Officer determines that an animal presents an imminent threat to the public health, safety, or welfare, the Animal Control Officer or Police Officer may kill such animal, without notice to the owner.

Article 3-2-E BEEKEEPING

Sections:

3-2-E-1 PURPOSE AND APPLICATION OF PROVISIONS.
3-2-E-2 COMPLIANCE WITH PROVISIONS.
3-2-E-3 PERMIT REQUIRED; FEE.
3-2-E-4 HOUSING REQUIREMENTS AND LOCATION; NUMBER RESTRICTED.
3-2-E-5 SIGN REQUIREMENTS ON PROPERTY OTHER THAN OWNER'S.
3-2-E-6 BARRIER.
3-2-E-7 REQUIRED WATERING FACILITY.
3-2-E-8 VIOLATION AND PENALTY.

Section 3-2-E-1 PURPOSE AND APPLICATION OF PROVISIONS.

The City Council finds that there is a need to regulate and set minimum standards for the keeping of bees within the corporate limits of the City to protect the public health, safety and welfare of its residents. This shall apply to those persons or entities who presently possess beehives or who intend to possess beehives in the future.

Section 3-2-E-2 COMPLIANCE WITH PROVISIONS.

It shall be unlawful for any person to place, establish or maintain any hive, stand, box or apiary or keep any bees in or upon any premises within the corporate limits of the City, unless the bees are kept in accordance with the provisions of this Article and any zoning restrictions set out in Title 4 of this Code.*

*See Section 4-1-B-24-F-4 of this Code.*

Section 3-2-E-3 PERMIT REQUIRED; FEE.

Any person keeping hives, stands, boxes or apiaries in accordance with Section 3-2-E-4 of this Article and any zoning restrictions set out in Title 4 of this Code* shall be required to obtain a permit from the City. The permit shall be valid from January 1 through December 31 of each year.

A fee for said permit will be required, the amount of which shall be as provided by ordinance or resolution or as otherwise permitted. The permit fee will be due upon initial application and each subsequent year of renewal, and will not be prorated if purchased for less than a year.

*See Section 4-1-B-24-F-4 of this Code.*

Section 3-2-E-4 HOUSING REQUIREMENTS AND LOCATION; NUMBER RESTRICTED.

Type of Houses: All bee colonies shall be kept in Langstroth-type hives with removable frames which shall be kept in sound and usable condition.
Height: The height of any one hive shall not exceed five feet (5').
Location: No hive, stand or apiary shall be placed or kept:
1. Closer than fifty feet (50') to the property line of any adjoining developed property; or
2. Closer than one hundred feet (100') to any house or other building located on developed property other than the residence of the keeper of such bees; or
3. Closer than one hundred feet (100') to the nearest edge of the traveled portion of a public street; or
4. Upon land not owned or possessed by the keeper of such bees without first obtaining written permission to do so from the owner or person lawfully in possession of such land. Such permission may be revoked at any time.
Number of Beehives: No more than two (2) beehives shall be placed or kept in a location which is between one hundred feet (100') and six hundred feet (600') from a house or other building located on developed property, other than the residence of the keeper of such bees.
Future Development of Adjacent Property: In the event that any adjacent undeveloped property is developed, or residential structures are constructed closer than the distances herein prescribed, the keeper shall move or, if necessary, remove such hives, stands, boxes or apiaries to comply with these regulations.

*See Section 3-2-B-10 of this Chapter, and Section 4-1-B-24-F of this Code.*

Section 3-2-E-5 SIGN REQUIREMENTS ON PROPERTY OTHER THAN OWNER'S.

Every person owning a hive, stand, box or apiary located on premises other than where he resides shall identify such hive, stand, box or apiary by a sign or other prominent marking stating in letters at least one inch (1") high on a contrasting background the name, address and phone number of the owner of such equipment.

*See Article 4-1-E of this Code for sign provisions.*

Section 3-2-E-6 BARRIER.

Any owner of a beehive maintained in accordance with the provisions of this Article shall establish and maintain a flyway barrier six feet (6') in height consisting of a solid wall, fence or combination thereof that is parallel to the property line and extends ten feet (10') beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet (6') above ground level over the property lines in the vicinity of the apiary.

*See Section 4-1-B-24-F-5 of this Code for fence requirements.*

Section 3-2-E-7 REQUIRED WATERING FACILITY.

Fresh, clean watering facilities for the bees shall be provided within twenty feet (20') of each hive, stand, box or apiary.

Section 3-2-E-8 VIOLATION AND PENALTY.

The violation of any provisions of this Article is a public offense, and any person convicted thereof shall be punished as provided in Section 1-1-C-3 of this Code. Each day that any violation of this Article continues shall constitute a separate offense.

Article 3-2-F ADMINISTRATION AND ENFORCEMENT

Sections:

3-2-F-1 ANIMAL CONTROL OFFICER.
3-2-F-2 RIGHT OF ENTRY.
3-2-F-3 IMPOUNDMENT, REDEMPTION AND DISPOSITION PROVISIONS.
3-2-F-4 CHAPTER ADMINISTRATION.
3-2-F-5 NUISANCE DECLARED; INJUNCTION.
3-2-F-6 PENALTIES.

Section 3-2-F-1 ANIMAL CONTROL OFFICER.

There is hereby created the position of Animal Control Officer* for the City. The Animal Control Officer shall be charged with the enforcement of this Chapter, and no person shall interfere with, hinder, molest or abuse such Officer in the exercise of his duties.

*See Section 3-2-G-2 for Definition.*

Section 3-2-F-2 RIGHT OF ENTRY.

Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Animal Control Officer has probable cause to believe that there exists in any building or upon any property any violation of this Chapter, or whenever necessary to impound an animal, the Officer may enter such building or property at all reasonable times to inspect the same or to perform any duty imposed upon the Officer by this Chapter; provided, that if such building or property is occupied, the Officer shall first present proper credentials and demand entry, and if such building or property is unoccupied, the Officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or property and demand entry. If the owner or occupant denies entry, the Officer shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Officer for the purpose of inspection and examination pursuant to this Code. Such refusal shall constitute a violation of this Chapter and is punishable as set forth in Section 3-2-F-6.

Nothing in this Section shall be deemed to prevent the Animal Control Officer from entering upon property without consent when the condition or animal is found in plain sight, not within a private structure, or under conditions constituting an emergency.

Section 3-2-F-3 IMPOUNDMENT, REDEMPTION AND DISPOSITION PROVISIONS.

The Animal Control Officer is authorized to immediately impound any animal found at large; any animal that has bitten, scratched, attacked or otherwise injured a person or other animal; any animal suspected of having a disease transmissible to human beings; any animal whose life or welfare appears to be in danger; or any animal found on premises within the City in excess of the number permitted by this Code in the absence of a special permit. Such animals may be impounded even though no citizen makes a complaint and even if the Animal Control Officer issues no notice to appear.

Notice To Owner Of Impoundment: The Animal Control Officer shall attempt to notify the owner of any animal impounded under this Chapter, if such owner is known or reasonably ascertainable, by telephone, personal service or by posting notice on the owner's house or other property.
Confinement And Disposition: Such animal shall be confined in an approved animal shelter for not more than five (5) days, such period of time starting the day the animal is picked up. During said five (5) day holding period, the animal may be released to its owner upon payment of any and all related fees and charges. The animal shelter also shall have authority to move any animal impounded to a veterinary hospital for treatment or observation, or to order euthanasia if it appears that the animal is diseased or disabled beyond recovery for any useful purpose, or is determined to be wild. If the owner does not reclaim his animal during the five (5) day holding period, or if the unknown and not reasonably ascertainable, the animal shelter may offer for adoption or euthanize such animal after the five (5) day holding period.

Notwithstanding the above and as provided in Section 3-2-D-11 of this Chapter, any animal impounded pursuant to a report that any person or other animal has been bitten by that animal shall be held for a period of at least ten (10) days for the purpose of observing such animal for symptoms of rabies .
Fees And Charges:
1. Impoundment And Boarding Fees: Any dog or cat may be claimed by its owner upon full payment of impoundment and boarding fees, as provided by ordinance or resolution or as otherwise permitted.
2. License Bond: An amount as provided by ordinance or resolution or as otherwise permitted as a license bond shall also be required for those animals for whom proof of a current City license cannot be verified. If the animal is not licensed and fails to get licensed within seven (7) business days, commencing the day following the making of said bond, the bond shall be forfeited to the City. If the animal is licensed or gets licensed within seven (7) business days, commencing the day following the making of said bond, the bond shall be returned to the owner.
Recovery of Costs: The City shall be entitled to recover all costs incurred for impounding, boarding, caring for, or euthanizing any animal impounded or held pursuant to the provisions of this Chapter, including but not limited to the cost for necessary veterinary care. Said fees shall be the responsibility of the owner of said animal, and shall be in addition to any fine imposed for a violation of the provisions of this Chapter. Failure to pay said costs within ten (10) days after receipt of a written notice of the amount due shall be a violation of this Section.
Disposition of Unclaimed Animals: After the expiration of the five (5) day holding period provided in this Section, the animal shelter holding any unclaimed animal shall be deemed the owner of such animal, and shall determine the method of disposition of the animal thereafter.
Diseased Animals: All animals impounded for reasons of suspected disease may be reclaimed by their owners upon evaluation and treatment by a veterinarian approved by the City who shall certify, in writing, that the animal is safe for release.

Section 3-2-F-4 CHAPTER ADMINISTRATION.

The City Administrator is authorized to develop administrative regulations necessary to implement the provisions of this Chapter, including procedures for animal enumerations, animal shelter operation and such other fees required by this Chapter but not specified herein.

Section 3-2-F-5 NUISANCE DECLARED; INJUNCTION.

Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation hereof. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.

Section 3-2-F-6 PENALTIES.

The violation of any provision of this Chapter is a public offense, and any person convicted thereof shall be punished as provided in Section 1-1-C-3 of this Code. Each day that any violation of this Chapter continues shall constitute a separate offense. Further, upon conviction, the Court shall have the authority to enter additional orders as it deems appropriate, including but not limited to removal of any offending animal(s) from the City or prohibiting a person from owning animals within the City.

Article 3-2-G DEFINITIONS

Sections:

3-2-G-1 ANIMALS AND ANIMAL CONTROL DEFINITIONS GENERALLY.
3-2-G-2 ANIMALS AND ANIMAL CONTROL DEFINITIONS - A-C.
3-2-G-3 ANIMALS AND ANIMAL CONTROL DEFINITIONS - D-F.
3-2-G-4 ANIMALS AND ANIMAL CONTROL DEFINITIONS - G-L.
3-2-G-5 ANIMALS AND ANIMAL CONTROL DEFINITIONS - M-P.
3-2-G-6 ANIMALS AND ANIMAL CONTROL DEFINITIONS - Q-Z.
3-2-G-7 BEEKEEPING DEFINITIONS.

Section 3-2-G-1 ANIMALS AND ANIMAL CONTROL DEFINITIONS GENERALLY.

For the purposes of this Chapter 2, the following terms, phrases, words and derivations shall have the meanings given herein.

Section 3-2-G-2 ANIMALS AND ANIMAL CONTROL DEFINITIONS - A-C.

ABANDON: Includes, but is not limited to, any instance where an owner leaves an animal without demonstrated or apparent intent to recover or resume custody; leaves an animal for 12 hours or more without providing adequate food, water, or shelter for the duration of the absence; turns out or releases an animal; dumps an animal from a vehicle; or is aware that an animal is awaiting redemption at a location designated by Animal Control and fails to make an attempt to redeem it.

ANIMAL: Any vertebrate (to include, but not be limited to, mammals, birds, reptiles, amphibians and fish), whether classified as wild or domesticated, other than humans.

ANIMAL CONTROL OR ANIMAL CONTROL OFFICER: Any person employed by the City for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing or permitting animals, control of animals or seizure and impoundment of animals, and includes any City law enforcement officer whose duties in whole or in part include assignments which involve the control, seizure or taking into custody of any animal.

ANIMAL NUISANCE: Is created when an animal:

Molests or disturbs persons or vehicles by chasing, barking, growling, charging or biting;
Attacks other animals;
Barks, whines, howls, brays, cries or makes other noise excessively, which is so loud, continuous, or untimely so as to cause unreasonable annoyance, disturbance or discomfort to any person;
Is found on public property and obstructs or interferes with vehicular or pedestrian traffic;
Threatens or causes a condition which endangers public health; or
Impedes refuse collection by ripping any bag or tipping any container of such.

ANIMAL SHELTER: Any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter.

ATTACK: An aggressive act by an animal, directed at a person or other animal, resulting in a visible injury or trauma to the person or other animal.

AT LARGE: An animal shall be considered at large if it is found on property other than that of its owner, except when such animal is merely passing along or through such property while being led on a leash. An animal shall not be considered at large if it is on the property of its owner, so long as such animal is confined to a chain, leash, or other lead which is of sufficient strength to hold the animal, secured within a fence including an electronic fence so long as the requirements of Section 3-2-C-6 are met, or under the control of a responsible person and obedient to that person's command.

BITE: Any contact between an animal's mouth or teeth and the skin of a bite victim which causes visible trauma such as a puncture wound, laceration, abrasion or other breaking of the skin, which could result in the saliva of the biting animal contacting the wound.

CAT: Any member of the animal species, Felis catus, six (6) months or more in age.

Section 3-2-G-3 ANIMALS AND ANIMAL CONTROL DEFINITIONS - D-F.

DANGEROUS ANIMAL: Means and includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property.

DANGEROUS DOG OR CAT:

Any dog or cat with a known propensity, tendency or disposition to attack, cause injury to, or otherwise threaten the safety of human beings or domestic animals; or
Any dog or cat which has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property; or
Any dog or cat which, without provocation, approaches any person in a vicious or terrorizing manner or in an apparent attitude of attack upon any public or private property; or
Any dog or cat which, without provocation, bites a human being or domestic animal; or
Any dog or cat owned primarily or in part for the purpose of dog or cat fighting or any dog or cat trained for dog or cat fighting; or
Any dog or cat that has more than once severely injured or killed a domestic animal.

Notwithstanding the definition of a "dangerous dog or cat" herein, when determining whether a dog or cat is dangerous pursuant to this Section, the Court may consider as mitigating factors whether any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises owned or occupied by the owner of the dog or cat; was teasing, tormenting, abusing or assaulting the dog or cat; was committing or attempting to commit a crime; or whether the dog or cat was protecting or defending a human being within the immediate vicinity of the dog or cat from an unjustified attack or assault.

This definition shall not apply to police dogs.

DOG: Any member of the animal species, Canis familiaris, six (6) months or more in age.

DOMESTIC ANIMAL (NON-FARM): Any species of animal selectively bred by human beings through several generations for the qualities required for the animals to successfully live with human beings. This includes, but is not limited to dogs, cats, rabbits, rodents, reptiles, birds, fish, and other animals which are commonly found in pet stores, were bred in captivity, and have never lived in the wild.

ENCLOSURE: A fence (not the perimeter fence of the property or yard) or structure of six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1').

EUTHANIZE OR EUTHANASIA: The humane destruction of an animal, which may be accomplished by any of those methods provided in K.S.A. 47-1718 and amendments thereto.

EXOTIC ANIMAL: Any non-domesticated species of animal that is native to a foreign country and is not native to the United States of America.

Section 3-2-G-4 ANIMALS AND ANIMAL CONTROL DEFINITIONS - G-L.

HARBOR OR HARBORER: Any person who provides food and/or shelter for any wild, exotic, hybrid or domesticated (farm or non-farm) animal.

HUMANE: Any action taken in consideration of and with the intent to provide for an animal's health and well-being.

HUMANE SOCIETY: Any incorporated, nonprofit organization approved by the City that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoption of animals.

HYBRID ANIMAL: Any species of animal which is the result of the mating of a domestic animal and a wild or exotic animal. All generations of offspring from this mating are considered to be Hybrid.

IMPOUND: To seize summarily, confine or restrain in custody.

INOCULATION: The inoculation of an animal with a vaccine certified by a licensed veterinarian and as approved by the State of Kansas for use in the prevention of rabies. See also, Vaccination.

KENNEL: The house, store, yard, enclosure or place where three (3) or more animals are harbored or kept for the business of temporary or permanent boarding purposes or for breeding, showing or selling; provided, however, this definition shall not apply to animal shelters or to veterinary hospitals operated by veterinarians duly licensed under the laws of the State for treatment or boarding or to premises where dogs or cats are harbored or kept as pets of the owner as long as a special pet permit has been obtained as set out in Section 3-2-B-8 of this Chapter.

LICENSE TAG: A durable tag issued annually by the City evidencing a licensed dog or cat.

LIVESTOCK: Domestic animals of types customarily raised or kept on farms, including horses and other equine; cattle and other bovine; goats, sheep and other ovine; swine; llamas and other camelids; ostriches, emus and cassowaries; including miniature, dwarf or pygmy variations of all the foregoing animals. This term does not include domestic, non-farm animals as defined in Section 3-2-G-3.

Section 3-2-G-5 ANIMALS AND ANIMAL CONTROL DEFINITIONS - M-P.

OWN: Means and includes own, keep, harbor or have charge, custody or control of an animal.

OWNER: Any person or persons, firm, association, partnership or corporation owning, keeping or harboring or having charge, custody or control of an animal. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by children upon their premises.

POLICE DOG: Any dog owned and utilized by a public law enforcement agency for either general police patrol work and/or narcotics detection. This definition also applies to police dogs which reside with their assigned officer when not on duty.

POULTRY: Domestic fowl, such as turkeys, chickens, ducks, or geese and other birds commonly found on farms and not commonly kept in a primary residential structure, including peafowl. This definition does not include ostriches, emus, or cassowaries which are considered to be livestock.

Section 3-2-G-6 ANIMALS AND ANIMAL CONTROL DEFINITIONS - Q-Z.

SERVICE DOG: Any dog individually trained to provide assistance to an individual with a disability. The presence of a dog for comfort, protection or personal defense does not qualify as a service dog.

SUBSTANTIAL COMPETENT EVIDENCE: That which possesses relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved.

TRAP: Any mechanical device or snare which seeks to hold, capture or kill an animal.

TRAPPING: The setting or laying or otherwise using of a trap.

VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of animals.

VACCINATION, OR VACCINATION FOR RABIES: The inoculation of an animal with a vaccine certified by a licensed veterinarian and as approved by the State of Kansas for use in the prevention of rabies. See also, Inoculation.

WILD ANIMAL: Any non-domesticated species of animal that is inherently free roaming, not specifically bred by human beings, and is native to the United States of America.

Section 3-2-G-7 BEEKEEPING DEFINITIONS.

The following definitions are specific to Article E of this Chapter. When considering any other term, condition, phrase, etc., those definitions contained within Sections 3-2-G-2 through 3-2-G-6 of this Article shall also apply:

APIARY: A place where bee colonies are kept.

COLONY: A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

DEVELOPED PROPERTY: Any land that is improved or in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use and occupancy and the grounds maintained in association therewith.

HIVE: A structure intended for the housing of a bee colony.

Article 3-2-H LIVESTOCK AND POULTRY REGULATIONS

Sections:

3-2-H-1 KEEPING OF LIVESTOCK AND POULTRY; NUMBER LIMITED; SETBACKS.
3-2-H-2 SPECIAL LIVESTOCK PERMIT; APPLICATION; FEE; INVESTIGATION.

Section 3-2-H-1 KEEPING OF LIVESTOCK AND POULTRY; NUMBER LIMITED; SETBACKS.

It is unlawful to own any livestock or poultry in the City, except as set forth in this Article. The number of livestock and poultry permitted to be kept shall be determined by the zoning and lot size of a particular parcel of property, as set forth in Table A. The numeric limits for livestock and poultry set forth in Table A are not exclusive, so long as the total number of livestock and poultry does not exceed the numeric limits in Table A. A minimum lot size of 1 acre shall be required to keep any number of livestock or poultry in the City. The size of the lot shall be determined through reference to the Johnson County, Kansas Land Records as maintained by the Johnson County Appraiser.

Table A

Zoning:	AG			RE or RPE			All Other Zoning Districts
Lot Size:	Less than 1 acre	1-3 acres	3+acres	Less than 1 acre	1-3 acres	3+ acres	Any lot size
POULTRY	0	4 per acre, not to exceed 12	No Limit	0	4 per acre, not to exceed 12	Maximum 12	0
LIVESTOCK	0	2 per acre, not to exceed 6	No Limit	0	2 per acre, not to exceed 6	Maximum 6	0

Setbacks: No corral, shelter or containment area may be within 100 feet of any adjacent dwelling, other than that of the owner of such livestock; within 100 feet from the front lot line or front building line, whichever is greater; and within 25 feet of any side or rear property line. Deviations to these minimum setbacks may be allowed with an approved special livestock permit, so long as they are based upon pre-existing conditions, topography or other unique site conditions.
A special livestock permit shall be required to keep any livestock or poultry outside of the numeric, lot size or setback provisions of this Article.

Section 3-2-H-2 SPECIAL LIVESTOCK PERMIT; APPLICATION; FEE; INVESTIGATION.

Any person who desires to deviate from the numeric, lot size or setback limits set forth in Section 3-2-H-1 for AG, RE or RPE zoning districts may apply to the City for a special livestock permit. No deviations are permitted for other zoning districts. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall: (1) identify the applicant by name, address, and telephone number; (2) identify each of the proposed livestock or poultry by species, breed, age, and sex (including whether or not animal is castrated); (3) provide the parcel identification number and acreage of the property, as listed with Johnson County, Kansas Land Records, upon which the livestock/poultry will be kept; (4) describe the location of shelter and other facilities on the property for the proposed livestock and/or poultry; (5) identify whether the applicant owns, leases, or rents the property, and if the property is leased or rented, identify the property owner(s) by name, address, and telephone number; and (6) identify any other person who may share in the care, custody and control of the livestock/poultry.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different from the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application directly to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special livestock permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control’s decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the special livestock permit shall be issued for the specific number of animals listed in the application and shall not be transferable to any other species of animal, another owner, or to any other address or premises. A permit holder may replace an animal with another animal of the same species without applying for and obtaining approval of a new special livestock permit. However, no additional livestock or poultry may be added to the premises without first applying for and obtaining approval for a new special livestock permit identifying the additional animal(s).
3. If conditionally approved, the City shall notify the applicant in writing of the specific conditions the applicant must meet and/or maintain throughout the duration of the permit in addition to the conditions in B-2 above. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the special livestock permit is denied, any excess animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the excess animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection D below, must elapse before another application for the same owner or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a special livestock permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A special livestock permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The animals subject to the permit are in the same number and of the same species of animals listed on the original application; provided, that a special livestock permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.
Revocation of Special Livestock Permit: The special livestock permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time any non-permitted animals must be removed from the premises. Removal and/or impoundment of the animals shall be governed as provided in subsection B-4 above. The applicant has the right to appeal the revocation of the permit as provided in subsection B-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.

Article 3-2-I EXOTIC/WILD ANIMAL REGULATIONS

Sections:

3-2-I-1 KEEPING OF EXOTIC/WILD/HYBRID ANIMALS.
3-2-I-2 WILD ANIMAL PERMIT; APPLICATION FEE; INVESTIGATION.

Section 3-2-I-1 KEEPING OF EXOTIC/WILD/HYBRID ANIMALS.

It is unlawful to own or maintain any exotic, wild or hybrid animals in the City, except as set forth in this Article. Any person possessing a state or federal permit authorizing the possession of native wild animals for scientific collection, education, exhibition or rehabilitation purposes may apply for a wild animal permit to keep the same in the City. Nothing herein shall be construed to permit the keeping of exotic, wild, or hybrid animals for any purpose not set forth above, including as pets.

Section 3-2-I-2 WILD ANIMAL PERMIT; APPLICATION FEE; INVESTIGATION.

Any person who possesses a state or federal permit authorizing the possession of wild animals for scientific collection, education, exhibition or rehabilitation purposes and who desires to keep the wild animals authorized by said permit in the City may apply to the City Clerk for a wild animal permit.
The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall include: (1) the name, address, and telephone number of the applicant; (2) copies of any federal or state permit(s) authorizing the applicant to possess wild animals for scientific collection, education, exhibition or rehabilitation purposes; (3) a description of the location of shelter and/or other facilities on the property for the proposed animals; (4) a certificate of insurance, listing the City as the certificate holder, evidencing liability coverage of at least five hundred thousand dollars ($500,000.00) for bodily injury or death of any person or persons and damage to property caused by the wild animals; (5) whether the applicant owns, leases, or rents the property where the wild animals are to be kept, and if leased or rented, identify the property owner(s) by name, address, and telephone number; (6) the name, address and telephone number of any subpermittees of any federal or state permit(s), as well as any other person(s) who may share in the care, custody and control of the animals; and (7) the signature of the applicant certifying that he/she will comply with all permit requirements.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different from the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application directly to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a wild animal permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control’s decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the wild animal permit shall be subject to the following conditions:
  1. that the applicant maintain any federal or state permit(s) authorizing the possession of said animals and comply with any reporting or other conditions of such federal or state permit(s);
  2. that copies of any reports that are filed with the federal or state agency issuing such federal or state permit(s) shall be simultaneously filed with the City; and
  3. that the applicant notify the City upon the expiration or non-renewal of any federal or state permit(s).
3. If conditionally approved, the City shall notify the applicant in writing of the specific conditions the applicant must meet and/or maintain throughout the duration of the permit, in addition to the conditions required by C-2 above. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the wild animal permit is denied, any animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the non-permitted animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a wild animal permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A wild animal permit shall expire automatically upon the expiration of any federal or state permit authorizing the possession of said animals or upon December 31 of the calendar year in which it is issued, whichever is earlier. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The federal or state permit(s) authorizing the possession of said wild animals remains in effect and the applicant is in compliance with all conditions of said permit, including reporting requirements.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.
Revocation: The wild animal permit may be revoked at any time by the City upon a showing that the applicant, any subpermittee, or any other person having custody or control over any of the animals subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the conditions of the permit or requirements of this Code; or was involved in any activity prohibited by Federal, State or local law; or there has been any violation of or non-compliance with the federal or state permit(s) authorizing possession of said wild animals; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time any wild animals must be removed from the premises. The applicant has the right to appeal the revocation of the permit as provided in subsection C-6 above; however, all wild animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.

Chapter 3-3 EMERGENCY MANAGEMENT

ARTICLES:

3-3-A LOCAL REGULATIONS
3-3-B EMERGENCY

Article 3-3-A LOCAL REGULATIONS

Sections:

3-3-A-1 ORGANIZATION CREATED.

Section 3-3-A-1 ORGANIZATION CREATED.

There is hereby created within the City an Emergency Management Organization. The City Administrator is authorized to appoint an Emergency Management Director and subordinate officers as may be required. The City is authorized to adopt by resolution an emergency management organizational plan and to acquire, in the name of emergency management, such emergency operating equipment as may be necessary to carry out the provisions of law.*

*K.S.A. 48-904 through 48-939 inclusive.*

Article 3-3-B EMERGENCY

Sections:

3-3-B-1 EMERGENCY OCCURRENCE.
3-3-B-2 PROHIBITED ACTS.

Section 3-3-B-1 EMERGENCY OCCURRENCE.

Whenever the Mayor or, in the event of his inability to act, the majority of the remaining members of the Council, determines that an emergency exists as a result of any technological, natural disaster and national or local security emergencies having the potential to affect the people of Lenexa or that could cause danger of injury or damages to persons or property, he shall have the power to impose, by proclamation, the Emergency Management Plan to preserve the peace and order of the City.*

*K.S.A. 48-932(b).*

No such state of local emergency shall be continued for a period in excess of seven (7) days or renewed except with the consent of the City Council. Any proclamation declaring, continuing or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly with the City Clerk.

Section 3-3-B-2 PROHIBITED ACTS.

It shall be unlawful for any person to wilfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency. Any such person failing or refusing to comply therewith shall be punished as provided in Section 1-1-C-3 of this Code.

Chapter 3-4 GRAFFITI

ARTICLES:

3-4-A LEGISLATIVE PURPOSE
3-4-B PROHIBITED ACTS
3-4-C RIGHT OF ENTRY/ABATEMENT
3-4-D REWARD FOR INFORMATION LEADING TO ARREST
3-4-E PENALTY
3-4-F DEFINITIONS

Article 3-4-A LEGISLATIVE PURPOSE

Sections:

3-4-A-1 PURPOSE AND SCOPE.

Section 3-4-A-1 PURPOSE AND SCOPE.

The City Council hereby declares, as a matter of legislative determination, that:

The increasing incidents of the defacement of public and private property through the application of graffiti upon walls, rocks, sidewalks, bridges, buildings, fences, gates, other structures, trees and other real and personal property within the corporate boundaries of the City constitute a blight on this community, and in the interests of health, safety and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this blight.
Based on reports which the City Council has received, such defacement of property is most often committed by using aerosol containers of spray paint and broad-tipped indelible markers.
When appropriate, the courts shall require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged or destroyed.
Obtaining convictions for the application of graffiti is difficult due to the fact that the offense can be committed so very quickly and secretively that witnesses to the act are frequently nonexistent.
The public should be encouraged, through the promise of a reward, to cooperate in the elimination of graffiti by reporting to the proper authorities the incidents of the application of graffiti which the members thereof observe.
The public should be encouraged to cooperate in the removal or abatement of graffiti by undertaking to provide for the painting or repair of areas where graffiti is located.

Article 3-4-B PROHIBITED ACTS

Sections:

3-4-B-1 PROHIBITED, THE ACT OF DEFACEMENT.
3-4-B-2 PROHIBITED, MAINTAINING BUILDING WITH GRAFFITI.
3-4-B-3 NOTICE.

Section 3-4-B-1 PROHIBITED, THE ACT OF DEFACEMENT.

It shall be unlawful for any person to write, paint or draw upon any wall, rock, sidewalk, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as "graffiti".

Section 3-4-B-2 PROHIBITED, MAINTAINING BUILDING WITH GRAFFITI.

It shall be unlawful for any person to maintain any building or structure, any wall, rock, sidewalk, bridge, building, fence, gate, other structure, tree or other real or personal property in a condition whereby graffiti is allowed to remain on said building or structure for a period of time in excess of ten (10) days.

Section 3-4-B-3 NOTICE.

Said ten (10) days referred to in Section 3-4-B-2 of this Article shall commence with written notice being given to said person(s) by the Public Officer, and if said person fails to remove the same, then, upon conviction, the owner shall be punished as set out in Section 3-4-E-2 of this Chapter. Said ten (10) day period can be extended at the discretion of the Public Officer due to inclement weather conditions.

Article 3-4-C RIGHT OF ENTRY/ABATEMENT

Sections:

3-4-C-1 RIGHT OF ENTRY.
3-4-C-2 ABATEMENT/LIABILITY.

Section 3-4-C-1 RIGHT OF ENTRY.

Whenever necessary to make an inspection of or abate graffiti or to enforce any provision of this Chapter, the Public Officer or any other City employee may enter onto property at all reasonable times to inspect or abate the graffiti.

Section 3-4-C-2 ABATEMENT/LIABILITY.

Neither the City, City employees, agents of the City nor any party assisting the City shall assume any liability in the inspection or abatement of graffiti found within the City.

Article 3-4-D REWARD FOR INFORMATION LEADING TO ARREST

Sections:

3-4-D-1 INFORMATION LEADING TO ARREST/REWARD.
3-4-D-2 PAYMENT OF REWARD.

Section 3-4-D-1 INFORMATION LEADING TO ARREST/REWARD.

The City will pay to any person who provides information which leads to the arrest and conviction of any person who applies any drawing, inscription, figure or mark of the type which is commonly known and referred to as "graffiti" to any wall, rock, sidewalk, bridge, building, fence, gate, other structure, tree or other real or personal property a reward in the amount of one hundred dollars ($100.00). In no event shall rewards be paid beyond the amount allocated by the City Council for this expenditure.

Section 3-4-D-2 PAYMENT OF REWARD.

Upon conviction of the person so arrested, the reward shall be paid to the person who provides such information.

Article 3-4-E PENALTY

Sections:

3-4-E-1 VIOLATION OF SECTION 3-4-B-1/PENALTY.
3-4-E-2 VIOLATION OF SECTION 3-4-B-2/PENALTY.

Section 3-4-E-1 VIOLATION OF SECTION 3-4-B-1/PENALTY.

Any person who is convicted of a violation of Section 3-4-B-1 of this Chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term of not to exceed six (6) months or by any combination of such fine and imprisonment. In addition to such punishment, the court shall, in imposing sentence, order the defendant to pay restitution to the property owner for the property so defaced, damaged or destroyed. Imprisonment shall include placement in a juvenile facility. Each day the violation exists may constitute a separate offense.

Section 3-4-E-2 VIOLATION OF SECTION 3-4-B-2/PENALTY.

Upon conviction of a violation of Section 3-4-B-2 of this Chapter, the owner shall be punished by a fine of not less than two hundred fifty dollars ($250.00) or by imprisonment for a term not to exceed six (6) months or by both fine and imprisonment. Each day the violation exists may constitute a separate offense.

Article 3-4-F DEFINITIONS

Sections:

3-4-F-1 DEFINITIONS.

Section 3-4-F-1 DEFINITIONS.

Except as is otherwise required by the context, as used in this Chapter, the following words and terms shall have the meanings ascribed to them as follows:

GRAFFITI: The defacement of any wall, rock, sidewalk, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, by the use of any mark made by, but not limited to, writing, painting or drawing, scratching or marring.

PERSON: Any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.

SIDEWALK: Any pedestrianway on property privately owned and the responsibility of such private owner, except for any sidewalk within a public right-of-way which, for the purposes of this Article, shall be considered the responsibility of the City.

Chapter 3-5 ENVIRONMENT AND HEALTH

ARTICLES:

3-5-A ENVIRONMENTAL CODE
3-5-B EMERGENCY ACTION EXPENSE RECOVERY FOR HAZARDOUS MATERIAL
3-5-C HEALTH NUISANCES
3-5-D OPEN BURNING
3-5-E RODENT CONTROL
3-5-F SMOKING RESTRICTIONS
3-5-G WEEDS AND GRASS
3-5-H ADMINISTRATION AND ENFORCEMENT
3-5-I DEFINITIONS

Article 3-5-A ENVIRONMENTAL CODE

Sections:

3-5-A-1 PURPOSE.
3-5-A-2 APPLICATION OF PROVISIONS.
3-5-A-3 UNLAWFUL ACTS.

Section 3-5-A-1 PURPOSE.

The City Council finds that there exists within the City conditions of structures and lands which are dangerous or injurious to the health, safety or general welfare of the occupants of such structures and lands or other residents of the City or which have a blighting influence on the properties in the area. Such conditions include the following, without limitation: defects therein increasing the hazards of fire, accident or other calamities; dilapidation; disrepair; structure defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth and unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies or machinery; vermin infestation; inadequate drainage; or any violation of health, fire, building or any other laws or regulations relating to the use of land and the use and occupancy of the buildings and improvements.

Section 3-5-A-2 APPLICATION OF PROVISIONS.

The provisions of this Article shall apply to residential and nonresidential structures, to residential and nonresidential lands and to vacant lots.

Section 3-5-A-3 UNLAWFUL ACTS.

No person, as owner or occupant of any land or structure described in this Article, may cause or permit any of the following to exist in any condition other than as set out below:

Exterior of Structure; General Requirements: All exterior surfaces of structures, including but not limited to, walls, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior surfaces of every structure shall be maintained free of holes, broken window glass, loose or rotting shingles, siding or lumber, crumbling bricks or stone, and other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building.
Foundation: The foundation of a structure shall be maintained higher than the adjacent ground level and have no openings large enough to allow animals to enter under the structure.
Exterior of Structure; Protective Covering: All exterior wood surfaces, other than decay-resistant woods, including but not limited to, walls, doors, door and window frames, cornices, trim, decorative features, porches, gutters, overhang structures, balconies, decks, and fences, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated and surfaces repainted promptly. Peeling, flaking, and chipped paint areas in excess of twenty-five percent (25%) of the surface area of any one side of a structure or any one identifiable component (e.g., door, garage door, window trim) shall be eliminated and the surfaces repainted promptly. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained in a weather resistant and water tight condition. All metal surfaces subject to rust or corrosion shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Windows and Doors: Windows and doors shall be maintained in good, effective condition. All window panes and doors shall be intact, and if screening is provided, it shall be in serviceable condition.
Roof, Guttering and Drainage: The roof and flashing shall be sound, tight, and not admit rain into the interior portions of the walls or to the occupied spaces of the building. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair, free from obstructions, and shall be properly anchored so as to be kept in a safe and sound condition. Roof water and water from intermittent sources such as discharges from sump pumps, foundation drains, or other similar sources, excluding lawn sprinklers, shall not be discharged at a point closer than four (4) feet to any adjoining property line nor in a manner that creates a public or private nuisance.
Attached Structures:
1. Stairs and Porches: All stairs, fire escapes, porches, balconies, and all appurtenances attached thereto shall be constructed and maintained to be safe to use and capable of supporting the loads to which it is subjected.
2. Overhang Extensions: All canopies, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
3. Decorative Features: All cornices, entablatures, corbels, trim, wall facings, and similar decorative features shall be maintained in good repair and safe condition with proper anchorage.
Land Maintenance: Land, whether occupied by structures or vacant, shall be maintained in such a manner to be free of conditions that constitute health and safety hazards, encourages abuse and trespassing by others, creates a blighting effect in the neighborhood or otherwise adversely affects adjacent properties.
Animal Sanitation:
1. No excessive accumulation of animal waste shall be permitted on any property, and animal wastes shall not be disposed of in an open ditch or storm drain.
2. All carcasses of animals shall not remain exposed after death.
Swimming Pools, Ponds, etc.:
1. Ponds, reservoirs, swimming pools or other receptacles of water shall be maintained in a sanitary condition, free of trash, debris, garbage or other effluvia.
2. Fencing or other protective barriers around swimming pools* shall be maintained to serve the purpose intended of restricting small children.
  
  *See subsection 4-1-B-24-F-4 of this Code for fence requirements.*
3. Holes in or under barriers or malfunctioning self-closing, self-latching devices and locking materials on gates shall be repaired or replaced.
Sheds, Garages or Other Out-Buildings: Sheds, garages or other out-buildings shall be maintained in a whole condition, free of missing boards, broken doors or glass or other conditions that would allow harborage of rats or animals. Such buildings shall be capable of serving the purpose of protection from rain, snow, etc. Any storage of trash and garbage therein is prohibited to the extent it provides an attraction for rodents or animals.
Temporary Sanitary Facilities: Temporary sanitary facilities are restricted to construction projects and recreational activities for which approval has been granted. Such facilities shall be maintained and not be offensive to any nearby residents.
Trash and Refuse Accumulations: The throwing, leaving, depositing or allowing the accumulation of any worn out, broken or worthless item, waste, garbage, trash, debris or refuse on any property, drainage course or other land is prohibited. Such substances are those that impede mowing of weeds or tall grass, are food products or food containers attracting insects, rodents or animals or are useless as evidenced by their broken, deteriorated or dismantled condition.

Article 3-5-B EMERGENCY ACTION EXPENSE RECOVERY FOR HAZARDOUS MATERIAL

Sections:

3-5-B-1 PURPOSE.
3-5-B-2 UNLAWFUL ACTS; REPORTING REQUIRED.
3-5-B-3 CLEANUP OR ABATEMENT OF HAZARDOUS MATERIALS.
3-5-B-4 RECOVERY OF EXPENSES.
3-5-B-5 REMEDIES NOT EXCLUSIVE.
3-5-B-6 CONFLICTING PROVISIONS.
3-5-B-7 VIOLATION; PENALTIES.

Section 3-5-B-1 PURPOSE.

The purpose of this Article is to provide a method for recovering those costs incurred by the City when emergency action is taken to clean up releases or threatened releases of hazardous material.

Section 3-5-B-2 UNLAWFUL ACTS; REPORTING REQUIRED.

It shall be unlawful for any person described in subsection 3-5-B-3-C of this Article to allow or cause any release or threatened release of hazardous material within the City. In addition, it shall be unlawful for any person described in subsection 3-5-B-3-C of this Article not to immediately report any release or threatened release of hazardous material within the City to an emergency service agency of the City.

Section 3-5-B-3 CLEANUP OR ABATEMENT OF HAZARDOUS MATERIALS.

The Fire Chief is authorized to order cleanup or abatement of the effects of any emergency action relating to hazardous material unlawfully released, threatened to be released, discharged or deposited upon or into any property or facility within the City.
Supervision or Verification of Cleanup: In the event that any person undertakes, either voluntarily or upon order of the Fire Chief, to clean up or abate the effects of any hazardous materials unlawfully released, discharged or deposited upon or into any property or facilities within the City, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection C of this Section shall be liable to the City for all costs incurred as a result of such supervision or verification.
Liability for Costs: The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:
1. The person whose negligent or wilful act or omission proximately caused such release, discharge or deposit;
2. The person who owned or had custody or control of the hazardous materials at the time of such release, discharge or deposit, without regard to fault or proximate cause;
3. The person who owned or had custody or control of the container which held such hazardous materials at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause; and
4. The person who, at the time such release, discharge or deposit of hazardous materials took place, possessed an ownership interest in the real property or premises upon which such release, discharge or deposit of hazardous materials occurred, without regard to fault or proximate cause.

Section 3-5-B-4 RECOVERY OF EXPENSES.

Itemization of Recoverable Expenses: City personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses resulting from an emergency action. Promptly, after completion of an emergency action, the City department involved shall certify those expenses to the City Administrator.
Submission of Claim: The City shall submit a written itemized claim for the total expenses incurred by the City for the emergency action to the responsible person and a written notice that, unless the amounts are paid in full to the City within thirty (30) days after the date of the mailing of the claim and notice, the City will file a civil action seeking recovery for the stated amount.
Lien on Property: The City may cause a lien in the amount of the recoverable expenses to be placed on any real property located within the City and owned by the person causing or responsible for the emergency action.
Civil Suit: The City may bring a civil action for recovery of the recoverable expenses against any and all persons causing or responsible for the emergency action.

Section 3-5-B-5 REMEDIES NOT EXCLUSIVE.

The remedies provided by this Article shall be in addition to any other remedies provided by law.

Section 3-5-B-6 CONFLICTING PROVISIONS.

Nothing in this Article shall be construed to conflict with State or Federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activities and/or paying the costs thereof.

Section 3-5-B-7 VIOLATION; PENALTIES.

Each conviction for a violation of any of the provisions or requirements of this Article shall be a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) and imprisonment of up to six (6) months or both fine and imprisonment. Any fine or term of imprisonment imposed by the Court shall be in addition to any and all expenses recovered pursuant to Section 3-5-B-3 of this Article.

Article 3-5-C HEALTH NUISANCES

Sections:

3-5-C-1 NUISANCES ENUMERATED GENERALLY.
3-5-C-2 ACCUMULATION OF RUBBISH.
3-5-C-3 NUISANCES PROHIBITED.

Section 3-5-C-1 NUISANCES ENUMERATED GENERALLY.

The following are hereby deemed and declared to be nuisances:

All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvia in the neighborhood where they exist, provided they are detected by and found to be offensive or disagreeable to a reasonable person with ordinary olfactory sensitivity.
All slop, foul or dirty water, filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water.
All ashes, cinders, slop, filth, sawdust, stones, rocks, dirt, straw, soot sticks, shavings, eggshells, cans, dust, paper, trash, rubbish, manure, refuse, offal, wastewater, putrid foods of all sorts, decayed fruits and vegetables, broken ware, rags, iron, old wearing material or any other offensive or disagreeable substance or thing thrown, left or deposited by anyone or caused to be left, thrown or deposited by anyone upon any street, sidewalk, public place, lot, vacant or occupied, stream or pool of water.

Section 3-5-C-2 ACCUMULATION OF RUBBISH.

It shall be unlawful for any person to allow to accumulate in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises any rubbish, trash, wastepaper, excelsior, empty boxes or barrels.

*See Title 2, Chapter 11 of this Code for solid waste regulations.*

Section 3-5-C-3 NUISANCES PROHIBITED.

It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit, maintain or keep any nuisance thereon.

Article 3-5-D OPEN BURNING

Sections:

3-5-D-1 OPEN BURNING PROHIBITED.
3-5-D-2 RESPONSIBILITY FOR OPEN BURNING. (Rep. Ord. 5138, 4/06/10)
3-5-D-3 EXEMPTIONS.
3-5-D-4 OPEN BURNING PERMITS.
3-5-D-5 PRIMA FACIE EVIDENCE; LIABILITY FOR DAMAGES.
3-5-D-6 RIGHT OF ENTRY AND INSPECTION.
3-5-D-7 PENALTY.

Section 3-5-D-1 OPEN BURNING PROHIBITED.

No person shall cause or allow open burning to occur within the City, unless otherwise permitted by and in compliance with this Article.

Failure to comply with the requirements of this Article, any requirements of a burning permit issued pursuant to Sections 3-5-D-3 and 3-5-D-4, or any oral directives of authorized Lenexa Fire Department personnel, shall constitute a violation of this Section and is punishable as set forth in Section 3-5-D-7.

Section 3-5-D-2 RESPONSIBILITY FOR OPEN BURNING. (Rep. Ord. 5138, 4/06/10)

Rep. Ord. 5138

Section 3-5-D-3 EXEMPTIONS.

Open burning may be conducted in the City in compliance with the following provisions:
1. Burn Permit Required:
  1. The Fire Chief is hereby authorized to issue the following categories of open burning permits to allow open burning as described. Each permit requires a prior site inspection and is subject to the conditions of this Article, any requirements listed on the permit, and all oral directives of the Lenexa Fire Department.
    1. Residential permit: For open burning of land clearance materials. Residential open burning must not occur within 50 feet of any structure, vehicle, or combustible material, or within 200 feet of any structure which is not on the same property.
    2. Agricultural permit: For open burning of vegetation such as grass, woody species, crop residue and other dry plant growth for agricultural purposes. Agricultural open burning must not occur within 200 feet of any structure, and may be subject to additional approvals from the Johnson County Environmental Department.
    3. Commercial permit: For open burning of land clearance materials for commercial purposes. Commercial open burning must not occur within 200 feet of any structure and may require the use of an air curtain destructor and/or pit, as determined in the sole discretion of the Fire Chief. Commercial burns may be subject to additional approvals from the Johnson County Environmental Department.
    4. Recreational permit: For open burning of campfires and other similar small recreational fires made of firewood. Recreational open burning must not occur within 25 feet of any structure, vehicle, or combustible material.
2. No Permit Required:
  1. Portable wood-burning units: Use of a portable wood-burning unit is allowed in accordance with the following provisions:
    1. The portable wood-burning unit shall be used to burn only traditional firewood or commercial fire starting products intended for use in such units. It shall not be used to burn refuse, land clearance materials, or similar items.
    2. The portable wood-burning unit shall not be located in City right-of-way, sidewalks or streets, and shall be located at least 25 feet from the nearest building or structure which is not on the same property as the portable wood-burning unit.
    3. The portable wood-burning unit shall be attended at all times while in use, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
  2. Grills and other outdoor cooking appliances: Use of a grill or outdoor cooking appliance is allowed in accordance with the following provisions:
    1. The grill or outdoor cooking appliance shall be used only to burn items or products intended for use in such units, such as charcoal, wood, propane or natural gas. It shall not be used to burn refuse, land clearance materials, or similar items.
    2. The grill or outdoor cooking appliance shall be monitored at all times while in use by a person in reasonable proximity, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
  3. Fire Suppression Training: This Article does not apply to burns or fires set for the purpose of instruction and training, if conducted under the direction and supervision of the Lenexa Fire Department.
Failure to comply with any of the requirements for exemption shall constitute a violation of this Section, and is punishable as provided in Section 3-5-D-7.

Section 3-5-D-4 OPEN BURNING PERMITS.

Permit Required: Any person desiring to conduct open burning, as exempted pursuant to Section 3-5-D-3-A-1, must first obtain an open burning permit from the Lenexa Fire Department and pay the applicable permit fee.
Authority to Grant Permit: The authority to grant an open burning permit provided for in this Article shall be vested with the Fire Chief, in his or her sole discretion. There shall be no right to appeal the denial of an open burning permit application, or revocation of an existing permit.
Information Required: Applicants for open burning permits must provide the name, address and telephone number of the owner of the property upon which the open burning will occur, the name of a person or persons responsible for the open burning, the date and time of open burning, and any other information requested by the Lenexa Fire Department.
Site Inspection: Each location that is the subject of an open burning permit application must be inspected by the Lenexa Fire Department prior to issuance of a permit.
Temporary Suspension/Summary Revocation: Any open burning permit issued shall be revocable at any time, and fires may be extinguished without prior notice upon a determination by the Fire Chief that such open burning is not being conducting in accordance with the terms and conditions upon which the permit was issued, or represents a hazard to the public’s health, safety or welfare. When weather conditions warrant, the Fire Chief may temporarily suspend issuing open burning permits and/or may temporarily suspend previously issued open burning permits.
Permit Fee: The fees for open burning permits shall be as adopted by ordinance or resolution or as otherwise permitted. All fees are non-refundable in the event a permit is not granted, voided, or revoked.
Void Permits: In addition to the penalties in Section 3-5-D-7, any violation of this Article, of the open burning permit, or of any oral directive of the Lenexa Fire Department shall immediately and summarily void any permit issued pursuant to this Section.

Section 3-5-D-5 PRIMA FACIE EVIDENCE; LIABILITY FOR DAMAGES.

In any prosecution charging a violation of this Article, evidence that the defendant named in the complaint was at the time of the violation the owner or otherwise in control of the property on which the burning occurred, shall constitute prima facie evidence that the defendant caused or allowed said open burning.
Any person who causes or allows open burning, or who is found guilty of a violation of this Article, shall be responsible for any and all costs or liabilities resulting from said open burning or its effects, including any and all costs incurred by the City as a result of managing, containing, suppressing, extinguishing, or abating any open burning.

Section 3-5-D-6 RIGHT OF ENTRY AND INSPECTION.

The Fire Chief may inspect any property at any time for the purpose of ascertaining compliance with the provisions of this Article.

Section 3-5-D-7 PENALTY.

Any person violating any of the provisions of this Article is guilty of a public offense and, upon conviction thereof, shall be punished as provided in Section 1-1-C-3. In addition, the City shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy, including an action to recover costs pursuant to Section 3-5-D-5, to compel compliance with this Article. Each day that a violation of this Article exists shall constitute a separate violation.

Article 3-5-E RODENT CONTROL

Sections:

3-5-E-1 BUILDING MAINTENANCE REQUIRED.
3-5-E-2 REMOVAL OF RAT-STOPPAGE PROHIBITED.

Section 3-5-E-1 BUILDING MAINTENANCE REQUIRED.

All buildings and structures located within the present or future boundaries of the City shall be rat-stopped, freed of rats and maintained in a rat-stopped and rat-free condition.

Section 3-5-E-2 REMOVAL OF RAT-STOPPAGE PROHIBITED.

It shall be unlawful for any occupant, owner, contractor, public utility company, plumber or any other person to remove the rat-stoppage from any building or structure for any purpose and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the entrance of rats.

Article 3-5-F SMOKING RESTRICTIONS

Sections:

3-5-F-1 PURPOSE.
3-5-F-2 MINORS. (Rep. Ord. 4035, 11/21/1996)
3-5-F-3 PROHIBITION OF SMOKING IN ENCLOSED PLACES OF EMPLOYMENT AND ALL ENCLOSED PUBLIC PLACES.
3-5-F-4 PLACES WHERE SMOKING IS NOT REGULATED.
3-5-F-5 RESPONSIBILITIES OF PROPRIETORS, OWNERS AND MANAGERS.
3-5-F-6 PENALTY FOR VIOLATION.
3-5-F-7 MINORS.
3-5-F-8 PROHIBITED SALE OR FURNISHING OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS; DEFENSES.

Section 3-5-F-1 PURPOSE.

The City Council finds and declares that exposure to secondhand smoke creates a health risk. The purpose of this Article is to promote public health by decreasing citizens' exposure to secondhand smoke and creating smoke free environments for workers and citizens through regulation in the work place and all public places.

Section 3-5-F-2 MINORS. (Rep. Ord. 4035, 11/21/1996)

Section 3-5-F-3 PROHIBITION OF SMOKING IN ENCLOSED PLACES OF EMPLOYMENT AND ALL ENCLOSED PUBLIC PLACES.

Smoking shall be prohibited in all enclosed places of employment within the City
It shall be the responsibility of the 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 prohibit smoking without exception in all areas of the place of employment.

The smoking policy shall be communicated to all current employees within one (1) week of its adoption and shall be communicated to all new employees upon hiring.
All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:
1. Any vehicle of public transportation, including, but not limited to, buses, limousines for hire and taxicabs.
2. Elevators.
3. Restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities.
4. Hotel and motel rooms and the lobbies and other common areas of such.
5. Libraries, educational facilities, daycare facilities as defined by Lenexa City Code, adult day care facilities, museums, auditoriums, aquariums, and art galleries.
6. 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.
7. Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, gaming floors, bowling alleys, arenas and swimming pools.
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. Shopping malls.
10. Sports arenas, including enclosed places in outdoor arenas.
11. Bars.
12. Restaurants.
13. Convention facilities.
14. All public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and airport facilities.
15. Any other area used by the public or serving as a place of work, including open office landscaping as defined in Section 3-5-I-6.
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. All enclosed facilities owned by the City.
18. Rooms in which public assemblies, meetings or hearings open to the public are held.
19. Access points of all buildings and facilities not exempted pursuant to Section 3-5-F-4.

Section 3-5-F-4 PLACES WHERE SMOKING IS NOT REGULATED.

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

Private residences not serving as enclosed places of employment or an enclosed public place.
Tobacco shops, as defined in Section 3-5-I-6.

Section 3-5-F-5 RESPONSIBILITIES OF PROPRIETORS, OWNERS AND MANAGERS.

The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by law.
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, place of employment, or other area where smoking is prohibited, to allow smoking to occur where prohibited by law. Any such person shall be deemed to allow smoking to occur under this subsection is such person: (1) has knowledge that smoking is occurring; and (2) acquiesces to the smoking under the totality of the circumstances.

Section 3-5-F-6 PENALTY FOR VIOLATION.

Any person who violates Section 3-5-F-3 or 3-5-F-5 of this Code shall be guilty of an ordinance cigarette or tobacco infraction, punishable by
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year.
3. A fine not exceeding five hundred dollars ($500) for a third and each subsequent violation within one (1) year.

For purposes of this subsection, the number of violations within a year shall be measured from the date of the smoking violation occurs.

Each individual who is allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited shall be considered a separate violation for purposes of determining the number of violations pursuant to subsection A.
In addition to the fines established by this Section, violations of this Article by a person having control of a public place or place of employment may result in the suspension or revocation of any City permit or license issued to the person for the premises on which the violation occurred.

Section 3-5-F-7 MINORS.

Purchase Of Tobacco Products or Cigarettes: It shall be unlawful for any person under the age of eighteen (18) to purchase or attempt to purchase cigarettes or tobacco products.*

*K.S.A. 79-3321(m).
Possession Of Tobacco Products or Cigarettes: It shall be unlawful for any person under the age of eighteen (18) to possess or attempt to possess cigarettes or tobacco products.**

**K.S.A. 79-331(n).
Contraband: All cigarettes or tobacco products in the possession of a minor are contraband and may be seized by any duly authorized peace officer with or without process or warrant and shall be subject to forfeiture.
Penalties: Any person violating this Section shall be guilty of an ordinance cigarette or tobacco infraction and shall be fined no more than twenty five dollars ($25.00). In addition, the Judge may require the juvenile to appear in court with a parent or legal guardian.

Section 3-5-F-8 PROHIBITED SALE OR FURNISHING OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS; DEFENSES.

It shall be unlawful for any person to sell, furnish, or distribute any tobacco products or cigarettes to any person under the age of eighteen (18); or buy any cigarettes or tobacco products for any person under the age of eighteen (18). It shall be a defense to a prosecution under this Section if:
1. The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples; and
2. The defendant sold, furnished, or distributed the cigarettes or tobacco products to the person under eighteen (18) years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes or tobacco products; and
3. To purchase or receive the cigarettes or tobacco products, the person under eighteen (18) years of age exhibited to the defendant a driver’s license, Kansas nondriver’s identification card, or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes or tobacco products; or
4. The defendant engages in the lawful sale, furnishing, or distribution of cigarettes or tobacco products by mail and the defendant sold, furnished or distributed the cigarettes or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that the person was eighteen (18) or more years of age.
Any violation of this Section shall be considered a misdemeanor, and is punishable by a fine of not less than $200 nor more than $1,000, or imprisonment not exceeding six months, or by both such fine and imprisonment.

Article 3-5-G WEEDS AND GRASS

Sections:

3-5-G-1 PROHIBITIONS; RESPONSIBILITY TO ABATE; UNLAWFUL INTERFERENCE.
3-5-G-2 ORDER TO ABATE; CITY ABATEMENT; COSTS; RIGHT OF ENTRY.
3-5-G-3 EXCEPTIONS.
3-5-G-4 XERISCAPE LANDSCAPE DESIGN.

Section 3-5-G-1 PROHIBITIONS; RESPONSIBILITY TO ABATE; UNLAWFUL INTERFERENCE.

Weeds; Noxious Weeds; Rank Vegetation: It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit weeds, noxious weeds, or rank vegetation exceeding 8 inches on developed residential lots and 12 inches in height elsewhere to remain upon said premises or any area between the property lines of said premises and the center line of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds, noxious weeds, or rank vegetation as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.
Responsibility To Abatement: The property owner, representative, tenant or other such person with control, occupancy, or possession of real property shall be responsible for the abatement of any weeds, noxious weeds, or rank vegetation as made unlawful by this Article.
Unlawful Interference: It shall be unlawful for any person to interfere with or to attempt to prevent the Public Officer or the Public Officer’s authorized assistant from entering upon any such premises, lot, or piece of ground or from proceeding with such cutting and destruction of any weeds, noxious weeds, or rank vegetation. Such interference shall constitute an ordinance violation.

Section 3-5-G-2 ORDER TO ABATE; CITY ABATEMENT; COSTS; RIGHT OF ENTRY.

Order to Abate; Public Officer: The Governing Body shall designate the public officer to be charged with the administration and enforcement of this Article.
Order To Abate Requirements: Such order shall include the following:
1. That the owner, occupant, or agent in charge of the property is in violation of this Article;
2. That the owner, occupant, or agent in charge of the property is ordered to cut the weeds, noxious weeds, or rank vegetation within five (5) days of the receipt of order, or in cases where the owner, representative or tenant is unknown, within ten (10) days after the order has been published by the City in a newspaper of general circulation in the county;
3. That upon written request received prior to the expiration of the order to abate period the owner, occupant, or agent in charge of the property may request a hearing before the Governing Body or its designated representative;
4. That if the owner, occupant, or agent in charge of the property does not cut the weeds, noxious weeds, or rank vegetation or fails to request a hearing, the City or its authorized agent may cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant, or agent in charge of the property;
5. That the owner, occupant, or agent in charge of the property will be given an opportunity to pay the assessment; and if it is not paid, it will be added to the property tax as a special assessment;
6. That no further order shall be given prior to removal of weeds, noxious weeds, or rank vegetation during the current calendar year;
7. That the Public Officer should be contacted if there are any questions regarding the order;
8. That the public officer or authorized assistants are expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying, and/or removing such weeds, noxious weeds or rank vegetation;
9. That if the property is used for agricultural purposes, the owner, occupant, or agent in charge of the property must provide evidence of the agricultural use pursuant to Section 3-5-G-3 of this Article within five (5) days of the receipt of the order; and
10. That a violation of any provision of this Article shall be deemed a misdemeanor and be punishable by a fine of not more than two thousand five hundred dollars ($2,500.00), imprisonment for not more than one (1) year or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense punishable as a misdemeanor.
Service of Order to Abate:
1. The public officer or an authorized assistant shall notify in writing the owner, occupant, or agent in charge of any premises in the City upon which weeds, noxious weeds, or rank vegetation exist in violation of this Article, by restricted, certified mail, return receipt requested or by personal service, once per calendar year. If property is unoccupied and the owner is a nonresident, such notice shall be sent by certified mail, return receipt requested to the last known address. Where the owner, representative or tenant is unknown and there is no resident agent, the City Clerk may publish the order of abatement in the official City newspaper.
2. Failure to sign for the certified mail, return receipt requested, notice from the City, or failure to pick up said notice from the post office within fifteen (15) days shall not be deemed a lack of notice under this chapter where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail.
3. If the owner, occupant, or agent in charge of the property has been ordered to remove or abate a nuisance from the same property for two or more times within a twenty-four month period, notice of the issuance of any further orders may be provided in the manner set forth in subsection A of this ordinance or by such methods including, but not limited to, door hangers, conspicuous posting on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
4. If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the City may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds, noxious weeds, or rank vegetation on such property unless the new record owner of title for such property is provided notice as required by this Section.
City Abatement; Costs:*
*K.S.A. 12-1617f.*
1. Upon the expiration of the order to abate period required by subsection A of this Section, and in the event that the owner, occupant, or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 3-5-G-1 of this Article, the Public Officer or an authorized assistant may cause to be cut, destroyed and/or removed all such weeds, noxious weeds, or rank vegetation and abate the nuisance created thereby at any time during the current calendar year.
2. The Public Officer or an authorized assistant shall give notice to the owner, occupant, or agent in charge of the premises by restricted, certified mail, return receipt requested of the costs of abatement of the nuisance. The notice shall state the payment of the costs is due and payable within thirty (30) days following receipt of the notice.
3. If the costs of removal or abatement remain unpaid after thirty (30) days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds, noxious weeds, or rank vegetation were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds, noxious weeds, or rank vegetation were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the County.
Right Of Entry: The Public Officer, and the Public Officer’s authorized assistants, employees, contracting agents, or other representative are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying, and/or removing such weeds, noxious weeds, or rank vegetation in a manner not inconsistent with this Article.

Section 3-5-G-3 EXCEPTIONS.

In order to retain areas in their natural states or for areas used for agricultural purposes, certain properties are exempt from the requirements of Section 3-5-G-1 of this Article. In order to qualify as an exception, the burden of proof to produce evidence shall be placed upon the property owner. Exempted property is one of the following:

An area, due to its physical characteristics, that is an undevelopable parcel, lot or tract and does not fall within any setback area and the dominant plant species are those of natural, climax community, tall and mid-grasses indigenous to this area, and not volunteer growth or pioneer species, and are part of a maintained landscape, or maintained Xeriscape landscape, or
An area used for agricultural purposes as evidenced by fertilizer or pesticide use for the cultivation of plants, trees or crops annually grown, raised and harvested at an appropriate date, or the raising of livestock, or pasturage containing hay or grasses annually grown and baled at an appropriate date but no later than August 15 of each year.

Additionally, exempted property must meet each of the following criteria:
1. There are no sight distance problems created.
2. There is no evidence of neglect.
3. When necessary, a minimum of a fifteen foot (15') wide strip will be maintained along the perimeter of the property.
4. The area will be kept free and clear of all noxious weeds, as defined in Section 3-5-I-7 of this Chapter.

Section 3-5-G-4 XERISCAPE LANDSCAPE DESIGN.

The use of Xeriscape landscape practices is encouraged as a means of minimizing the need for supplemental watering, to the extent that the growth meets the requirements of Section 3-5-G-1 of this Article. Property owners shall submit a landscape planting and landscape maintenance plan plan to the Community Development Department when the use of Xeriscape landscape is contemplated. Community Development Department approval of said plan is required prior to installation.

* See subsection 4-1-D-2-G of this Code, Xeriscape Landscape Techniques.

Article 3-5-H ADMINISTRATION AND ENFORCEMENT

Sections:

3-5-H-1 PUBLIC OFFICER; DUTIES.
3-5-H-2 INSPECTIONS; RIGHT OF ENTRY; UNLAWFUL INTERFERENCE.
3-5-H-3 COMPLAINTS; NOTICE TO ABATE; HEARING. (Rep. Ord. 4686, 10/26/2004)
3-5-H-4 ABATEMENT BY CITY; COSTS. (Rep. Ord. 4686, 10/26/2004)
3-5-H-5 MUNICIPAL COURT PROSECUTION. (Rep. Ord. 4463, 2/26/2002)
3-5-H-6 VIOLATION; PENALTIES. (Rep. Ord. 4463, 2/26/2002)
3-5-H-7 ENFORCEMENT PROCESS FOR CODE VIOLATIONS.

Section 3-5-H-1 PUBLIC OFFICER; DUTIES.

The City Administrator shall be designated as the Public Officer for purposes of exercising the powers relating to the administration and enforcement of property maintenance and nuisance provisions contained in Title 3 and Title 4 of the Code. The Public Officer shall have the authority to exercise the powers necessary or convenient to investigate, administer and enforce said provision, including but not limited to the following:

Investigate the conditions of structures in the City to determine which structures are unfit for human use or habitation or are detrimental to the public health, safety, and welfare;
Administer oaths and affirmations, examine witnesses, and receive evidence;
Enter upon premises for the purpose of making inspections or for abatement of violations of this Chapter, provided that such entries shall be made in such manner as to cause minimal inconvenience to the person(s) in possession of the property, if any. In the event entry is denied or resisted, the Public Officer may obtain an order permitting entry from a court of competent jurisdiction;
Delegate any of the Public Officer's functions and powers under the subject ordinance to such officers, agents, and employees as the officer many designate, specifically including the Community Standards Officer.

Section 3-5-H-2 INSPECTIONS; RIGHT OF ENTRY; UNLAWFUL INTERFERENCE.

Right of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Public Officer has reasonable cause to believe that there exists in any structure or upon any land any condition in violation of this Chapter, the Public Officer and any independent contractor(s) employed by the City are hereby expressly authorized to enter such structure or upon private property at all reasonable hours to inspect the same or to perform any duty imposed upon the Public Officer by this Chapter, including abatement of violations; provided, that if such structure or private property be occupied, he shall first present proper credentials and demand entry, and if such structure or private property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the structure or private property and demand entry. If such entry is refused, the Public Officer shall have recourse to every remedy provided by law to secure entry.
Unlawful Interference: It shall be unlawful for any person to interfere with or to attempt to prevent the Public Officer or any independent contractor(s) employed by the City from entering any such structures or upon private property or from proceeding with such duties imposed upon the Public Officer by this Chapter, including enforcement or abatement of violations of this Chapter.

Section 3-5-H-3 COMPLAINTS; NOTICE TO ABATE; HEARING. (Rep. Ord. 4686. 10/26/2004)

Section 3-5-H-4 ABATEMENT BY CITY; COSTS. (Rep. Ord. 4686, 10/26/2004)

Section 3-5-H-5 MUNICIPAL COURT PROSECUTION. (Rep. Ord. 4463, 2/26/2002)

Section 3-5-H-6 VIOLATION; PENALTIES. (Rep. Ord. 4463, 2/26/2002)

Section 3-5-H-7 ENFORCEMENT PROCESS FOR CODE VIOLATIONS.

Purpose: The purpose of this Section is to establish a fair and efficient system to enforce the property maintenance and nuisance regulations of the City as established in this Code; to provide fair warning and assistance to persons responsible for first-time violations of the Code; to protect the health and safety of the public and the value of neighboring properties; to establish penalties for violations; and to establish the ability to cause the repair, alteration, improvement, removal or demolition (otherwise referred to as abatement or correction) of any affected structure or property.
Determination that Structure or Property is Unfit for Human Use or Habitation or Detrimental to the Public Health, Safety and Welfare: Upon inspection initiated by the Community Standards Officer or through citizen complaint, when it is determined by the Community Standards Officer that any structure or property is unfit for human use or habitation or is detrimental to the public health, safety and welfare, the officer may serve upon the Code Offender a Courtesy Letter or Notice of Violation.
Courtesy Letter: Any such Courtesy Letter shall contain the following information:
1. The name and address of the Code Offender, unless reasonable efforts fail to produce this information;
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;
3. A description of the alleged violation and a reference to the provision(s) of the Code that has allegedly been violated;
4. The required corrective action and a date by which the correction must be completed, after which the City may prosecute and/or abate the unlawful condition in accordance with Article 3-5-H-7 of the Code;
5. The ability of the City to prosecute said Code Violation in Municipal Court, which may result in the assessment of a monetary penalty for each violation;
6. The ability of the City to abate such violations and assess the costs and expenses of such enforcement and abatement against the Code Offender;
7. That the Public Officer or any independent contractor(s) employed by the City are expressly authorized to enter upon private property at all reasonable hours to cause the repair, alteration, improvement, removal or demolition of any affected structure or property;
8. That it shall be unlawful for any person to interfere with or to attempt to prevent the Public Officer or any independent contractor(s) employed by the City from entering any such structures or upon private property or from proceeding with such abatement of violations of this Chapter.
Notice of Violation: Upon a determination by the Community Standards Officer that a Code Violation exists or that a structure or property is unfit for human use or habitation or is detrimental to the public health, safety, and welfare the Community Standards Officer may issue a Notice of Violation to the Code Offender; provided, however, that the issuance of a Notice of Violation shall not be required for second and subsequent violations of the same Code provision by the same Code Offender within the preceding 24 months. Any Notice of Violation issued shall include the following:
1. All information required pursuant to 3-5-H-7-C; and
2. That a violation of any provisions of this Chapter shall be deemed a misdemeanor and be punishable by a fine of not more than two thousand five hundred dollars ($2,500.00), imprisonment for not more than one (1) year or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense punishable as a misdemeanor; and
3. That if all Code Violations are corrected by the time set forth in the Notice of Violation, no Notice to Appear shall be issued. The Community Standards Officer may grant a request for an extension of time or a modification of the Corrective Action Date. If an extension is granted, the Community Standards Officer shall document in writing the basis for the extension. Such request for extension or modification may be based on any reasonable factors that in the opinion of the Community Standards Officer would warrant an extension of time or a modification of the required corrective action.
4. That upon written request received prior to the expiration of the corrective action date set forth in the Notice of Violation, the owner, occupant, or agent in charge of the property may request a hearing before a designated hearing officer to be held within seven (7) business days of the City’s receipt of the written request. The written request shall include the reason(s) that the owner, occupant or agent is relying upon to support its belief that no violation has occurred.
Hearing: Following issuance of a Notice of Violation, the owner, occupant or agent in charge of the property may request a hearing. Said request must be in writing, and must be received by the City prior to the expiration of the Corrective Action Date. The hearing shall be held before a designated hearing officer* within seven (7) business days of the City’s receipt of the written request. The written request for hearing shall include the reason(s) that the owner, occupant or agent is relying upon to support its belief that no violation has occurred.

*See Section 1-1-D-4 of this Code, definition of Public Officer.*
Voluntary Agreement: Once a Notice of Violation has been issued, the Community Standards Officer may, but shall not be required to, attempt to secure voluntary correction of the Code Violation utilizing a Voluntary Agreement form signed by the Code Offender. A Voluntary Agreement is available, at the discretion of the Community Standards Officer, prior to any initiation of prosecution in Municipal Court or abatement by the City.
1. The Code Offender’s signature on the Voluntary Agreement shall represent the following:
  1. An agreement by the Code Offender to remediate all Code Violation(s) existing on the property;
  2. An agreement that if the Voluntary Agreement is properly executed, any penalty associated with the violation shall be waived, provided that the terms of said Agreement are met;
  3. An agreement by the Code Offender that the City may inspect the premises as may be necessary to determine compliance with the Voluntary Agreement;
  4. An agreement by the Code Offender that the City may abate the violation and recover its costs and expenses (including attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this Article;
  5. An agreement by the Code Offender that satisfactory progress toward remediation of the violation(s) shall be required and any failure to so progress shall immediately terminate the Voluntary Agreement;
  6. A stipulation that the Voluntary Agreement may be admitted as evidence in any legal proceeding relating to said Code Violation(s); and
  7. An acknowledgement that if the terms of the Voluntary Agreement are not fulfilled, the City may issue a Notice to Appear and commence Municipal Court prosecution, which may result in the assessment of a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement, as well as those associated with administration related to the correction of the Code Violation.
2. An extension of the Corrective Action Date or a modification of the required corrective action may be granted by the Community Standards Officer if the Code Offender has shown due diligence and/or substantial progress in attempting to correct the violation, but unforeseen circumstances outside of the control of the Code Offender have delayed correction under the original conditions.
Notice to Appear: If the Code Violation is not corrected within the specified period after service of a Notice of Violation, or within any period of extension granted by the Community Standards Officer, the Community Standards Officer shall issue a Notice to Appear, setting a date and time for appearance in Municipal Court. For second and subsequent violations of the same Code provision by the same Code Offender within the preceding 24 months, the issuance of a Notice of Violation prior to the issuance of a Notice to Appear shall not be required.
It shall not be a defense to prosecution under this Chapter that the Code Offender did not personally receive the Notice of Violation, provided that it was served in compliance with 3-5-H-7-J. Further, it shall not be a defense if the Notice of Violation does not include all information listed in 3-5-H-7-D, so long as it included all material provisions and is in substantial compliance with 3-5-H-7-D.
Penalty for Code Violations: Unless otherwise provided, penalties for violations shall be assessed as provided in Section 1-1-C-3 of this Code.
Service of Notices: The Community Standards Officer shall effect service of any notices pursuant to this Section upon the Code Offender by one of the following means: personal service; by mail (either first-class, priority or certified) at their last known address; or posting a copy of such notice in a conspicuous place on the affected property; or, if the location of the Code Offender is unknown and cannot be ascertained by the Community Standards Officer in the exercise of reasonable diligence, the Community Standards Officer may effect service by publishing notice in the official City newspaper. If service is made through certified mail, failure to sign the certified mail return receipt or failure to pick up said notice from the post office within fifteen (15) days shall not be deemed a lack of notice under this Chapter where delivery was attempted and a record of this attempt was provided as required by procedures for certified mail.
Abatement by City; Cost; Lien:
1. Abatement by City: Under the following circumstances, the City may initiate abatement activities for Code Violations:
  1. If the Code Offender fails to comply with a notice to repair, alter or improve or to vacate and close the structure, the Community Standards Officer may cause such structure to be repaired, altered or improved, or to be vacated and closed; or
  2. If the Code Offender fails to comply with a notice to remove or demolish the structure, the Community Standards Officer may cause such structure to be removed or demolished; or
  3. If the Public Officer or Community Standards Officer makes a reasonable determination that an emergency situation exists in violation of this Chapter, the City may immediately use the enforcement and abatement powers and remedies available pursuant to this Article including, but not limited to, immediate abatement and/or the issuance of a Notice to Appear in Municipal Court. No other notification procedures are required as a prerequisite to any action taken in an emergency situation.
2. Abatement; Cost; Lien; The cost of the repairs, alterations, improvements, vacating and closing or removal or demolition by the City, shall be assessed as a lien against the real property upon which the cost was incurred. The lien shall include allowance of the City’s costs, any assessed penalties, and the necessary court costs and attorney's fees, and may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property. In lieu of foreclosure, the costs, including the City’s costs, may be assessed as a special assessment against the lot or parcel of land on which the structure was located, in which case the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall place the same on the tax rolls of the county against the lot or parcel of land.

Article 3-5-I DEFINITIONS

Sections:

3-5-I-1 ENVIRONMENTAL CODE.
3-5-I-2 EMERGENCY ACTION EXPENSE RECOVERY FOR HAZARDOUS MATERIAL.
3-5-I-3 HEALTH NUISANCES.
3-5-I-4 OPEN BURNING.
3-5-I-5 RODENT CONTROL.
3-5-I-6 SMOKING RESTRICTIONS.
3-5-I-7 WEEDS AND GRASS.
3-5-I-8 ENFORCEMENT.

Section 3-5-I-1 ENVIRONMENTAL CODE.

When used in Article A of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

LAND or REAL PROPERTY: Except where specifically limited or where the context would require limitation, the use of the terms "land" or "real property" shall refer to residential land, nonresidential land and vacant lots.

NONRESIDENTIAL LAND: The real property on which nonresidential structures are situated.

NONRESIDENTIAL STRUCTURE: Any structure which is used for other than residential purposes, or a part of such structure, or a structure, a part of which is used for other than nonresidential purposes.

RESIDENTIAL LAND: The real property on which residential structures are situated.

RESIDENTIAL STRUCTURE: Any building or structure or part thereof used or occupied for human habitation or intended to be so used if unoccupied and includes any appurtenances belonging thereto or usually enjoyed therewith.

STRUCTURE: Except where specifically limited, or where the context would require limitation, the use of the word "structure within Article A of this Chapter shall refer to both residential or nonresidential structures.

VACANT LOT: Any real property on which there is situated no residential or nonresidential structures.

Section 3-5-I-2 EMERGENCY ACTION EXPENSE RECOVERY FOR HAZARDOUS MATERIAL.

For the purposes of Article B of this Chapter, phrases and terms as used herein are defined as set out below:

EMERGENCY ACTION: All exigent activities conducted in order to prevent or mitigate harm to the public health and safety and the environment from a release or threatened release of any material into or upon land, water or air.

EMERGENCY SERVICE AGENCY: The Police or Fire Department of the City.

HAZARDOUS MATERIAL: Waste or combination of wastes or substances which, because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the Secretary of the Kansas Department of Health and Environment to cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.

RECOVERABLE EXPENSES: Those expenses of the City that are reasonable, necessary and allocable to an emergency action. Expenses allowable for recovery may include, but are not limited to:

Disposable materials and supplies consumed and expended specifically for the purpose of the emergency action.
Compensation of employees for the time and efforts devoted specifically to the emergency action.
Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing, scientific and technical equipment).
Replacement costs for equipment owned by the City that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievably contaminated during the response).
Decontamination of equipment contaminated during the response.
Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the City).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency action.
Any costs of cleanup, storage or disposal of the released material.
Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property.
Medical expenses incurred as a result of response activities.
Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to Article 5 of this Chapter.

RELEASE: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon land, water or air of any material.

THREATENED RELEASE: Any imminent or impending event potentially causing, but not resulting in a release, and causing the City to undertake an emergency action.

Section 3-5-I-3 HEALTH NUISANCES.

For the purpose of Article C of this Chapter, in addition to specific references and regulations contained throughout said Article C, the term "nuisance" is defined to mean a thing, condition or use of some continuity as distinguished from a solitary act which, through offensive odors, noises, substances, disturbances, emanations, sights or the like, works hurt, annoyance, inconvenience or damage to the public or to another, with respect to his comfort, health, repose or safety or with respect to the free use and comfortable enjoyment of his property, whether it does so by reason of its nature or by reason of conditions and circumstances, where the cause of these effects has no legal sanction or where, if the cause is sanctioned, the effects, nevertheless, are unreasonably harmful or annoying to persons of normal sensibility and, thereby, create a legal wrong and nuisance actionable as a violation of this Code.

Section 3-5-I-4 OPEN BURNING.

For the purposes of Article D of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:

AIR CONTAMINANT: Any particulate matter, gas or vapor (exclusive of water vapor), including but not limited to smoke, charred paper, dust, soot, grime, carbon or any other particulate matter or irritating odorous matter, fumes or gases or any combination thereof.

AMBIENT AIR: All space outside of buildings, stacks or exterior ducts.

FIREWOOD: Only natural wood, not sawn wood or lumber, which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues such as in plywood or other composite wood products.

FIRE CHIEF: The Chief of the Lenexa Fire Department, or other person(s) designated by the Fire Chief.

LAND CLEARANCE MATERIALS: Logs, brush, stumps, shrubbery, leaves, grass clippings and other natural vegetation generated from land clearing projects. If a permit authorizing open burning of land clearance materials is issued pursuant to Section 3-5-D-3-A-1, only those materials generated from the same property upon which the open burn is to occur may be burned.

OPEN BURNING: The igniting, burning or smoldering of any materials where the air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. This includes burning in a burn barrel, metal drum, wire trash burner or similar device.

PORTABLE WOOD-BURNING UNIT: A chiminea, outdoor fireplace, fire pit, or other portable wood-burning device used, designed and intended for outdoor recreation and/or heating.

REFUSE: Garbage, rubbish, or trade wastes.

TRADE WASTES: Solid, liquid or gaseous material resulting from construction, the conduct of any business trade or industry or any demolition operation, including but not limited to lumber, sawn or scrap wood, plastics, cardboard, grease, oil or chemicals.

Section 3-5-I-5 RODENT CONTROL.

For the purposes of Article E of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

BUILDING: Any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.

OCCUPANT: The person that has the use of, controls or occupies any building, dwelling or any portion thereof, whether owner or tenant. In the case of vacant buildings or dwellings, or any vacant portion of a building or dwelling, the owner, agent or other person having custody of the building or dwelling shall have the responsibilities of an occupant of a building or dwelling.

OWNER: The owner of any building or structure, whether individual, firm, partnership or corporation.

RAT HARBORAGE: Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside a structure of any kind.

RAT-STOPPAGE: Form of ratproofing to prevent the ingress of rats into buildings from the exterior or from one building to another. It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations that may be reached by rats from the ground by climbing or by burrowing, with material or equipment impervious to rat-gnawing.

Section 3-5-I-6 SMOKING RESTRICTIONS.

As used in Article F of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

ACCESS POINT: The area within a ten foot radius outside of any doorway, open window or air intake of a building, structure or other facility.

BAR: Any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor and cereal malt beverages as defined in Section 2-2-E-1, for on-premises consumption, which shall include but not be limited to Class A and B clubs and drinking establishments.

CIGARETTE: Any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco.

EMPLOYEE: Any person who performs services for an employer, with or without compensation.

EMPLOYER: A person, partnership, corporation, trust or other organized group of individuals, including the City or any agency thereof, which utilizes the services of one (1) or more employees.

ENCLOSED: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.

INDOOR RETAIL OPERATION: A place of business which principally sells goods directly to the consumer and not for resale.

OPEN OFFICE LANDSCAPING: Indoor areas without permanent walls, or walls that are not floor to ceiling; open space such as waiting areas and atriums; cubicles and/or open desk seating areas.

PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees usually frequent during the course of employment, including but not limited to work areas, employee lounges and restrooms, conference and classrooms, cafeterias and hallways.

PUBLIC MEETING: Includes all meetings open to the general public.

PUBLIC PLACE: Enclosed indoor areas open to the public or used by the general public, including but not limited to: restaurants; indoor retail operations; discount stores; grocery stores; lobbies or waiting rooms or financial institutions; elevators; restrooms; barber shops; beauty salons; indoor theaters; indoor recreation facilities; childcare facilities; libraries; museums; concert halls; public transit vehicles; school buses; waiting rooms in the offices of persons licensed to practice the healing arts, dental sciences, behavioral sciences, veterinary sciences or medical care facility, including, but not limited to, hospitals, medical or health care clinics and nursing homes; court rooms; places of assembly; and Municipal, County or State buildings, schools or other governmental facilities.

SMOKING OR SMOKE: Possession of a lighted cigarette, cigar, pipe partially or wholly consisting of or containing burning vegetation, or possession of any other device or equipment containing heated or burning vegetation, that is used for the introduction of smoke into the human body. For the purposes of this definition, the term vegetation includes, but is not limited to, tobacco, but does not include any controlled substances listed in K.S.A. 65-4105 through K.S.A. 65-4113 inclusive, and amendments thereto.

SPORTS ARENA: Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

TOBACCO PRODUCTS: Cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; short; refuse scraps, clippings, cuttings and sweepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products does not include cigarettes.

TOBACCO SHOP: An indoor area operated primarily for the retail sale of tobacco, tobacco products, and smoking devices or accessories, and which derives not less than 65% of its gross receipts from the sale of tobacco and tobacco products. An area shall not be considered a tobacco shop if (1) any of its gross receipts are derived from the sale of cereal malt beverages or alcoholic liquor; or (2) it is located within another business, in whole or in part, that is not exempt from the provisions of this Article; or (3) it has an entrance useable by the public that is located within a business that is not exempt from the provisions of this Article; or (4) the purchase of any tobacco or tobacco product is required for admission into the business.

Section 3-5-I-7 WEEDS AND GRASS.

For the purpose of Article G of this Chapter, the following words and terms, as used herein, are defined to mean the following:

INVASIVE PLANT MATERIAL; NOT ALLOWED IN LANDSCAPE APPLICATIONS; LISTING: Crown Vetch (Securigera varia), Purple Loosestrife (Lythrum salicaria), Tamarix (Tamarix species) and Leafy Spurge (Euphorbia esula), Autumn Olive (Elaeagnus umbellate), shrub or bush Honeysuckles (Lonicera maackii and L. morrowii), Common Buckthorn (Rhamnus cathartica), Cut-keaved Teasel and Common Teasel (Dipsacus laciniatus and D. fullonum), Garlic Mustard (Alliaria petiolata), Japanese Honeysuckle (Lonicera japonica), Multifolora Rose (Rose multiflora), Musk Thistle (Carduus nutans), Sericea Lespedeza (Lespedza cuneata, Sweet Clover (Melilotus alba and M. officinalis) and Wintercreeper (Euonymus fortunei).

NOXIOUS WEEDS; CONTROL AND ERADICATION; LISTING: The following list of noxious weeds as defined in K.S.A. 2-1314, or any amendments thereto, and those further declared as such pursuant to K.S.A. 2-1314(b), or any amendments thereto: kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding), thistle (Carduus nutans L.), Johnson grass (Sorghum halepense) or any plants which are poisonous to the touch, including but not limited to, poison ivy, poison oak, and poison sumac.

Nothing in this Article shall affect or impair the rights of the City under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

PERSON: Any individual, individuals, partnership, corporation, unincorporated association, other business organization, committee, board, trustee, receiver, agent or any representative who has charge, care or responsibility for maintenance of any property, lot or parcel of land regardless of status as owner, tenant or lessee and regardless of whether such person has possession.

PROPERTY OWNER: The named property owner as indicated by the records of the Register of Deeds or Appraiser's office in Johnson County, Kansas and for purposes of Article G of this Chapter, shall include an owner of property abutting the streets, alleys, avenues, boulevards, public easements and public rights-of-way.

RANK VEGETATION: Any annual or perennial herbaceous plants, including grasses, of volunteer growth, not cultivated or of any agricultural nature nor useful for human food or enjoyment which, because of its height, but not less than twelve inches (12”), will be a fire menace, harbor rats, insects or other creatures or will have blighting influence upon the neighborhood. This section shall not apply to growth (other than noxious weeds) in Stream Corridor zones as defined in Section 4-1-O-2 of this Code.

REPRESENTATIVE: Any person or entity listed in the Johnson County, Kansas, Appraiser's office or Treasurer's office for the purposes of paying taxes; a registered agent with the Kansas Secretary of State's office for corporate or partnership ownership; an agent or manager directed by the property owner, estate or court order to represent the interests of the property or to otherwise control activities on the real property; or corporate officer.

TENANT: Any person who has a severable or nonseverable interest in the real property either by oral or written lease or covenant or by other methods of conveying a limited interest in such lands or any person who occupies or has possession of such real property.

WEEDS: As used herein, “weeds” means any of the following:

Any noxious weed defined by the State of Kansas and as defined above;
Any vegetation, growing in an unkempt, unmaintained manner such that it has an undesirable effect. Such undesirable effects shall include, but are not limited to, vegetation that creates a fire menace to adjacent improved property, perpetuates disease or constitutes a menace to the public health, safety and welfare;
Vegetation which harbors rats, insects, animals, reptiles, or any other creature may constitute a menace to health, public safety, or welfare; or
Vegetative growth on or about residential property without an improved plan that, because of its unkempt and unmaintained condition, has a blighting influence on the neighborhood. This section shall not apply to growth (other than noxious weeds) in Stream Corridor zones as defined in Section 4-1-O-2 of this Code.

Section 3-5-I-8 ENFORCEMENT.

When used in Article H of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CODE OFFENDER: Any person who owns, has an interest in and/or resides on the property with an alleged Code violation, whether as owner, tenant, occupant, or otherwise.

CODE VIOLATION: Any violation of a provision of the Code. Multiple contemporaneous violations of separate Code provisions shall be treated as individual Code violations, each of which may be processed separately by the City. Multiple contemporaneous violations of the same Code provision at different sites by the same person shall also be treated as individual Code violations, each of which may be processed separately by the City.

COMMUNITY STANDARDS OFFICER: Any person employed by the City of Lenexa in the position of Community Standards Officer and any other person empowered to carry out the responsibilities assigned to said employee or position.

COURTESY LETTER: A letter issued by the Community Standards Officer to a person for the purpose of providing notice of an alleged violation of the Code. The issuance of a Courtesy Letter is optional, but when issued is an official component of the enforcement process; and also serves to officially commence the enforcement process; and also serves as a mechanism for the City to provide fair warning assistance to a Code Offender without immediately invoking the more onerous components of the enforcement process.

DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE: A condition of a property or structure that, in the opinion of the Community Standards Officer, represents a potentially adverse affect, but not an immediate or life-threatening impact, on the community.

NOTICE OF VIOLATION: A notice issued by the Community Standards Officer to a Code offender for the purpose of providing notice of a violation of the Code. A Notice of Violation may, but is not required to follow the issuance of a Courtesy Letter.

NOTICE TO APPEAR: A Notice to Appear is a subsequent notice for the same violation for which the initial Notice of Violation was issued which shall provide notice to appear in Municipal Court on a specific date and time.

SIGNIFICANT HARM: A level of harm resulting from a Code violation involving immediate adverse impacts to public health and safety in the reasonable determination of the Community Standards Officer.

UNFIT FOR HUMAN USE OR HABITATION: A condition of a property or structure that, in the opinion of the Community Standards Officer, represents an immediate, serious or life-threatening impact to the owner, tenant or occupant, or to the community.

VOLUNTARY AGREEMENT: A signed agreement between the City and the Code offender under which the Code offender agrees to correct the violation within a specified time in accordance with specified conditions. The Voluntary Agreement form may, at the discretion of the Community Standards Officer, be utilized prior to the issuance of a Notice to Appear.

Chapter 3-6 FIRE PREVENTION AND PROTECTION

ARTICLES:

3-6-A FIRE PREVENTION REGULATIONS
3-6-B FIREWORKS AND BLASTING PERMITS
3-6-C PENALTY FOR NONCOMPLIANCE
3-6-D DEFINITIONS

Article 3-6-A FIRE PREVENTION REGULATIONS

Sections:

3-6-A-1 HELICOPTER LANDINGS.
3-6-A-2 PERMIT FOR FIRE ALARM SYSTEMS.
3-6-A-3 FALSE ALARMS.
3-6-A-4 STANDBY FIRE APPARATUS; FEES.
3-6-A-5 OBSTRUCTING, TAMPERING WITH FIRE DEPARTMENT APPARATUS.
3-6-A-6 POSTED FIRE LANES. (Rep. Ord. 4630, 6/1/2004)
3-6-A-7 SCENE OF A FIRE.
3-6-A-8 INSPECTIONS; ENTRY POWERS

Section 3-6-A-1 HELICOPTER LANDINGS.

Helicopter landings and/or low elevation maneuvering within the corporate City limits of the City and areas of Johnson County that the City has zoning and code enforcement rights in shall have an approved special event permit as issued by the Community Development Director. A fee for this permit shall be required. This Section shall not be applied to helicopters used in military, governmental and emergency medical services.

Section 3-6-A-2 PERMIT FOR FIRE ALARM SYSTEMS.

All occupancies which have fire alarm systems shall obtain an annual permit for such systems from the Lenexa Police Department Alarm Coordinator and will be subject to all regulations as set forth in Title 4, Article 4-B of the City Code.

*See Chapter 1 of this Title for alarm systems.*

Section 3-6-A-3 FALSE ALARMS.

Prohibited:
1. It shall be unlawful for any person to knowingly give or cause to be given any false alarm of fire or to give or cause to be given, without authority from the Fire Chief at the time a fire is in progress, a second or general alarm for the same fire.
2. No person shall enter at any time any Fire Department station and manipulate or tamper with the signaling keys, telephones or other electrical appliances without authority to do so.
3. Parents are and shall be held responsible for the acts of their children in violating any of the provisions of this subsection.
Malfunctioning Fire Alarm Systems: It shall be unlawful to install or to attempt to install fire suppression, fire detection or notification systems that do not function as required in applicable codes.*

*See Title 3, Chapter 1 and Title 4, Article 4-B of the City Code.*

Section 3-6-A-4 STANDBY FIRE APPARATUS; FEES.

At any time fire apparatus is requested to be on standby for a particular private event or circumstance or is required to be on standby as a stipulation of a permit, then a fee may be levied against the applicant or person requesting the apparatus. Hourly fees for the use of small trucks, ambulances and other vehicles of similar size, pumper trucks, aerial trucks and others of similar size may be required. There is a two (2) hour minimum fee charge on all standby apparatus where fees are applicable.

Section 3-6-A-5 OBSTRUCTING, TAMPERING WITH FIRE DEPARTMENT APPARATUS.

No person shall place or cause to be placed upon or about any Fire Department appliance any rubbish, building material, fence or other obstruction in any manner to obstruct, hinder or delay the Fire Department in the performance of its duties, nor shall any person hitch or cause to be hitched to any Fire Department appliance any animal nor fasten to any appliance any guy rope or brace nor back or stand any wagon, truck, automobile or other vehicle within fifteen feet (15') of any such appliance.

Fire Department appliances shall include, but not be limited to, fire hydrants, standpipe connections, sprinkler connections, post indicator valves, alarm panels or any other detection, suppression or notification type device.

Section 3-6-A-6 POSTED FIRE LANES. (Rep. Ord. 4630, 6/1/2004)

Section 3-6-A-7 SCENE OF A FIRE.

Prohibited Acts: It shall be unlawful for any person at or near a fire to conduct himself in a disorderly manner or neglect or refuse to obey promptly any proper order of the Fire Chief or to resist, obstruct, hinder or abuse any officer of the Fire Department or any fireman in the proper discharge of his duty. Any of the aforesaid officers or any police officer may forthwith arrest, without warrant, and take to the police station any person so offending.
Authority of Fire Chief: The Fire Chief shall have full control, power and command over all persons whomsoever present at fires. He shall take such measures as he may deem necessary in the preservation and protection of property and the extinguishing of fires.
Duties of Police: It shall be the duty of every police officer present at a fire:
1. To keep idle and suspected persons from the immediate vicinity of such fire and to keep back all persons who are in the way of or impeding the work of the Fire Department;
2. To aid, so far as possible, in protecting all property placed at risk from theft or needless injury; and
3. To cooperate with the Fire Department in every way possible while at the fire, under the direction of the Fire Chief or fire officer in command or in charge of the fire.

Section 3-6-A-8 INSPECTIONS; ENTRY POWERS.

It shall be the duty of the Fire Chief to execute all prudent measures for the prevention of fires, and for this purpose, may, upon request or whenever there is reason to believe that the safety of life and property demands it or for any purpose and as often as it may be deemed necessary, enter any building, yard or premises in the City with permission of the owner or occupant during reasonable hours for the purpose of inspection. When dangerous, unsafe or hazardous conditions are found to exist, he shall give such directions for the alteration, change, or removal or better care or management of the same as he may deem proper, and such directions shall be obeyed and complied with and at the expense of the person directed in that regard.

Article 3-6-B FIREWORKS AND BLASTING PERMITS

Sections:

3-6-B-1 FIREWORKS SALE AND POSSESSION PROHIBITED.
3-6-B-2 DISCHARGE OF FIREWORKS.
3-6-B-3 BLASTING.
3-6-B-4 VIOLATION; PENALTIES.

Section 3-6-B-1 FIREWORKS SALE AND POSSESSION PROHIBITED.

It shall be unlawful for any person to expose or keep for sale or sell or barter or give away or possess within the corporate limits of the City any fireworks, as defined by Section 3-6-D-1 of this Chapter. The Fire Chief shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Article.

Section 3-6-B-2 DISCHARGE OF FIREWORKS.

Prohibited Generally: The discharge, firing or igniting of fireworks, as defined in Section 3-6-D-1 of this Chapter, within the corporate limits of the City is hereby prohibited. Nothing in this Article shall be construed as applying to the military or naval forces of the United States or of this State or to any peace officers nor as prohibiting the sale and use of blank cartridges for ceremonial or theatrical or athletic events.
Public Displays of Fireworks:
1. Permit Required: The City Council may grant permission for the public display of fireworks by responsible persons. Such display shall be of such character and so located, discharged and fired as shall not be hazardous to surrounding property or endanger any person.
2. Application for Permit: The application shall set forth:
  1. The name of the organization sponsoring the display together with the names of person actually in charge of the firing of the display.
  2. The date and time of day at which the display is to be held.
  3. The exact location planned for the display.
  4. A description setting forth the age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.
  5. The number and kinds of fireworks to be discharged.
  6. The manner and place of storage of such fireworks prior to the display.
  7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged which shall be a minimum of five hundred feet (500') from the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions.
3. Investigation of Applicant: The Fire Chief will be responsible for the investigation of any application for permit to conduct a fireworks display.
4. Insurance Required: A certificate of insurance stating that the applicant has a liability insurance policy in the minimum amount of five hundred thousand dollars ($500,000.00) for one (1) person and five hundred thousand dollars ($500,000.00) for injuries to or death of more than one (1) person and five hundred thousand dollars ($500,000.00) coverage if damage to property with a one million dollar ($1,000,000.00) annual aggregate. The certificate of insurance shall name the City as a certificate holder.
5. Safety Measures: The Fire Chief is charged with the responsibility to see that proper safety measures will be followed during the firing of fireworks for an authorized public display.
6. Standby Fire Apparatus Required: Every public fireworks display which is granted permission by the City Council shall have the number and type of standby fire apparatus as determined by the Fire Chief. A fee for this apparatus may be required.

Section 3-6-B-3 BLASTING.

General: Blasting is permitted and shall be conducted under the direction of a certified blaster. All blasting shall be done in accordance with applicable State and Federal (OSHA, etc.) regulations and guidelines. Requirements of the International Fire Code,* 2003 Edition, Chapter 33, regarding explosives and blasting agents shall be considered part of these specifications. Blasting will not be permitted within eighty feet (80’) of any building or structure unless otherwise approved by the Fire Chief. The blaster (contractor) shall be responsible for all damage caused by their blasting operations and shall be responsible for responding to all complaints.
*See Title 4, Article 4-B of this Code for Fire Code.*
Control of Adverse Effects: Blasting practices, commonly accepted by the blasting industry or required by Federal or State regulations shall be used to reduce vibration/noise complaints, prevent injury to persons, and minimize damage to public or private property (including utilities) outside the permit area. The use of preblast surveys are encouraged and may be required for blasting within three hundred feet (300’) of existing structures. Notification of adjacent property owners, use of blasting warning signage and preblast warning systems are also encouraged or required as set forth by applicable State and/or Federal regulations. Furthermore, appropriate steps should be taken to minimize negative environmental impacts including blast modifications to surface streams or ground water outside the permit area.
Permit Required: Blasting permits help inform blasters about City blasting requirements and ensure the safe handling, transport, storage, and use of explosives. Blasting permits shall be obtained from the Fire Department any time explosives or blasting agents are to be used. The applicant shall provide a certificate of insurance in the minimum amount of five hundred thousand dollars ($500,000.00) covering damage to persons and property as a result of blasting, storage, and transportation of the explosives or blasting agents. The certificate of insurance shall further name the City as a certificate holder and give the approximate location and nature of the storage or blasting. Additional information required for the permit includes the location at which blasting will occur, the purpose for which blasting is being done, a copy of a current blaster’s permit issued by the Kansas State Fire Marshal, twenty four (24) hour contact persons and the duration for which the permit is requested.
Blasting Schedule: All blasting shall be conducted between seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. unless otherwise approved by the Fire Chief. The frequency of daily blasts should be minimized, and conducted, if possible, within the same time frame each day.
Performance Standards: Flyrock shall not be cast from the blasting site more than one-half (½) the distance to the nearest building or structure. No blasting shall exceed the vibration and noise performance standards of Section 4-1-C-4.
Blast Record Keeping: The contractor/blaster shall retain a complete detailed record of all blasts for three (3) years, including but not limited to: date and time of blast, location; technical specifications of blast (type and weight of explosives, diameter and depth of holes, denotation, timing of detonation, etc.), seismographic (peak particle velocity and frequency) and airblast records if monitored, and names of contractor and blaster conducting the blast.

Section 3-6-B-4 VIOLATION; PENALTIES.

Any person who shall violate any provision of this Article shall be guilty of a misdemeanor, publishable by Section 1-1-C-3, unless otherwise specifically set out.

Article 3-6-C PENALTY FOR NONCOMPLIANCE

Sections:

3-6-C-1 VIOLATION; PENALTIES.

Section 3-6-C-1 VIOLATION; PENALTIES.

Owners of businesses, corporations, officers, tenants, occupants, etc., who shall violate any provisions of this Chapter or its provisions which are incorporated by reference or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall fail to comply with such order as affirmed or modified by the Fire Chief or by a court of competent jurisdiction, within the time herein fixed, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by Section 1-1-C-3, unless otherwise specifically set out.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such above-stated persons and entities shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each day that a prohibited condition is maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Article 3-6-D DEFINITIONS

Sections:

3-6-D-1 FIREWORKS AND BLASTING PERMITS.

Section 3-6-D-1 FIREWORKS AND BLASTING PERMITS.

When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Article:

FIREWORKS: A combustible or explosive composition, or any substance, combination of substances, or device prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used; firecrackers, torpedoes, skyrockets, Roman candles, or other devices of like construction; any devices containing an explosive or flammable compound; and any tablet or other device containing an explosive substance. Fireworks do not include sparklers, snakes or smoke bombs; auto flares; paper caps containing an average of twenty-five hundredths (.25) of a grain of explosive content per cap or less; and toy pistols, toy canes, toy guns, or other devices for use of such caps.

Chapter 3-7 GENERAL POLICE PROCEDURES

ARTICLES:

3-7-A CANINE CORPS
3-7-B FINGERPRINTING AND PHOTOGRAPHING
3-7-C POLICE MONITORS
3-7-D UNCLAIMED PROPERTY (Rep. Ord. 4505, 9/10/2002)
3-7-E PENALTY FOR NONCOMPLIANCE
3-7-F DEFINITIONS

Article 3-7-A CANINE CORPS

Sections:

3-7-A-1 ABUSE PROHIBITED.
3-7-A-2 INTERFERENCE PROHIBITED.

Section 3-7-A-1 ABUSE PROHIBITED.

It shall be unlawful for any person to strike, abuse, tease, harass or assault any dog being used by the City for the purpose of performing the duties of a police dog, regardless of whether the dog is on duty or off.

Section 3-7-A-2 INTERFERENCE PROHIBITED.

It shall be unlawful for any person to interfere with a dog being used by the Police Department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handler of his control of the dog.

Article 3-7-B FINGERPRINTING AND PHOTOGRAPHING

Sections:

3-7-B-1 PURPOSE AND INTENT.
3-7-B-2 PERSONS AUTHORIZED TO BE FINGERPRINTED AND PHOTOGRAPHED.

Section 3-7-B-1 PURPOSE AND INTENT.

It is hereby authorized and directed, as an aid to the prevention and detection of crime and for other police purposes such as identification of injured and dead persons and the location of missing persons, that the Police Department may cause to be made fingerprint impressions and photographs of the person hereinafter described in Section 3-7-B-2 of this Article.

Section 3-7-B-2 PERSONS AUTHORIZED TO BE FINGERPRINTED AND PHOTOGRAPHED.

Arrested Persons: The following persons, when practical, may be fingerprinted and photographed following their arrest: Any person arrested for the commission of a felony, or a Class A or B misdemeanor, or a violation of a Municipal ordinance which would be the equivalent of a Class A or B misdemeanor under State law, or any other occasion permitted by law.
Police Department Employees and Security Officers: It is further authorized and directed that photograph and fingerprint impressions be taken of all applicants for employment within the Police Department and for all applicants for private security officer commissions.

Article 3-7-C POLICE MONITORS

Sections:

3-7-C-1 USE OF MONITORS RESTRICTED.
3-7-C-2 EXCEPTION.
3-7-C-3 POLICE RADIO CALLS.

Section 3-7-C-1 USE OF MONITORS RESTRICTED.

No person shall install, equip or operate any motor vehicle within this City with a police monitor, unless such motor vehicle is being used by the Federal, State, County or City government in the conduct of official business or by a law enforcement officer.

Section 3-7-C-2 EXCEPTION.

It shall not be deemed unlawful for any member of the news media to install, equip, or operate any motor vehicle within this City with a police monitor while pursuing their profession and "on duty". At all other times, said equipment must be removed from the vehicle and/or not used by said person nor any other member of the household or any other person who might have access to said vehicle.

Additionally, Red Cross vehicles, while on duty, may be equipped with, and members of the emergency team may operate a police monitor for the purpose of rendering aid at locations of emergency only.

Section 3-7-C-3 POLICE RADIO CALLS.

It is unlawful for any person, other than City officers and Police and Fire Department officers in the line of duty, to follow up and answer police radio calls or to in any way interfere with police officers answering such radio police calls.

Article 3-7-D UNCLAIMED PROPERTY (Rep. Ord. 4505, 9/10/2002)

Article 3-7-E PENALTY FOR NONCOMPLIANCE

Sections:

3-7-E-1 PENALTY.

Section 3-7-E-1 PENALTY.

Unless otherwise provided, violation of any of the provisions of this Chapter will be subject to Section 1-1-C-3 of this Code.

Article 3-7-F DEFINITIONS

Sections:

3-7-F-1 POLICE MONITOR.

Section 3-7-F-1 POLICE MONITOR.

When used in Article C of this Chapter, "police monitor" means any high frequency receiving set, either permanently installed or portable, capable of receiving or intercepting any signal, message or communication sent out by any police radio station.

Chapter 3-8 MOTOR VEHICLES AND TRAFFIC

ARTICLES:

3-8-A STANDARD TRAFFIC REGULATIONS
3-8-B LOCAL REGULATIONS
3-8-C INOPERABLE VEHICLES
3-8-D TOWING OF VEHICLES PROCEDURES (CITY INITIATED)
3-8-E POLICE ROTATION TOW PROCEDURES
3-8-F TOWING OF VEHICLES FROM PRIVATE PROPERTY (NON-CITY INITIATED)
3-8-G DEFINITIONS

Article 3-8-A STANDARD TRAFFIC REGULATIONS

Sections:

3-8-A-1 STANDARD TRAFFIC ORDINANCE INCORPORATED.
3-8-A-2 SPEED LIMITS.
3-8-A-3 (Rep. Ord. 3873, 11/17/1994)
3-8-A-4 WALKING, JOGGING AND/OR RUNNING REGULATIONS.
3-8-A-5 ACCESSIBLE PARKING (PARKING FOR PERSONS WITH DISABILITIES; VIOLATIONS). (Rep. Ord. 4032, 11/7/1996)
3-8-A-6 MOTOR VEHICLE LICENSE PLATES (DEALER/IN-TRANSIT).
3-8-A-7 PROHIBITED ACTS.
3-8-A-8 REGULATION OF SIZE, WEIGHT, AND LOAD OF VEHICLES.
3-8-A-9 FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
3-8-A-10 AMENDMENTS TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
3-8-A-11 SECTION 396.9 INSPECTION OF MOTOR VEHICLES IN OPERATION. (Rep. Ord. 4786, 10/1/2005)
3-8-A-12 DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PENALTIES. (Rep. Ord. 4418, 9/1/2001)
3-8-A-13 MUTCD, PART 6, TEMPORARY TRAFFIC CONTROL.

Section 3-8-A-1 STANDARD TRAFFIC ORDINANCE INCORPORATED.

There is hereby incorporated by reference for the purpose of regulating traffic upon highways of the City that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, Edition of 2007 (STO 2007), prepared and published in book form by the League of Kansas Municipalities, 300 S.W. 8th Street, Topeka, Kansas 66603, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. No less than three (3) copies of the STO 2007 shall be marked or stamped "official copy" as adopted by Ordinance 5115 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. The Police Department, Municipal Judge, and all administrative departments of the City charged with the enforcement of the Ordinance shall be supplied, at the cost of the City, such number of official copies of the STO 2007 as may be deemed expedient.

Section 2 of the STO 2007, is hereby changed to read as follows:

Section 2: Provisions of Ordinance Refer to Vehicles Upon the Streets and Highways; Exceptions. The provisions of this ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways within this City except:

(a) Where a different place is specifically referred to in a given section.

(b) The provisions of Sections 29, 30, 30.1, 30.2, 30.3, 30.4, 37, 81, and 82 of this ordinance, and the provisions of Article 10 of Chapter 8 of the Kansas Statutes Annotated, and any acts amendatory thereof, shall apply upon streets and highways and elsewhere throughout the City.

Section 13.1 of the STO 2007 is hereby changed to read as follows:

Section 13.1: Traffic Control Signal Preemption Devices.

(a) Except as provided in subsection (c), it shall be unlawful for a person to possess a traffic control signal preemption device.

(b) A person convicted of violating subsection (a) shall be guilty of a Code violation and subject to a fine of not more than $1,000 or by imprisonment for not more than six (6) months or by both such fine and imprisonment.

(c) The provisions of this section shall not apply to the operator, passenger, or owner of any of the following authorized emergency vehicles, in the course of such person's emergency duties:

(1) Publicly owned fire department vehicles;

(2) Publicly owned police vehicles;

(3) Publicly owned public works department vehicles; or

(4) Motor vehicles operated by ambulance services permitted by the emergency medical services board.

Section 30.5 of the STO 2007 is hereby changed to read as follows:

Section 30.5: Commercial Driver's Licenses; Diversion Agreements Not Allowed. A driver (as defined by K.S.A. 8-2,128) may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state. (K.S.A. 8-2,150).

Section 31 of the STO 2007 is hereby changed to read as follows:

(a) (1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver's vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided by subsection (c).

(2) Any driver of a motor vehicle who willfully otherwise flees or attempts to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided in subsection (c).

(3) It shall be an affirmative defense to any prosecution under paragraph (1) of this subsection that the driver’s conduct in violation of such paragraph was caused by the driver’s reasonable belief that the vehicle or bicycle pursuing such driver’s vehicle is not a police vehicle or police bicycle.

(b) The signal given by the police officer may be by hand, voice, emergency light or siren:

(1) If the officer giving such signal is within or upon an official police vehicle or police bicycle at the time the signal is given, the vehicle or bicycle shall be appropriately marked showing it to be an official police vehicle or police bicycle; or

(2) if the officer giving such signal is not utilizing an official police vehicle or police bicycle at the time the signal is given, the officer shall be in uniform, prominently displaying such officer's badge of office at the time the signal is given.

(c) Every person convicted of violating subsection (a), shall upon first conviction be imprisoned for not more than six months or fined not to exceed $1,000, or both. Every person convicted of violating this section shall upon a second conviction be punished by imprisonment not to exceed one year or fined not to exceed $2,500 or both. For the purpose of this section conviction means a final conviction without regard whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
Appropriately marked official police vehicle or police bicycle shall include, but not be limited to, any police vehicle or bicycle equipped with functional emergency lights or siren or both and which the emergency lights or siren or both have been activated for the purpose of signaling a driver to stop a motor vehicle.

Section 33 of the STO 2007 is hereby deleted.

Section 1: Definitions. The definition for "Motorized Skateboard" of the STO 2007 is hereby changed to read as follows: (It is expressly noted that only this definition is amended, and all other definitions contained in Section 1 of the STO 2007, remain unchanged.)

Motorized Skateboard: Any tandem-wheeled device powered by a gas or electric motor that has a skateboard-type deck and handlebars, and either is designed to be stood upon by the operator, or one with a seat mounted on the deck designed to be sat upon by the operator, (also commonly referred to as a motorized scooter). Motorized skateboards shall be considered skateboards for purposes of trespassing on private property which have been posted with signs prohibiting skateboards or skateboarding.

Section 109.1 of the STO 2007 is hereby changed to read as follows:

Section 109.1: Motorized Skateboards. It shall be unlawful for any person to operate a motorized skateboard upon any public or private street, road or highway, or upon any recreational path or trail (commonly distinguished by asphalt surface) in this City.

Section 114.2 of the STO 2007 is hereby changed to read as follows:

Section 114.2: Unlawful Operation of Work-Site Utility Vehicle, Golf Cart or Micro Utility Truck.

(a) It shall be unlawful for any person to operate a work-site utility vehicle, golf cart or micro utility truck:

(1) On any interstate highway, federal highway, or state highway; or

(2) Within the corporate limits of any city unless authorized by such city as provided herein.

(b) No work-site utility vehicle, golf cart or micro utility truck shall be operated on any public highway, street, or road unless such vehicle complies with the equipment requirements under the provisions of Article 17 of Chapter 8 of the Kansas Statutes Annotated.

(c) The provisions of subsection (a) shall not prohibit a work-site utility vehicle, golf cart or micro utility truck from crossing a federal or state highway.

(d) The provisions of subsection (a) shall not prohibit the operation of any of the following authorized work-site utility vehicle, golf cart or micro utility truck, in the course of authorized duties within the city by a fire department, law enforcement agency, parks department or public works department.

(e) The operation of a work-site utility vehicle, golf cart or micro utility truck is authorized within the city on private property with the consent of the property owner.

(f) For the purpose of this section, Golf Cart means any motor vehicle as defined by the 2009 Session Laws of Kansas, Chapter 119.

(g) For the purpose of this section, Micro Utility Truck means any motor vehicle as defined by the 2008 Session Laws of Kansas, Chapter 167.

Section 116 of the STO 2007 is hereby changed to read as follows:

Section 116: Driving Upon Sidewalk. No person shall drive any vehicle or motorized skateboard upon a sidewalk or sidewalk area, with the following exceptions:

(a) Upon a permanent or duly authorized temporary driveway.

(b) Motorized skateboards that are either designed to be and are actually stood upon by the operator, or are designed to be and are actually sat upon by the operator with a minimum seat height of 24 inches as measured from the ground to the top of the seat at the time they are operated, may be operated upon a sidewalk, provided that:

(1) No person shall operate or ride upon a motorized skateboard between the time from sunset to sunrise, or at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway or sidewalk are not clearly discernible at a distance of 1,000 feet ahead;

(2) No person shall operate a motorized skateboard in excess of 15 miles per hour;

(3) All persons must operate a motorized skateboard with caution and due regard to conditions then existing, including, but not limited to, fixed or moving objects, parked or moving bicycles, pedestrians, animals, surface hazards, or narrow areas that make it unsafe to continue along the sidewalk or sidewalk area; and

(4) All persons under the age of 18 who operate or ride upon a motorized skateboard shall wear an approved bicycle helmet that is properly fitted and is fastened securely by a neck or chin strap while the motorized skateboard is in motion.

Section 134.1 of the STO 2007 is hereby added to read as follows:

Section 134.1: Application of Section 200 to Motorized Bicycles. The provisions of Section 200 shall be applicable to motorized bicycles and every person operating a motorized bicycle shall be subject to the provisions thereof.

Section 182.1 of the STO 2007 is hereby added to read as follows:

Section 182.1. Seat Belts.

(a) Except as provided in Section 182, and in subsection (b) or (c), each occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(b) Each occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(1)     An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2)      Carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes;

(3)      Newspaper delivery persons while actually engaged in delivery of newspapers along with their specified routes; or

(4)      An occupant of a passenger car required to be protected by a safety restraining system under the child passenger safety act.

(d) Law enforcement officers shall not stop drivers for violations of subsection (a) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a) for a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(e) (1) Prior to June 30, 2010, a law enforcement officer shall issue a warning citation to anyone violating subsection (a)

(2) Persons violating subsection (a) shall be fined $30; and

(3) Persons violating subsection (b) shall be fined $60.

(f) As used in this section, passenger car means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle.

Section 196 of the STO 2007 is hereby changed to read as follows:

Section 196: Unauthorized Operator. No person shall authorize or knowingly permit a motor vehicle or motorized skateboard owned by him or her or under such person's control to be driven upon any highway by any person who has no legal right to do so, or, in the case of a motor vehicle, who does not have a valid driver's license.

Section 197 of the STO 2007 is hereby changed to read as follows:

Section 197: Unauthorized Minors: No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor person is not authorized under the laws of Kansas to drive a vehicle. No person shall cause or knowingly permit his child or ward under the age of 18 years to operate a motorized skateboard upon any highway at any time.

Section 199 of the STO 2007 is hereby changed to read as follows:

Section 199: Unlawful Use of License or Identification Card

1. It shall be unlawful for any person, for any purpose to:

a. Display or cause or permit to be displayed or have in possession any fictitious or fraudulently altered driver's license or identification card.

b. Lend any driver's license or identification card to any other person or knowingly permit the use thereof by another.

c. Display or represent as the person's own, any driver's license or identification card not issued to the person.

d. Fail or refuse to surrender to any police officer upon lawful demand any driver's license which has been suspended, revoked, or canceled.

e. Permit any unlawful use of one's driver's license or identification card issued to such person.

f. Photograph, photostat, duplicate, or in any way reproduce any driver's license, identification card, or facsimile thereof in such a manner that it could be mistaken for a valid driver's license or identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.

g. Display or possess any photograph, photostat, duplicate or facsimile of a driver's license or identification card unless authorized by law.

h. Display or cause or permit to be displayed any canceled, revoked, or suspended driver's license.

i. Lend any driver's license or identification card to or knowingly permit the use of any driver's license or identification card by any person under 21 years of age for use in the purchase of, or an attempt to purchase, any alcoholic liquor or cereal malt beverage.

j. Lend any driver's license or identification card to or knowingly permit the use of any driver's license or identification card by any person under 18 years of age for use in the purchase of, or attempt to purchase, any tobacco product.

k. Display or cause to be displayed or have in possession any driver's license or identification card not issued to the person for use in the purchase of, or an attempt to purchase, any alcoholic liquor, cereal malt beverage, or any tobacco product.

2. The provisions of this section shall apply to any driver's license or identification card, whether issued under the laws of Kansas, or issued under the laws of another state or jurisdiction.

Section 204 of the STO 2007 is hereby changed to read as follows:

Section 204: Fines Doubled in Road Construction and School Zones.

(a) Fines listed in the schedule of fines shall be doubled if a person is convicted of a traffic infraction, which is defined as a moving violation in accordance with rules and regulations adopted pursuant to K.S.A. 8-249, and amendments thereto, committed within any road construction zone.

(b) Fines listed in the schedule of fines relating to exceeding the maximum speed limit, shall be doubled if a person is convicted of exceeding the maximum speed limit in a school zone authorized under subsection (a)(4) of K.S.A. 8-1560, and amendments thereto. (K.S.A. Supp. 8-2118)

Section 3-8-A-2 SPEED LIMITS.

Except when a special hazard exists that requires lower speed for compliance with Section 32 of the Standard Traffic Ordinance, incorporated by reference in Section 3-8-A-1 of this Article , the limits specified in this Section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits, except where otherwise posted:
1. Twenty (20) miles per hour in any business district;
2. Twenty five (25) miles per hour in any residential district except where otherwise posted;*
  
  *See Charter Ordinance 37 in the Appendix of this Code.*
3. Twenty (20) miles per hour in any park;
4. As posted in all school zones between the hours of seven o'clock (7:00) A.M. and five o'clock (5:00) P.M., on regular school days as designated by the school calendar of the school within the zone; and
5. On any separated multilane highway, as designated and posted by the secretary of transportation, seventy (70) miles per hour.
6. On any county or township highway, fifty five (55) miles per hour.
7. On all other highways, sixty five (65) miles per hour.
The maximum speed limits in this Section may be altered as authorized in K.S.A. 8-1559 and K.S.A. 8-1560, and amendments thereto.

Section 3-8-A-3 (Rep. Ord. 3873, 11/17/1994)

Section 3-8-A-4 WALKING, JOGGING AND/OR RUNNING REGULATIONS.

Any pedestrian using the public streets for walking, jogging or running during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible pedestrians and/or vehicles on the highway and/or street at a distance of five hundred feet (500') ahead, shall be required to wear on his person some type of reflective apparel or material of sufficient size and placement so as to be visible to vehicular traffic at a distance of two hundred feet (200'). Any person convicted of violating this Section shall be punished by a fine of not more than fifty dollars ($50.00).

Section 3-8-A-5 ACCESSIBLE PARKING (PARKING FOR PERSONS WITH DISABILITIES; VIOLATIONS). (Rep. Ord. 4032, 11/7/1996)

Section 3-8-A-6 MOTOR VEHICLE LICENSE PLATES (DEALER/IN-TRANSIT).

It shall be unlawful for any person to use new motor vehicle dealers' or used motor vehicle dealers' plates except as follows:
1. The licensed motor vehicle dealer and such dealer's spouse.
2. The corporate officers of the licensed motor vehicle dealer when such corporate officers are full-time employees thereof.
3. The sales manager and all other sales personnel when such manager and sales personnel are full-time employees thereof and are properly licensed in Kansas.
4. The customer, when operating a motor vehicle in connection with negotiations to purchase such motor vehicle or during a demonstration of such motor vehicle.
5. To transport or operate a vehicle to or from a licensed retail or wholesale vehicle dealer for the purpose of buying, selling or offering or attempting to negotiate a sale of the vehicle to a licensed vehicle dealer.
6. To deliver a vehicle purchased from the wholesale vehicle dealer to a purchasing vehicle dealer.
7. Salvage vehicle dealers, on vehicles which they have purchased for salvage, including dismantling, disassembling, or recycling.
8. Mobile home dealers on mobile homes which they have purchased or own and are holding for resale.
9. Lending agencies on vehicles which they have repossessed or are holding for disposition due to repossession.
10. Trailer dealers on trailers which they have purchased or own and are holding for resale.
Any person violating this Section shall be punished as provided in section 201(d) of the Standard Traffic Ordinance as incorporated in Section 3-8-A-1 of this Article.

Section 3-8-A-7 PROHIBITED ACTS.

Prohibitions: To operate any vehicle, as defined by K.S.A. 8-1485 or any amendments thereto, on public park property, unimproved public right-of-way property, jogging trails or sidewalks, except for incidental and/or authorized use on said areas.
Exceptions: The prohibitions in subsection A of this Section shall not apply to use of vehicles, authorized by the property owner on or for:
1. Public and private golf courses.
2. Vehicles engaged in construction, maintenance or repair activities.
3. Authorized emergency vehicles.
4. Vehicles engaged in lawn mowing for agricultural or gardening activities.
Penalties: Every person convicted of any violation of the provisions of this Section, or who enters a plea of guilty or no contest to a complaint alleging such violation, shall be punished by the provisions of Section 1-1-C-3 of this Code.

Section 3-8-A-8 REGULATION OF SIZE, WEIGHT, AND LOAD OF VEHICLES.

No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1902 or any amendments thereto, which are incorporated by reference as if set out in full herein.
No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the load, height or length of which, including any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1903 through 8-1905 or any amendments thereto, which are incorporated by reference as if set out in full herein.
No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles unless the load is properly secured as prescribed by K.S.A. 8-1906 or any amendments thereto, which are incorporated by reference as if set out in full herein.
No person, association, firm, partnership, or corporation shall use a motor vehicle or combination of vehicles to tow another vehicle unless proper connection and safety equipment are utilized as prescribed by K.S.A. 8-1907 or any amendments thereto, which are incorporated by reference as if set out in full herein.
No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as prescribed in K.S.A. 8-1908 or any amendments thereto, which are incorporated by reference as if set out in full herein.
No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which exceeds the limitation as prescribed by K.S.A. 8-1909 or any amendments thereto, which are incorporated by reference as if set out in full herein.
Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and for the vehicle to remain there until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or tandem axles to such limits as permitted in this Section. All material so unloaded shall be cared for by the owner, lessee, or operator of such vehicle at the risk of such owner, lessee or operator.
No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles unless such motor vehicle is registered and licensed according to gross weight as prescribed in K.S.A. 8-143 or any amendments thereto, which are incorporated by reference as if set out in full herein.
It shall be unlawful to operate within this City a vehicle or combination of vehicles whose weight, with cargo, is in excess of the gross weight for which the vehicle, truck, or truck-tractor propelling the same is licensed and registered except as provided by K.S.A. 8-1911, or any amendments thereto and K.S.A. 8-143 or any amendments thereto, which are incorporated by reference as if set out in full herein.
It shall be unlawful for any driver of a vehicle or combination of vehicles to fail to stop or refuse to stop and submit such vehicle or combination of vehicles to weighing as provided in this Section or as directed by police.
Any person who commits any offense involving gross weight, height, length or width limits as described in this Section shall, upon conviction, be punished as set forth in the fine schedule in subsection L. Any person who commits any other offenses described in this Section shall be deemed guilty of a public offense, and upon conviction, shall be punished as provided in Section 1-1-C-3 of this Code.

Fine Schedule.

A person who is convicted of exceeding gross weight shall be fined according to the following schedule:

Weight up to first 1,000 lbs. over limit

$50.00

Weight per lb. over 1,000 lbs.

$00.10

A person who is convicted of exceeding the height, length or width shall be fined according to the following schedule:

Height, length, width over limit

$30.00 plus $1.00 per inch
For a second violation of gross weight, height, length or width within two (2) years, such person shall, upon conviction, be fined 1 1/2 times the applicable amount based on the above fine schedule. For a third violation, within two (2) years, such person shall, upon conviction, be fined 2 times the applicable amount from the above fine schedule. For the fourth and each succeeding violation, within two (2) years, such person, upon conviction, shall be fined 2 1/2 times the applicable amount from the above fine schedule.

Section 3-8-A-9 FEDERAL MOTOR CARRIER SAFETY REGULATIONS.

There is hereby incorporated by reference for the purpose of regulating traffic upon highways and streets of the City that certain standard safety regulations known as Federal Motor Carrier Safety Regulations, 2005 Administrator Edition, parts 383, 385, and 390-397, prepared and published in book form by Mangan Communications, Inc., 315 West Fourth Street, Davenport, Iowa, 52801, save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, or changed. No less than three (3) copies of said book shall be marked or stamped "Official Copy" as adopted by Ordinance 4839 with a copy of the Ordinance codified herein attached thereto, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, and all administrative departments of the City charged with the enforcement of these regulations shall be supplied, at the cost of the City, such number of official copies of said book as may be deemed expedient.
It shall be unlawful for any person to violate the provisions of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397. The judge of the Municipal Court may, in the manner prescribed by K.S.A. 12-4305 or any amendments thereto, establish a schedule of fines for violations of any section of the Federal Motor Carrier Safety Regulations 383, 385, and 390-397. Any person who violates the provisions of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397 shall, upon conviction, be punished as set forth in the fine schedule. Any person who violates any provision of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397 for which a fine is not scheduled shall, upon conviction, be punished as provided in Section 1-1-C-3 of this Code.

Section 3-8-A-10 AMENDMENTS TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS.

Sections 390.37 and 383.53 of the Federal Motor Carrier Safety Regulations, as incorporated in Section 3-8-A-9 of this Article, are hereby repealed. The following substitute provision is adopted: The court clerk is hereby directed to abstract all convictions of violations committed by persons holding a Commercial Driver's License (CDL) to the Driver's Control Bureau of the Department of Revenue. Any further action to a person's CDL as a result of the abstracted conviction will be at the discretion of the Driver's Control Bureau in accordance with state statutes and regulations.

Section 3-8-A-11 SECTION 396.9 INSPECTION OF MOTOR VEHICLES IN OPERATION. (Rep. Ord. 4786, 10/1/2005)

Section 3-8-A-12 DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PENALTIES. (Rep. Ord. 4418, 9/1/2001)

Section 3-8-A-13 MUTCD, PART 6, TEMPORARY TRAFFIC CONTROL.

There is hereby incorporated by reference for the purpose of regulating temporary traffic control in and around traffic work zones, Part 6, Temporary Traffic Control of the Manual on Uniform Traffic Control Devices, 2009 Edition, prepared and published in book form by the Federal Highway Administration. No less than three (3) copies of said manual shall be marked or stamped "official copy" as adopted by Ordinance No. 5143 with a copy of the Ordinance codified herein and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

All persons and entities, whether public or private, doing work in or on public right-of-way shall comply with Part 6 of the MUTCD. Violation of this Section shall constitute a public offense and be punishable as set forth in Section 1-1-C-3 of this Code. In addition to the penalty provisions as set forth in Section 1-1-C-3, any enforcement official is authorized to immediately abate violations of this Section by closing the traffic work zone until such time as the traffic work zone is in compliance with this Section.

Article 3-8-B LOCAL REGULATIONS

Sections:

3-8-B-1 PERMANENT TRUCK ROUTES.
3-8-B-2 PARKING REGULATIONS.
3-8-B-3 IMMOBILIZATION OR TOWING OF HAULING TRAILERS.
3-8-B-4 USE OF CONTROLLED ACCESS FACILITIES BY CERTAIN VEHICLES PROHIBITED.

Section 3-8-B-1 PERMANENT TRUCK ROUTES.

Permanent Truck Routes Established: It shall be unlawful for any person to operate a truck in excess of a rated capacity of one and one-half (11/2) tons or a truck, trailer or semitrailer with load in excess of one and one-half (11/2) tons on any street within the corporate boundaries of the City other than the following:

College Boulevard (east City limits to Renner Boulevard).
Lackman Road (95th Street to Santa Fe Trail Drive).
Lenexa Drive (north City limits to 87th Street Parkway).
Lenexa Drive/Monrovia Street (Quivira Road to 96th Terrace).
Lenexa Drive (96th Terrace to Pflumm Road).
Marshall Drive (north City limits to 101st Terrace).
Pflumm Road (95th Street to College Boulevard).
Quivira Road (75th Street to 103rd Street).
Renner Boulevard (79th Street to south City limits).
Rogers Road (114th Street to south City limits).
Santa Fe Trail Drive (87th Street Parkway to south City limits).
Strang Line Road (College Boulevard to south City limits).
79th Street (Nieman Road to Quivira Road).
81st Street/Nieman Road (Marshall Drive to north City limits).
83rd Street (87th Street Parkway to west City limits).
87th Street Parkway (east City limits to 83rd Street).
Rosehill Road from Marshall Drive westerly, then north to its terminus.
95th Street (Quivira Road to Renner Boulevard).
96th Terrace (Monrovia Street to Lenexa Drive).
99th Street (Lackman Road to Santa Fe Trail Drive).
101st Terrace (Santa Fe Trail Drive to Lackman Road).
105th Street (Santa Fe Trail Drive to Lackman Road).
107th Street (Lackman Road to Santa Fe Trail Drive).
114th Street (Strang Line Road to Rogers Road).
Exceptions: The truck route restrictions in subsection A of this Section shall not apply to:
1. Trucks making service deliveries to commercial establishments or residences on streets not identified as permanent or temporary truck routes and in accordance with the provisions cited in subsection 3-8-B-2-A of this Article.
2. Streets other than those listed in subsection A of this Section which are within defined industrial parks.
Violation; Penalties: It is unlawful for any person to violate any of the provisions of this Section. Persons violating this Section shall be punished for the first conviction hereof by a fine of not more than one hundred dollars ($100.00) or by imprisonment of not more than ten (10) days; for a second such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than two hundred dollars ($200.00) or by imprisonment of not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment.

Section 3-8-B-2 PARKING REGULATIONS.

*See Section 4-1-D-1 of this Code for off-street parking and loading requirements.*

Restricted And Prohibited Acts:
1. General Restrictions And Prohibitions: No person shall:
  1. Park a motor vehicle upon any private commercial parking area without the consent of the owner or agent.
  2. Park a motor vehicle upon any private residential parking area or private residential common area without the consent of the owner or agent.
  3. Park a motor vehicle upon any private property without the permission of the person entitled to the possession and use of said private property.
  4. Park a motor vehicle in a designated bicycle path or sidewalk.
  5. Park any motor vehicle upon any public property, private property, private commercial parking area, private residential parking area or private residential common area that blocks access by another motor vehicle to any part of any driveway or garage.
  6. Park any motor vehicle with a designated weight specification in excess of one (1) ton or any of the following types of vehicles: vehicles longer than eighteen feet (18') or taller than seven feet (7'), or eight feet (8') in width, flatbed trucks, dump trucks, utility wreckers, tandem axled trucks or cab and chassis trucks or hauling trailers or any other motor vehicle (this does not include standard pickup trucks which have a factory-built cab and bed which are designed as a singular unit, motor homes or standard passenger vehicles) on any street or alley within any residential zoning districts, on any private residential property or on any property in a private residential parking area or private residential common area on any property used for residential purposes in any zoning district for more than two (2) hours, except when necessary for loading and unloading or within the performance of a service to or upon property in the block the vehicle is parked.
    
    The provisions of this subsection A-1-f may not be defeated by a mere location change of any offending motor vehicle within the residential common area.
  7. Park any motor vehicle, boat or trailer for the purpose of advertising the same for sale or lease upon any real property meeting one (1) or more of the following restrictions:
    1. The motor vehicle, boat or trailer is parked upon private property within zoning districts AG through RP-5, HBD and PUD, inclusive, and upon a private residential parking or paved common area containing a total of seven (7) or more parking spaces and located adjacent to or within one hundred feet (100') of any public street right-of-way and without the written consent of the property owner and the conspicuous posting of the same upon the vehicle; or
    2. The motor vehicle, boat or trailer is parked upon private property within zoning districts NP-O through HBD, inclusive, and upon a private commercial parking area containing a total of ten (10) or more parking spaces and located adjacent to or within one hundred feet (100') of any public street right-of-way or joint access easement as recorded in the office of the Johnson County Register of Deeds, and without the written consent of the property owner and the conspicuous posting of the same upon the vehicle, except for those establishments where the sale and leasing of said vehicles is the primary business, and the placement and display thereof is in accordance with the provisions of Title 4 of this Code;* or
      
      *See Sections 4-1-B-11 through 4-1-B-17 of this Code.*
    3. The motor vehicle, boat or trailer is parked upon private property within industrial zoning districts BP-1 and BP-2, inclusive, and upon a private commercial or industrial parking area containing a total of ten (10) or more parking spaces and located adjacent to or within one hundred feet (100') of any public street right-of-way or joint access easement as recorded in the written consent of the property owner and the conspicuous posting of the same upon the vehicle; or
    4. The motor vehicle, boat or trailer is parked upon public property within any zoning district.
  8. Park a motor vehicle within 5 feet of a mailbox between 8:00 a.m. and 5:00 p.m., except Sundays and Holidays.
2. Motor Vehicles in Open Space or Yard Areas: No motor vehicle or any portion thereof shall be parked in any open space or yard area.
3. Unlicensed Vehicles at Service Stations: In the event the service station owner fails to perfect its lien within forty five (45) days from the time said unlicensed automobile, truck or other motorized vehicle is delivered unto its possession, then said vehicle shall be removed by the Police Department and the towage charges assessed against the owner thereof. In the event the owner cannot be determined, then the vehicle will be disposed of according to law and the costs taxed against the sale of the personal property.
4. Recreational Vehicles, Motor Homes, Watercraft, Trailers, and Other Devices; Parking and Storage: The parking and storage requirements for recreational vehicles, motor homes, watercraft, camping trailers and hauling trailers, and other "devices"* in residential districts, is as follows:
  
  *See Section 3-8-G-2 of this Chapter for definition.*
  1. No person shall park, place or store any device on any parcel that is less than five (5) acres in any zoning district other than in an enclosed garage or covered out-building or in the side or rear yard in accordance with the screening requirements of Section 3-8-B-2-A-4-b, but not in the side yard of a corner lot adjacent to a public street on any property used for residential purposes. Any device stored in the side yard shall be placed behind the front building line, and shall be placed as close to the main building as possible. Any device stored in the rear yard shall be placed within the buildable area envelope of the main structure and shall be placed as close to the main structure as possible. When the device cannot be stored in the rear yard or in the non-street side side yard of a corner lot, the device may be stored in the street side side yard, but not within fifteen (15') of any public street.
  2. Any device parked, placed or stored in the side yard or rear yard and not in an enclosed garage or covered out-building shall be substantially screened to the full height and length of the device by the use of fencing and/or vegetation such that it prevents the device from being visible from all adjacent public streets and from the ground level of neighboring properties.
    1. Fencing on Property Boundary: If fencing along the property boundary is used for screening purposes, it shall comply with the following requirements:
      1. The fencing shall not exceed the maximum height restrictions as set forth in Section 4-1-B-24-F-5-c-5.
      2. The fencing shall comply with all other City standards for appearance and maintenance.
    2. Fencing Setback from Property Boundary: If fencing on the interior of the property (e.g., away from the property boundary) is used for screening purposes, it shall not be subject to the height restrictions referenced in the preceding subsection, but shall comply with the following requirements:
      1. The fencing shall not exceed twelve feet (12') in height;
      2. Any fencing over six feet (6') in height shall have a minimum setback from the property boundary equal to the height of the fence;
      3. The fencing shall be constructed and secured to withstand winds and other natural forces; and
      4. The fencing shall comply with all other City standards for appearance and maintenance.
    3. If vegetation is used for screening purposes, it may be used in conjunction with berming to increase the effective height of the screen, and shall comply with the following requirements:
      1. The size of the vegetation planted shall provide effective full height screening at time of initial planting;
      2. The vegetation planted shall provide effective year-round screening; and
      3. The vegetation shall be maintained in a manner that provides effective year-round screening.
  3. No device longer than thirty feet (30') or wider than eight feet six inches (8'6") or higher than twelve feet (12') can be parked, placed or stored on any property used for residential purposes in any zoning district.
  4. Any device that is parked, placed or stored on residential property for a time period in excess of twenty four (24) hours, in accordance with Section 3-8-B-2-A-4-e, must be parked, placed or stored on a dust-free, rut-free surface, including areas covered with grass or ground cover (but not exposed dirt or gravel), water-permeable grass paver, cement, asphalt or other similar type material; provided, the area designated for the parking, placement or storage of the device is either in an enclosed garage or covered out-building pursuant to Section 3-8-B-2-A-4-a or is substantially screened pursuant to Section 3-8-B-2-A-4-b.
  5. Any device may be parked, placed or stored in a driveway solely for purposes of active and expeditious loading or unloading of passengers, freight or merchandise, and/or for servicing activities associated with trip preparation for a time period not to exceed twenty-four (24) hours. The allowable time period commences when the device is first parked, placed or stored in the driveway and terminates twenty-four (24) hours thereafter. Each twenty-four (24) hour time period constitutes a separate time period for the purpose of determining the existence of a violation pursuant to Section 3-8-B-2-A-4-f below.
  6. No device shall be parked, placed or stored in a driveway in excess of four (4) separate twenty-four (24) hour time periods within a thirty (30) day span.
  7. The total number of devices parked, placed or stored on any one (1) property at any time shall not exceed two (2), which must be under the control of the owner of the property or person in control of the property.
  8. In the event that a property owner or tenant shall require in excess of four (4) twenty-four (24) hour time periods in any thirty (30) day span for the purposes expressly provided in 3-8-B-2-A-4-e, a written request shall be submitted to the Community Standards Officer for a temporary waiver of the requirements contained in this Section. The Community Standards Officer shall consider all relevant factors in making a decision regarding the issuance of a temporary waiver, including the applicant's use and/or travel schedule involving the device, the status of the applicant's side yard or rear yard area for parking, placement or storage of the device and any other relevant factors that may legitimately affect the applicant's ability to park, place or store the device in a location other than the driveway. Based on the foregoing factors, the Community Standards Officer may grant a temporary waiver; provided that in no event shall a temporary waiver be granted for a period exceeding fourteen (14) consecutive days.
5. Farm Machinery and Implements: No farm machinery or implement, as defined in Section 3-8-G-2, shall be parked or stored in any zoning district other than AG except for those establishments where the sale and leasing of said devices is the primary business, and the placement and display thereof is in accordance with the provisions of Title 4 of this Code. Further, said farm machinery or implement, when parked or stored in an AG District, shall not be parked or stored in the front yard and shall be adequately screened from any public street. Provided, however, that no farm machinery or implement shall be parked or stored in any AG zoning district unless the subject property is actually used for agricultural purposes on a regular basis and otherwise complies with the requirements established in Section 4-1-B-4-G.
6. Public Parking Over Forty Eight Hours: No person shall park a motor vehicle upon any public street or any public property, continuously, for a period in excess of forty eight (48) hours. The provision of this subsection may not be defeated by a mere location change of any offending motor vehicle.
Presumptions:
1. The first-named owner contained on any official title or registration document of any motor vehicle shall be presumed responsible for any unlawful act prohibited by subsection A of this Section.
2. Any motor vehicle parked continuously for a period in excess of forty eight (48) hours on any private commercial parking area, private residential parking area or private residential common area shall be presumed to be without the consent of the owner or agent.
Abatement: The City, its agents and employees shall have the power to abate any continuous violations of the provisions of subsection A of this Section by removing the offending motor vehicle under the provisions of law dealing with the impoundment of motor vehicles.

Section 3-8-B-3 IMMOBILIZATION OR TOWING OF HAULING TRAILERS.

Parking or Storing Hauling Trailer on Public Property Prohibited: No person shall leave unattended or abandoned any hauling trailer on any public street, right-of-way or public property by unhooking said hauling trailer from its motor vehicle for a period in excess of forty-eight (48) consecutive hours. No person shall park or store any hauling trailer in such a manner as to damage the public street, right-of-way or public property.
Authority to Remove: Any police officer is authorized to remove or cause to be removed any hauling trailer that is parked or stored on any public street, right-of-way or public property when the hauling trailer has been unhooked from its motor vehicle for a period in excess of forty-eight (48) hours and only after compliance with procedures in 3-8-D-2. Any police officer is authorized to immediately remove or cause to be removed any hauling trailer which, because of its position and placement, could cause damage or has caused damage to the public street, right-of-way or public property.
Immobilization of Hauling Trailer:
1. Authority to Immobilize: Under the circumstances set out in subsection B of this Section, any police officer is also authorized to temporarily immobilize such hauling trailer by installing on or attaching to the trailer a device designed to restrict the normal movement of such trailer. The officer installing or attaching the device shall affix to the trailer a notice stating that such trailer has been immobilized for violation of the City ordinances, that release may be obtained at a designated place, that attempting to remove the device is unlawful, that unless arrangements are made for the release of the trailer within forty eight (48) hours, the trailer will be removed from the streets, that the City is not responsible for the hauling trailer or its contents during the period of immobilization and that if the trailer is removed, the owner is responsible for the towing and storage charges incurred.
2. Tampering With Device Prohibited:
  1. It shall be unlawful for any person to remove or attempt to remove the immobilization device or to move the trailer before a release is obtained as provided in this Section.
  2. It shall be unlawful for any person to damage an immobilization device.
3. Fee: When a trailer has been properly immobilized under this Section, a fee as adopted by ordinance or resolution or as otherwise permitted shall be paid to the City Clerk before the trailer is released. This fee is for the cost of installation and removal of the immobilization device only and does not include any fees for towing or storage, fees for damages caused to the public street, right-of-way, or public property, or fines imposed by the Municipal Court upon conviction of a violation of this Section, if applicable.
Notice of Towing; Release; Fees: Whenever any hauling trailer has been towed under this Section , the owner, operator or person having control over said hauling trailer shall be entitled to release of said trailer upon proof of ownership and current registration and payment of any and all fees to the tow company and after providing the City Clerk a letter of credit, cash deposit or bond in the amount of one thousand dollars ($1,000.00) to provide for funds to repair any damage to the street when damage is observed or reasonably suspected. Any unused portion of the letter of credit, cash deposit or bond will be refunded to the person posting said amount.

This does not eliminate any charge which might have been filed in Municipal Court. Any fine or provision imposed by the Court shall be in addition to any and all fees which have been assessed against the owner or person in control pursuant to this Article.
Hearing Procedure: To contest the validity of any tow pursuant to this Section, the hearing procedure found at Section 3-8-D-5 shall be used.
Penalties: Any person violating the provisions of this Section shall, upon conviction thereof, be punished by a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period of not exceeding three (3) months or by both such fine and imprisonment, at the discretion of the Municipal Judge. Each day any violation of this Section continues shall constitute a separate offense.

Section 3-8-B-4 USE OF CONTROLLED ACCESS FACILITIES BY CERTAIN VEHICLES PROHIBITED.

The use of the controlled access highway system facilities in the City by pedestrians, bicycles, horse-drawn vehicles, animals lead, driven or ridden, other non-motorized traffic or motor-driven cycles is prohibited.

It is unlawful for any person to violate any of the provisions of this Section. Persons violating this Section shall be punished for the first conviction hereof by a fine of not more than one hundred dollars ($100.00) or by imprisonment of not more than ten (10) days; for a second such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than two hundred dollars ($200.00) or by imprisonment of not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment.

Article 3-8-C INOPERABLE VEHICLES

Sections:

3-8-C-1 PURPOSE.
3-8-C-2 ENCLOSED STORAGE REQUIRED.
3-8-C-3 PRESUMPTIONS.
3-8-C-4 ZONING PROVISIONS CONTROL.
3-8-C-5 PENALTIES.

Section 3-8-C-1 PURPOSE.

The City Council finds that junked, wrecked, dismantled, inoperative, discarded or abandoned vehicles in and upon real property within the City is a matter affecting the health, safety and general welfare of the citizens of the City for the following reasons:

Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents.
They are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports and because they are a ready source of fire and explosion.
They encourage pilfering and theft and constitute a blighting influence upon the area in which they are located, thereby causing a loss in property value in surrounding property.
They constitute a fire hazard in that they block access for the Fire Department to adjacent buildings and structures.

Section 3-8-C-2 ENCLOSED STORAGE REQUIRED.

It is unlawful for any person or his agent, either as owner, lessee, tenant or occupant of any lot or land within the City, to park, store or deposit, or permit to be parked, stored, or deposited thereon, an inoperable vehicle, unless it is enclosed in a garage or other building.

Section 3-8-C-3 PRESUMPTIONS.

Any one of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:

Absence of a current license plate upon such vehicle.
Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports.
Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways.

Section 3-8-C-4 ZONING PROVISIONS CONTROL.

Nothing in this Article is intended to amend, modify or repeal any provisions of the zoning land use regulations, as amended,* and in the event the provisions, regulations or restrictions on the placement of inoperable vehicles in the zoning land use regulations are more restrictive than those provided herein, the provisions, regulations or restrictions in such zoning land use regulations shall prevail and control.

*See Title 4, Chapter 1 of this Code.*

Section 3-8-C-5 PENALTIES.

Any person violating the provisions of this Article shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period not exceeding three (3) months or by both such fine and imprisonment, at the discretion of the Municipal Judge. Each day any violation of this Article continues shall constitute a separate offense.

Article 3-8-D TOWING OF VEHICLES PROCEDURES (CITY INITIATED)

Sections:

3-8-D-1 TOWING/IMPOUNDING VEHICLES.
3-8-D-2 UNATTENDED OR ABANDONED VEHICLES.
3-8-D-3 NOTICE TO OWNER OF TOWED VEHICLE.
3-8-D-4 RELEASE OF TOWED VEHICLE.
3-8-D-5 HEARING PROCEDURE.
3-8-D-6 LIEN CREATED; SALE OF VEHICLE.
3-8-D-7 IMPOUNDED VEHICLES.

Section 3-8-D-1 TOWING/IMPOUNDING VEHICLES.

Authority to Tow: The Lenexa Police Department may cause any motor vehicle to be immediately towed under any of the following circumstances:
1. Any unattended motor vehicle which, because of the physical location or condition of the motor vehicle, poses a danger to the public health, safety or welfare; or
2. Any motor vehicle:
  1. that has been reported stolen or taken without the consent of its owner; or
  2. for which the person in charge of such vehicle is unable to provide for its custody or removal; or
  3. for which the person in charge of such vehicle has been arrested or otherwise taken into custody or detained for an alleged offense; or
  4. that is subject to seizure as evidence in a criminal prosecution; or
  5. that is subject to seizure or forfeiture under the laws of the State; or
  6. that is unattended and found illegally parked on public or private property in such a manner as to constitute a hazard or interfere with the normal movement of traffic; or
  7. that is unattended or abandoned upon a right-of-way, highway, public street or public property in such position or under such circumstances as to interfere with the normal movement of traffic;
  8. that is unattended or abandoned upon a right-of-way, highway, street, roadway or public property, and which does not interfere with the normal movement of traffic, for a period in excess of forty eight (48) consecutive hours and only after compliance with procedures in Section 3-8-D-2.
Authority to Impound: The police department may cause any motor vehicle to be immediately impounded as they deem necessary within the normal course of business.

Section 3-8-D-2 UNATTENDED OR ABANDONED VEHICLES.

No motor vehicle that is unattended or abandoned upon a right-of-way, highway, street, roadway or public property and that does not interfere with the normal movement of traffic may be towed until the Lenexa Police Department has placed on its windshield or in another prominent location a sticker or placard indicating the City's intent to tow the motor vehicle in forty-eight (48) hours unless it is removed. After forty eight (48) hours from the time the sticker or placard was attached to the motor vehicle, an authorized tow service provider, at the direction of the Lenexa Police Department, may tow the motor vehicle. The sticker or placard shall include such other information as the Police Chief determines is necessary.

Section 3-8-D-3 NOTICE TO OWNER OF TOWED VEHICLE.

Whenever any motor vehicle is towed pursuant to the provision of subsection 3-8-D-1-A of this Article, the tow company shall comply with all provisions as outlined in K.S.A. 8-1102 through 8-1104 and amendments thereto.

Section 3-8-D-4 RELEASE OF TOWED VEHICLE.

All motor vehicles towed pursuant to the provisions of this Chapter shall be released to the owner by the tow company upon satisfaction of the provisions as outlined in K.S.A. 8-1102 through 8-1104, and amendments thereto.

Section 3-8-D-5 HEARING PROCEDURE.

Owners who wish to contest the validity of a motor vehicle tow initiated by the Lenexa Police Department may request a hearing for such purpose by notifying the Clerk of the Municipal Court of the request, in writing. The request for hearing must be made within ten (10) calendar days of the day the vehicle was towed.
A hearing for the purpose of determining the validity of the tow shall be held by the Municipal Court Judge within fourteen (14) calendar days after the City's receipt of the request for hearing. The time and date of the hearing shall be set by the Clerk of the Municipal Court, who has authority to grant an extension for good cause shown.
Pending such hearing, the owner may retrieve the towed vehicle upon payment to the authorized tow service provider of an amount equal to the towing and storage fees incurred. Upon receipt of payment, the tow service provider shall immediately release the motor vehicle to the owner or person lawfully entitled thereto, in compliance with Section 3-8-D-4 of this Article. If the owner does not make advance payment of the fees, the vehicle may remain in storage until the requested hearing is held or forfeited, and until payment of all tow and storage fees incurred. Nothing in this Section shall impair the rights of the tow company pursuant to Section 3-8-D-6.
At the hearing, the Municipal Court Judge shall review the arguments and information presented to determine whether the vehicle was properly towed in accordance with the provisions of this Code. The hearing shall be informal and not subject to the rules of civil and/or criminal procedure. The Judge, based upon his or her findings, is authorized to deny the appeal or grant full or partial relief to the owner.
If any owner does not appear at the designated time for hearing, after notice of said hearing, the right to a hearing shall be forfeited and the tow affirmed, absent a finding by the Municipal Court Judge of good cause for failure to appear.

Section 3-8-D-6 LIEN CREATED; SALE OF VEHICLE.

An authorized tow service provider may proceed to dispose of towed vehicles, or to foreclose any possessory lien created by operation of law, in the manner provided in K.S.A. 8-1102 through 8-1104 and amendments thereto, unless a hold has been requested for a particular vehicle by the police department.

Section 3-8-D-7 IMPOUNDED VEHICLES.

Any vehicle impounded at the direction of the police department shall be disposed of in accordance with any orders of a court having jurisdiction over the matter, or as otherwise allowed by law once the vehicle is no longer needed for evidentiary purposes.

Article 3-8-E POLICE ROTATION TOW PROCEDURES

Sections:

3-8-E-1 PURPOSE.
3-8-E-2 LICENSE AND AGREEMENT REQUIRED.
3-8-E-3 ROTATION TOW REQUIREMENTS.
3-8-E-4 ROTATION TOW LIST.
3-8-E-5 FEES AND CHARGES.
3-8-E-6 PERSONAL PROPERTY IN TOWED VEHICLES. (Rep. Ord. 4722, 2/15/2005)
3-8-E-7 ENFORCEMENT AUTHORITY.
3-8-E-8 SUSPENSION OR REVOCATION OF APPROVAL AND AUTHORIZATION; GROUNDS.
3-8-E-9 SOLICITATION PROHIBITED.
3-8-E-10 ACCESS TO PROPERTY; LOCATION NOTICE REQUIRED.
3-8-E-11 MAXIMUM TOW AND STORAGE FEES.
3-8-E-12 PENALTY.

Section 3-8-E-1 PURPOSE.

The purpose of this Article is to provide a uniform system for the licensing and regulation of tow companies which are engaged in or which intend to engage in the practice of towing, removing and storing of motor vehicles at the request of the Lenexa Police Department.

It is hereby declared and found by the City Council to be of vital importance to the safety of the traveling public for disabled vehicles and vehicles found on public streets to be removed as promptly as possible; that delay in removal can impede the movement of traffic unnecessarily and can cause further accidents; that the solicitation of tows at accident scenes can lead to unnecessary traffic congestion and unsafe and chaotic conditions; and that the towing of vehicles is a matter affecting public safety. Consequently, vehicle tows should be subject to City supervision and administrative control for the purpose of safeguarding the public.

It is further declared and found by the City Council that in order to protect the public, to protect the rights of persons whose cars may be towed, and to preserve the peace and safety of the community, the practice of towing, removing and storing of motor vehicles are matters affecting public safety, and any person desiring to conduct such a business shall be required to obtain a license, enter into a tow service provider agreement, and obey the regulations as hereinafter provided.

Any person desiring to perform tow services at the request of the Lenexa Police Department, and who meets the requirements of all other provisions of this Article, shall be eligible to be placed on a rotation tow list and be called on a rotation basis.

Section 3-8-E-2 LICENSE AND AGREEMENT REQUIRED.

No person shall operate a tow company, as defined in this Chapter, in the City without first obtaining a City business license and paying the applicable license fee.
Each tow company seeking placement on the rotation tow list and designation as an authorized tow service provider shall make written application to the City and submit a one (1) time, non-refundable application fee as set forth by ordinance or resolution or as otherwise permitted. Each approved tow company shall also be required to enter into a tow service provider agreement with the City.
Each tow company seeking to renew its designation as an authorized tow service provider shall annually pay a renewal fee as set forth by ordinance or resolution or as otherwise permitted and renew their tow service provider agreement with the City.

Section 3-8-E-3 ROTATION TOW REQUIREMENTS.

The following requirements and criteria shall be met by any tow company seeking placement on the rotation tow list and designation as an authorized tow service provider.

Exclusive of state recognized holidays, each tow company shall be open and have a representative actually on the premises of the location or area where towed vehicles are stored or kept nine and one-half (9 1/2) hours per day, from eight o'clock (8:00) A.M. to five thirty o'clock (5:30) P.M., Monday through Friday. In addition thereto, each tow company shall conspicuously post a sign at the front of its business stating the business name and a telephone number where information can be obtained about any vehicle towed or stored by the business.
Tow companies and drivers must be available on a twenty four (24) hour, seven (7) days a week basis.
Each tow company must have properly zoned adequate storage facilities within the corporate boundaries of the City or within a three (3) mile radius of the Lenexa Police Department headquarters building, located at 87th Street Parkway and Monrovia, Lenexa, Kansas. The outside storage areas shall be fenced, with at least six foot (6') high chain link fence and shall be adequately secured.
Each tow company must have available storage area which is totally enclosed within a building for the protection and security of recovered stolen property to be processed and valuable property left in vehicles.
Each tow company must agree to handle and tow abandoned vehicles in addition to tow requests received from the Police Department for damaged or disabled vehicles.
Each tow company must provide the City with proof of the following insurance protection:
1. Commercial General Liability OR Garage Liability: Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage including products and completed operations.
2. Business Automotive Liability: Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage. Policy must include one of the following:
  1. Any Auto;
  2. All Owned, Hired and Non-Owned Autos; or
  3. All Scheduled, Hired and Non-Owned Autos.
3. Garagekeepers Legal Liability Coverage: Protection limits of at least $75,000 per garage location.
4. On-Hook/Cargo: Protection limits of at least $50,000.

Workers Compensation: Protection against all claims under applicable state workers compensation laws. The Tow Company shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of workers compensation law. The policy limits shall not be less than the following:

Workers’ Compensation: Statutory
Employers Liability

Bodily Injury by Accident: $100,000 Each Accident
Bodily Injury by Disease: $500,000 Policy Limit
Bodily Injury by Disease: $100,000 Each Employee

Proof of insurance must be furnished on standard Acord© certificate of insurance forms. The City is to be named as an additional insured on all required insuring agreements, with the exception of Workers Compensation.
The City will only accept coverage from an insurance carrier who offers proof that it:
1. Is licensed to do business in the State of Kansas;
2. Carries a Best’s policy holder rating of "A-" or better; and
3. Carries at least a Class X financial rating; or
4. Is a company approved by the City.

Each tow company must enter into and sign a Tow Service Provider Authorization and Indemnification Agreement.
If the owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal or towing of the vehicle, and is legally capable of removing the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half (1/2) of the applicable rate for such towing or removal, for which a receipt shall be given unless that person refuses to remove the vehicle from the property where it is otherwise unlawfully parked. There shall be no charge if the vehicle has not been connected to the tow truck.
The criteria and requirements set forth in subsection A through H of this Section shall not apply when the person whose vehicle is to be towed requests services from a specific tow company.
The tow company is solely responsible for cleaning all accident debris including but not limited to dirt, broken glass, metal or broken pieces, and the use of oil dry or a similar product to clean up any fluid spills, etc., from the roadway unless otherwise directed by the City. All debris shall be removed and deposited in a trash receptacle at the tow company's place of business.

Section 3-8-E-4 ROTATION TOW LIST.

The Lenexa Police Department shall maintain a list of authorized tow service providers to be used in providing rotation tow services for the City.

When a tow is needed, the police officer will communicate the need for a tow to the police dispatcher on duty. On receiving this communication, the dispatcher shall call the next authorized tow service provider on the rotation tow list to remove the vehicle. On each succeeding communication, the next tow company on the list is assigned. In the event an authorized tow service provider cannot be reached by the dispatcher or cannot provide the requested tow, that tow service provider shall forfeit its turn and the dispatcher shall call the next succeeding tow company on the list. The dispatcher shall keep a continuous rotation of each authorized provider on the master rotation tow list.
Placement on the rotation tow list shall be by alphabetical order. In the event a new tow company becomes authorized, it shall be placed on the list in alphabetical order, regardless of its resulting place in the rotation.
The Police Department shall not be obligated to use the rotation tow list for special events where more than one tow may be necessary. Instead, the City may enter into an agreement with one or more authorized tow service providers for the rights to tow vehicles, as needed at the request of the City, during those special events. For purposes of this section, special events shall include, but not be limited to, festivals, sobriety checkpoints, or any other similar type event that is outside the regular duties of the Police Department.

Section 3-8-E-5 FEES AND CHARGES.

All authorized tow service providers on the Police Department rotation tow list shall charge only those towing and storage fees, as provided in Section 3-8-E-11.

Section 3-8-E-6 PERSONAL PROPERTY IN TOWED VEHICLES. (Rep. Ord. 4722, 2/15/2005)

Section 3-8-E-7 ENFORCEMENT AUTHORITY.

The Police Chief, or designee, shall have authority to enforce reasonable practices and regulations for tow companies, subject to compliance with the provisions of this Chapter and K.S.A. 8-1102 through 8-1104 and amendments thereto, as deemed appropriate for the safety, well-being and protection of citizens and their property within the City.

Section 3-8-E-8 SUSPENSION OR REVOCATION OF APPROVAL AND AUTHORIZATION; GROUNDS.

Suspension: The Police Chief may, for just cause, suspend an authorized tow service provider from the rotation tow list. Any such suspension shall be at the discretion of the Police Chief for a specified period of time or until the cause or reason for the suspension has been remedied to the satisfaction of the Police Chief.
Revocation: The Police Chief may order the revocation of an authorized tow service provider from the rotational tow list for just cause. Such provider shall not be eligible for reinstatement for at least one (1) year from the date of revocation.
Appeal: Such suspension or revocation shall be by written notice to the tow service provider. The tow service provider may appeal such decision to the City Council by filing notice with the City Clerk's office within ten (10) days of the notice of suspension or revocation. The City Council shall have the power to reverse, alter, modify, uphold or increase any suspension or revocation ordered by the Police Chief.
Vested Rights: Nothing in this Article or, specifically, the issuance of any license to any tow company, the utilization of any tow company, or the designation as an authorized tow service provider shall confer any vested property rights upon the tow company to continue on the City's rotational tow list.
Termination: A tow company may terminate its designation as an authorized tow service provider, and therefore be removed from the rotation tow list, by providing five (5) days written notice to the Police Chief.

Section 3-8-E-9 SOLICITATION PROHIBITED.

No tow company or tow company employee, driver or contractor on duty with a tow company, shall stop, stand or park a tow truck at or near the scene of an accident or at or near a disabled vehicle within the City for the purpose of soliciting an agreement for towing services, unless such tow company, employee, driver or contractor has been called to the scene by the Lenexa Police Department, by another law enforcement agency, or by the owner of an involved vehicle or his or her authorized representative.

Section 3-8-E-10 ACCESS TO PROPERTY; LOCATION NOTICE REQUIRED.

Any owner of a vehicle towed pursuant to this Chapter shall have access to personal property in such vehicle for up to 48 hours after such vehicle has been towed, and such personal property shall be released to said owner unless it is being held or seized as evidence.
The authorized tow service provider shall report the final location of any towed vehicle to the Lenexa Police Department no later than within two hours after towing the vehicle.

Section 3-8-E-11 MAXIMUM TOW AND STORAGE FEES.

The maximum towing, storage and other fees for any vehicle towed or impounded pursuant to this Chapter shall not exceed the following:
1. Basic tow, including wheel lift, rollback or flatbed tow: $ 83.00 max
  (to tow lot, police station, or City service center)
2. Mileage: $ 3.00/mile
3. Storage – Outside: $ 20.00/day
4. Storage – Inside: $ 25.00/day
5. Dolly required: $ 43.00
  (this fee is in addition to the basic tow service charge)
6. Winch/Rollover required, prorated per ¼ hour: $100.00
  (this fee is in addition to the basic tow service charge)
7. Motorist Assist: $ 55.00
  plus $3.00/mile
These fees include clean-up of all accident debris, including but not limited to the use of oil dry or a similar product to clean up any fluid spills.
An authorized tow service provider may charge a full day’s storage fee for any portion of a day the vehicle is stored. Storage fees for Saturday, Sunday or holiday storage are only permitted if tow company personnel are on site and available to release a vehicle from at least 8:00 a.m. to 12:00 p.m. on those days.

Section 3-8-E-12 PENALTY.

Any person who violates any provision of this Article shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five-hundred dollars ($2500.00). In addition to any such fine, the Court may sentence any person convicted hereunder to a period of confinement of up to six (6) months in jail.
Any penalty imposed by this provision shall be in addition to any other remedy at law or equity available to the City for any failure to comply with the provisions of this Article.

Article 3-8-F TOWING OF VEHICLES FROM PRIVATE PROPERTY (NON-CITY INITIATED)

Sections:

3-8-F-1 UNLAWFUL ACTS.
3-8-F-2 MAXIMUM TOW AND STORAGE FEES.
3-8-F-3 PENALTY.

Section 3-8-F-1 UNLAWFUL ACTS.

It is the intent of this Section to further the safety of the general public by ensuring that a private property owner or lessee has provided adequate authorization for the removal of a vehicle from his or her property, and to attempt to avoid towing mistakes and false vehicle theft reports, thereby promoting the safety of those persons involved in ordering the removal of the vehicle as well as those persons removing, towing, and storing the vehicle.

It shall be unlawful and a violation of this Chapter for any person to fail to comply with the following regulations when involved in the towing or request of towing of motor vehicles from private property at the request of third parties and without the consent of the owner or operator of the vehicle:

Notification: Prior to the person or tow company towing or removing a vehicle from private property, they shall notify the Lenexa Police Department of their intent and of the following information concerning the tow or removal:
1. Vehicle make, model, style, color and year;
2. Vehicle Identification Number (VIN);
3. License plate number and State of issuance;
4. Ultimate destination where the vehicle is to be towed and stored, and a contact number for the owner to call for information regarding release of the vehicle;
5. Reason for the tow; and
6. Person ordering the tow.
Mandatory Disconnect: If the owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half (1/2) of the posted rate for such towing or removal, for which a receipt shall be given unless that person refuses to remove the vehicle from the property where it is otherwise unlawfully parked. There shall be no charge if the vehicle has not been connected to the tow truck.
Notice and Sign Requirements: Except for property appurtenant to and obviously a part of a single-family residence, which shall include duplexes, townhomes, and residential planned unit developments, and except for instances when notice is personally given to a vehicle owner or operator that the area where the vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles which are subject to being towed at the owner or operator's expense, any private property owner or other person in legal possession of the property, prior to towing or removing any vehicle from private property without the consent of the owner or operator, must post a notice meeting the following requirements:
1. The notice must be prominently placed at each primary driveway access or curb cut allowing vehicular access to the property.
2. The notice must clearly indicate, in not less than two inch (2") high, light-reflective letters on a contrasting background, that "Unauthorized Vehicles Will Be Towed".
3. The sign structure containing the required notices shall not exceed three (3) square feet in area and must be permanently installed, with the bottom of the sign not less than four feet (4') and not more than five feet (5') above ground level and must be continuously maintained on the property for not less than twenty four (24) hours prior to the towing or removal of vehicles.
Right to Enter Vehicle: A tow company may enter a vehicle for the sole purpose of removing the vehicle, provided reasonable care is used in entering the vehicle, and the tow company or person entering the vehicle is responsible for the security of the vehicle and its contents. The right of entry is conditioned on the tow service having the keys or other legal non-damaging means of entering the vehicle.

Owner Access: Any owner of a vehicle towed pursuant to this Chapter shall have access to personal property in such vehicle for up to 48 hours after such vehicle has been towed, and such personal property shall be released to said owner unless it is being held or seized as evidence.
Report of Location: No later than two hours after the tow or removal of a vehicle, the tow company shall report the final location of the towed vehicle to the Lenexa Police Department.

Section 3-8-F-2 MAXIMUM TOW AND STORAGE FEES.

The maximum fee a person or tow company may charge for towing vehicles from private property at the request of a third party or for storage of a vehicle shall not exceed the rates as provided in Section 3-8-E-11.

Section 3-8-F-3 PENALTY.

Any person or tow company that violates the provisions of this Article shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). In addition to such fine, the Court may sentence any person convicted hereunder to a period of confinement of up to six (6) months in jail.
Any penalty imposed by this provision shall be in addition to any other remedy at law or equity available to the City for any failure to comply with the provisions of this Article.

Article 3-8-G DEFINITIONS

Sections:

3-8-G-1 PARKING DEFINITIONS GENERALLY.
3-8-G-2 PARKING DEFINITIONS - A-H.
3-8-G-3 PARKING DEFINITIONS - I-O.
3-8-G-4 PARKING DEFINITIONS - P-R.
3-8-G-5 PARKING DEFINITIONS - S-Z.
3-8-G-6 IMMOBILIZATION OR TOWING OF HAULING TRAILERS.
3-8-G-7 USE OF CONTROLLED ACCESS FACILITIES BY CERTAIN VEHICLES.
3-8-G-8 INOPERABLE VEHICLES.
3-8-G-9 TOWING OF VEHICLES PROCEDURES.
3-8-G-10 POLICE ROTATION TOW PROCEDURES.
3-8-G-11 TOWING OF VEHICLES FROM PRIVATE PROPERTY.

Section 3-8-G-1 PARKING DEFINITIONS GENERALLY.

For purposes of Section 3-8-B-2 of this Chapter, the words and terms in Sections 3-8-G-2 through 3-8-G-5 of this Article shall have the meanings set out therein.

Section 3-8-G-2 PARKING DEFINITIONS - A-H.

AGENT: Any person designated to act for any person, firm, association, partnership or corporation that has fee simple title in any real property used as a private commercial parking area or a private residential parking area or a private residential common area.

BOAT: A marine vessel operable upon any waterway and propelled by cars, paddles, sails or through the use of a motor or engine.

CAMPING TRAILER AND SHELL: Any device without motor power which is designed primarily as temporary living quarters for recreational camping, vacation or travel use, which is mounted on or drawn by another vehicle. This includes travel trailers, house trailers, camping trailers, pop-up campers, slide-in campers, shells, truck caps and all other similar devices. This does not include modular mobile homes which are designed for long-term habitation.

DEVICE: Any watercraft, recreational vehicle, motorhome, camping trailer, shell, truck cap, pop-up camper, slide-in camper and other similar device, or hauling trailer, including any vehicle hereinafter referred to as "device."

FARM MACHINERY AND IMPLEMENTS: Any tool, device or piece of equipment which is designed and used to perform specific objectives relative to agricultural practices. This includes, but is not limited to, tractors, animal trailers, harrows, manure spreaders and combines.

HAULING TRAILER: A device, without motor power, designed primarily for the purpose of transporting goods, products, property or self-propelled devices and is drawn by a motor vehicle.

Section 3-8-G-3 PARKING DEFINITIONS - I-O.

MOTOR VEHICLE: Every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

MOTORHOME: Every vehicle with motor power constructed primarily for recreational purposes and as temporary living quarters.

OPEN SPACE, USABLE: Usable open space is land which is free of buildings, structures and other substantial improvements.

The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition:
1. Outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas; provided, these areas are unenclosed except for fences, canopies, bathhouses or other minor structures.
2. Driveways that do not serve more than two (2) parking spaces.
3. Improved recreational facilities with ready access on flat roofs.
4. That portion of the public street adjacent to the site which, at the ultimate expected pavement width for that classification of street, will remain unpaved.
The following examples are listed by way of illustration to indicate what may not be counted as usable open space within this definition:
1. Roofs.
2. Open parking areas.
3. Parking structures.
4. Slopes in excess of fifty percent (50%).
5. Limited access highway rights-of-way.

OWNER or REGISTERED OWNER: A person, other than a lienholder, having property rights in or title to a motor vehicle, and such term includes a person entitled to the use and possession of a motor vehicle subject to a security interest in another person.

Section 3-8-G-4 PARKING DEFINITIONS - P-R.

PARK or PARKING: The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

PRIVATE COMMERCIAL PARKING AREA: That private property adjacent to any building housing a trade, business or profession, used for the parking of motor vehicles belonging to members of the trade, business or profession, their customers, clients or invitees.

PRIVATE PROPERTY: All realty not owned by the public.

PRIVATE RESIDENTIAL PARKING AREA or PRIVATE RESIDENTIAL COMMON AREA: Every way or place in private ownership or private homeowner's association ownership and used for vehicular travel and parking by the owner or those persons who are beneficiaries of a private easement for the purpose of ingress or egress and those persons having express or implied permission from the owner, but not other persons.

RESIDENTIAL DISTRICT: Any place or area where the property is owned for residential occupancy, including single-family, two-family and multi-family dwellings.

Section 3-8-G-5 PARKING DEFINITIONS - S-Z.

TON: The manufacturer's weight specification designated per vehicle.

VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

YARD: An open space at grade between a building and the adjoining lot lines, street curb line or pavement line, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided.

YARD, FRONT: A yard across the full width of the lot extending from the front line of the building to the front line of the lot.

YARD, REAR: A yard between the rear lot line and the rear line of the main building and the side lot lines.

YARD, SIDE: A yard between the side lot line and side of the main building extending from the front property line to the rear property line.

Section 3-8-G-6 IMMOBILIZATION OR TOWING OF HAULING TRAILERS.

The following words and phrases, when used in Section 3-8-B-3 of this Chapter, shall have the meanings respectively ascribed to them herein:

HAULING TRAILER: A device, without motor power, designed primarily for the purpose of transporting goods, products, property or devices and to be drawn by a motor vehicle.

OWNER: A person, other than a lienholder, having property rights in or title to a hauling trailer, and such term includes a person entitled to the use and possession of the hauling trailer subject to a security interest in another person.

Section 3-8-G-7 USE OF CONTROLLED ACCESS FACILITIES BY CERTAIN VEHICLES.

The following, when used in Section 3-8-B-4 of this Chapter, shall have the meanings ascribed herein:

CONTROLLED ACCESS HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

Section 3-8-G-8 INOPERABLE VEHICLES.

Whenever the following words and terms are used in Article C of this Chapter, they shall have the meanings ascribed to them in this Section:

ADMINISTRATIVE OFFICER: The Public Officer or his appointee.

Section 3-8-G-9 TOWING OF VEHICLES PROCEDURES.

The following words and phrases, when used in Articles D and E of this Chapter, shall have the meanings respectively ascribed to them herein:

AUTHORIZED TOW SERVICE PROVIDER: Any person, firm, partnership or corporation engaged in the tow business that has been approved to provide rotation tow services for the City .

DOLLY: A low, non-motorized mobile platform that rolls on wheels to carry a load.

IMPOUND: To seize and hold a vehicle at the direction of the police department for evidentiary purposes.

OWNER: The registered owner of the subject vehicle on record with the State division of vehicles, or any other legally authorized person in control of the subject vehicle, such as a lessee, bona fide purchaser, lienholder, or permissive driver.

ROLLBACK OR FLATBED TOW: The use of a towing vehicle in which the vehicle being towed is fully loaded upon the bed of the towing vehicle.

TOW COMPANY: Any person, firm, partnership or corporation engaged in the towing business.

TOW or TOWING: The preparation of a motor vehicle for moving or removal or the actual moving or removal of a motor vehicle with or without the knowledge or actual consent of the owner or the person in legal possession of the vehicle for which a service fee is charged.

WHEEL LIFT: The use of any type of towing vehicle in which a single set of wheels on the vehicle being towed are lifted.

WINCH/ROLLOVER: Winching vehicles from off the road, ditches, ravines, and other difficult situations.

Section 3-8-G-10 POLICE ROTATION TOW PROCEDURES.

The following words and phrases, when used in Article E of this Chapter, shall have the meanings respectively ascribed to them herein:

ROTATION TOW LIST: The list of authorized tow service providers used by the Lenexa Police Department for rotation tows.

STORAGE: The custody and control of a vehicle by a tow company or the City following a tow.

TOW COMPANY: Any person, firm, partnership or corporation engaged in the towing business.

TOW TRUCK: Any truck or other vehicle adapted or used for the purpose of towing, winching, carrying or otherwise removing another vehicle from a given location for commercial purposes.

Section 3-8-G-11 TOWING OF VEHICLES FROM PRIVATE PROPERTY.

The following words and phrases, when used in Article F of this Chapter, shall have the following meanings respectively ascribed to them herein:

PRIVATE PROPERTY: All property privately owned, regardless of whether the property is open to public access.

STORAGE: The custody and control of a vehicle by a tow company following a tow.

TOW COMPANY: Any person, firm, partnership or corporation engaged in the towing business.

TOW TRUCK: Any truck or other vehicle adapted or used for the purpose of towing, winching, carrying or otherwise removing another vehicle from a given location for commercial purposes.

Chapter 3-9 PUBLIC OFFENSE

ARTICLES:

3-9-A GENERAL PROVISIONS
3-9-B OFFENSES INVOLVING THE PERSON
3-9-C OFFENSES AGAINST PROPERTY
3-9-D OFFENSES AFFECTING ADMINISTRATION OF JUSTICE
3-9-E OFFENSES AFFECTING PUBLIC PEACE, HEALTH AND SAFETY
3-9-F OFFENSES AFFECTING PUBLIC MORALS
3-9-G OFFENSES INVOLVING LIQUOR
3-9-H OFFENSES INVOLVING DRUGS AND DRUG PARAPHERNALIA
3-9-I OFFENSES INVOLVING EXPLOSIVES AND WEAPONS
3-9-J PENALTY FOR VIOLATIONS
3-9-K DEFINITIONS

Article 3-9-A GENERAL PROVISIONS

Sections:

3-9-A-1 PROHIBITED ACTS.
3-9-A-2 CIVIL REMEDIES PRESERVED.

Section 3-9-A-1 PROHIBITED ACTS.

Whenever in this Chapter any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

Section 3-9-A-2 CIVIL REMEDIES PRESERVED.

This Chapter does not bar, suspend or otherwise affect any civil right or remedy authorized by law.

Article 3-9-B OFFENSES INVOLVING THE PERSON

Sections:

3-9-B-1 ASSAULT.
3-9-B-2 BATTERY.
3-9-B-3 INTERFERENCE WITH PARENTAL CUSTODY.
3-9-B-4 CHILDREN LEFT UNATTENDED IN VEHICLES.
3-9-B-5 INTERFERENCE WITH CUSTODY OF A COMMITTED PERSON.
3-9-B-6 MISTREATMENT OF A CONFINED PERSON.
3-9-B-7 DENIAL OF CIVIL RIGHTS.
3-9-B-8 CREATING A HAZARD.
3-9-B-9 HARASSMENT BY ELECTRONIC COMMUNICATION.
3-9-B-10 WINDOW PEEPING.
3-9-B-11 LIABILITY FOR OFFENSES OF ANOTHER.
3-9-B-12 LASER POINTERS.
3-9-B-13 EAVESDROPPING.

Section 3-9-B-1 ASSAULT.

An assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3408.*

Section 3-9-B-2 BATTERY.

Battery is:

Intentionally or recklessly causing bodily harm to another person; or
Intentionally causing physical contact with another person when done in a rude, insulting or angry manner. *

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3412.*

Section 3-9-B-3 INTERFERENCE WITH PARENTAL CUSTODY.

Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of fourteen (14) years with the intent to detain or conceal such child from its parent, guardian or other person having the lawful charge of such child.

Section 3-9-B-4 CHILDREN LEFT UNATTENDED IN VEHICLES.

It shall be unlawful for any person to leave a child under the age of ten (10) unattended in a motor vehicle. For purposes of this Section, "unattended" shall mean that the person is outside the motor vehicle and is unable to continuously observe the child.

Emergency services personnel who observe a child left unattended in a motor vehicle in violation of this Section may use whatever means reasonably necessary to protect the minor child and remove the child from the vehicle.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter. In addition to the penalty provisions as set forth in Article 3-9-J of this Chapter, the Judge may order any person convicted of this Section to attend and complete a community education program relating to improving parenting skills.

Section 3-9-B-5 INTERFERENCE WITH CUSTODY OF A COMMITTED PERSON.

Interference with custody of a committed person is knowingly taking or enticing any committed person away from the control of his lawful custodian without privilege to do so. A committed person is any person committed, other than by criminal process, to any institution or other custodian by any court or other officer or agency authorized by law to make such commitment.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-B-6 MISTREATMENT OF A CONFINED PERSON.

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.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3425.*

Section 3-9-B-7 DENIAL OF CIVIL RIGHTS.

Denial of civil rights is denying to another, on account of the race, color, ancestry, national origin, age, sex, physical disability or religion of such other:

The full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the State or any political subdivision or municipality thereof.
The full and equal use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guests for hire or any establishment which is engaged in selling food or beverage to the public for consumption upon the premises or any place of recreation, amusement, exhibition or entertainment which is open to members of the public.
The full and equal use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods.
The full and equal use and enjoyment of the services, facilities, privileges and advantages of any establishment which offers personal or professional services to members of the public.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4003.*

Section 3-9-B-8 CREATING A HAZARD.

Creating a hazard is:

Storing or abandoning in any place accessible to children a container which has a compartment of more than one and one-half (1 1/2) cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside and failing to remove the door, lock, lid or fastening device on such container; or
Being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located and knowingly failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or
Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4212.*

Section 3-9-B-9 HARASSMENT BY ELECTRONIC COMMUNICATION.

Harassment by electronic communication is the use of electronic communication for any of the following purposes:

Making or transmitting any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent; or
Initiating contact one or more times, whether or not conversation ensues, with the intent to abuse, threaten or harass any person.
Repealed by Ordinance No. 5031
Repealed by Ordinance No. 5031
Repealed by Ordinance No. 5031
Repealed by Ordinance No. 5031
As used in this Section, electronic communication means a transfer or signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, optical cable, electromagnetic, photo-electronic, photo-optical system, or other similar means whether digital or analog, including but not limited to:
1. A communication using electronic mail, instant messaging, network call, internet-based communication, telephone, telefacsimile communication, or electronic text messaging; and
2. A communication made to a pager.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-B-10 WINDOW PEEPING.

It is unlawful for anyone to engage in window peeping which is the going upon property owned or occupied by another without such person's consent for the purpose of looking into any window, door, skylight or other opening into a house, room or building.

Section 3-9-B-11 LIABILITY FOR OFFENSES OF ANOTHER.

A person is criminally responsible for an offense committed by another if such person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense.
A person liable under subsection A of this Section is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the offense intended.
A person liable under this Section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense lacked criminal or legal capacity or has not been convicted of some other degree of the offense or of some other offense based on the same act.*

*K.S.A. 21-3205.*

Section 3-9-B-12 LASER POINTERS.

1. Possession By Minors Prohibited: It shall be unlawful for any person under the age of eighteen (18) to possess a laser pointer except in the residence of that person. All laser pointers in the possession of a minor are deemed contraband, subject to seizure by any duly authorized peace officer with or without process or warrant and shall be subject to forfeiture.
2. Affirmative Defense: It shall be a defense to subsection A1 of this Section where the laser pointer would have been or was used for a valid school-related or employment purpose and under the direct supervision of a school staff person, instructor, employer, parent, guardian or other responsible adult.
3. Penalty: Any person violating subsection 3-9-B-12-A-1 of this Section shall be guilty of a laser pointer infraction and shall be fined no more than twenty five dollars ($25.00).
Illumination Of Persons Prohibited: It shall be unlawful for any person to use a laser pointer in such a manner that the laser beam illuminates on any other person tending to reasonably anger, alarm, arouse or cause resentment in that other person.
Illumination Of Vehicle Operators Prohibited: It shall be unlawful for any person to use a laser pointer in such a manner that the laser beam illuminates the operator of a motor vehicle.
Illumination Of Uniformed Officers Prohibited: It shall be unlawful for any person to use a laser pointer in such a manner that the laser beam illuminates a uniformed police officer, uniformed security guard, uniformed school safety officer, uniformed firefighter, uniformed ambulance worker, uniformed public safety officer, uniformed animal control officer, uniformed parking control member or the marked service vehicle of any of the above listed persons.
Definition: For purposes of this Section, a "laser pointer" is any device which emits light amplified by the stimulated emission of radiation that is visible to the human eye and designed to be used as a pointer or highlighter, to indicate, mark or identify a specific position or place, including, but not limited to, Class 2 lasers, Class 3a and 3b lasers, and Class 4 lasers. For purposes of this Section, any laser used for medical, educational or other legitimate commercial use is not a "laser pointer".
Penalty: Any violation of the above provision, except subsection A1 of this Section, shall be punishable in accordance with Section 1-1-C-3 of this Code.

Section 3-9-B-13 EAVESDROPPING.

Eavesdropping is knowingly and without lawful authority:
1. Entering into a private place with intent to listen surreptitiously to private conversations or to observe the personal conduct of any other person or persons therein;
2. Installing or using outside a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;
3. Installing or using any device or equipment for the interception of any telephone, telegraph or other wire communication without the consent of the person in possession or control of the facilities for such wire communication;
4. Installing or using a concealed camcorder, motion picture camera or photographic camera of any type, to secretly videotape, film, photograph or record by electronic means, another, identifiable person under or through the clothing being worn by that other person or another, identifiable person who is nude or in a state of undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
A private place within the meaning of this Section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access.
It shall not be unlawful for an operator of a switchboard, or any officer, employee, or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Article 3-9-C OFFENSES AGAINST PROPERTY

Sections:

3-9-C-1 THEFT.
3-9-C-2 UNLAWFUL DEPRIVATION OF PROPERTY.
3-9-C-3 DAMAGE TO PROPERTY.
3-9-C-4 CRIMINAL TRESPASS.
3-9-C-5 LITTERING.
3-9-C-6 TAMPERING WITH A LANDMARK.
3-9-C-7 TAMPERING WITH A TRAFFIC SIGNAL.
3-9-C-8 UNLAWFUL HUNTING.
3-9-C-9 UNLAWFUL USE OF A FINANCIAL CARD.
3-9-C-10 GIVING A WORTHLESS CHECK.
3-9-C-11 UNLAWFUL MANUFACTURE OR DISPOSAL OF FALSE TOKENS.
3-9-C-12 FALSELY OBTAINING ACCOMMODATIONS.
3-9-C-13 AUTOMOBILE MASTER KEY VIOLATION.
3-9-C-14 COIN-OPERATED MACHINES.
3-9-C-15 SERIAL NUMBERS.
3-9-C-16 ADVERTISEMENTS AND NOTICES.
3-9-C-17 REGISTRATION FOR ANY HOTEL, MOTEL, LODGINGHOUSE, ROOMINGHOUSE, AND SELF-SERVICE STORAGE FACILITY.
3-9-C-18 TRESPASSING ON RAILROAD PROPERTY.
3-9-C-19 MISUSE OF PUBLIC FUNDS

Section 3-9-C-1 THEFT.

Theft, Generally: Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner's property:
1. Obtaining or exerting unauthorized control over property; or
2. Obtaining by deception, control over property; or
3. Obtaining by threat, control over property; or
4. Obtaining control over stolen property knowing the property to have been stolen by another.*
  
  *K.S.A. 21-3701.*
Theft Of Lost, Mislaid Property: Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof and who intends to deprive the owner permanently of the possession, use or benefit of the property.**

**K.S.A. 21-3703.**
Theft Of Services: Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device.***

***K.S.A. 21-3704.***
Intent; Permanently Deprive:
1. In any prosecution under this Section, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:
  1. The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;
  2. The failure of a person who leases or rents personal property and fails to return the same within ten (10) days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven (7) days after receipt of the notice, in which case the subsequent return of the property within the seven (7) day period shall exempt such transaction from consideration as prima facie evidence as provided in this Section;
  3. Destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property; or
  4. Destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property.
2. In any prosecution in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within thirty (30) days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the thirty (30) day period shall exempt such transaction from consideration as prima facie evidence as provided in this Section.
3. The word notice as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three (3) days following deposit of the notice, postage prepaid, in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library materials at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address.*
  
  *K.S.A. 21-3702.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-2 UNLAWFUL DEPRIVATION OF PROPERTY.

Unlawful deprivation of property is obtaining or exerting unauthorized control over property, with the intent to deprive the owner of temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of his property.*

*K.S.A. 21-3705.*

Section 3-9-C-3 DAMAGE TO PROPERTY.

Criminal Damage To Property: Criminal damage to property is, by means other than by fire or explosive:
1. Wilfully injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
2. Injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property with the intent to injure or defraud an insurer or lienholder.*
  
  *K.S.A. Supp 21-3720*
Desecration:
1. Desecrate means to deface, damage, pollute or otherwise physically mistreat in any way that will outrage the sensibilities of persons likely to observe or discover the action.
2. Criminal desecration is purposely desecrating any public monument or structure or any place of worship or purposely and publicly desecrating the national flag, the State flag or any other object venerated by the public or a substantial segment thereof.**
  
  **K.S.A. 21-4111.**
Desecrating A Cemetery: Desecrating a cemetery is knowingly and without authorization of law:
1. Destroying, cutting, mutilating, defacing or otherwise injuring, tearing down or removing any tomb, monument, memorial or marker in a cemetery or any gate, door, fence, wall, post or railing or any enclosure for the protection of a cemetery or any property in a cemetery;
2. Obliterating any grave, vault, niche or crypt; or
3. Destroying, cutting, breaking or injuring any building, statuary, ornamentation, tree, shrub or plant within the limits of a cemetery.*
  
  *K.S.A. 21-4115.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-4 CRIMINAL TRESPASS.

Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person who knows he is not authorized or privileged to do so and:

Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
Such premises or property is posted in a manner reasonably likely to come to the attention of intruders or is locked or fenced or otherwise enclosed or shut or secured against passage or entry; or
Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction, and the restraining order has been personally served upon the person so restrained.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3721.*

Section 3-9-C-5 LITTERING.

Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface into, upon or about:

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
Any private property without the consent of the owner or occupant of such property.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3722.*

Section 3-9-C-6 TAMPERING WITH A LANDMARK.

Tampering with a landmark is wilfully and maliciously:

Removing any monument of stone or other durable material established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land or of the State or any legal subdivision thereof; or
Defacing or altering marks upon any tree, post or other monument made for the purpose of designating any point on such boundary; or
Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with the intent to destroy such marks; or
Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or
Defacing or altering any inscription on any such marker or monument; or
Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011, as amended.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3724.*

Section 3-9-C-7 TAMPERING WITH A TRAFFIC SIGNAL.

Tampering with a traffic signal is intentionally manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3725.*

Section 3-9-C-8 UNLAWFUL HUNTING.

Unlawful hunting is fishing or shooting or pursuing any bird or animal from any traveled public road or railroad right-of-way that adjoins occupied or improved premises.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*See subsection 3-9-I-2-B of this Chapter.*

Section 3-9-C-9 UNLAWFUL USE OF A FINANCIAL CARD.

Unlawful use of a financial card is any of the following acts done with the intent to defraud and for the purpose of obtaining money, goods, property, services or communication services, other than telecommunication services as defined by K.S.A. 21-3745 and amendments thereto:
1. Using a financial card without the consent of the cardholder; or
2. Knowingly using a financial card, or the number or description thereof, which has been revoked or canceled; or
3. Using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.
For the purposes of subsection A2 of this Section, a financial card shall be deemed canceled or revoked when notice, in writing, thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.*

*K.S.A. 21-3729.*

Section 3-9-C-10 GIVING A WORTHLESS CHECK.

Definition: Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with the intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.
Evidence of Intent to Defraud: In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of the intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee, unless:
1. The maker or drawer pays the holder thereof the amount due thereon and a service charge equal to that assessed by the holder, not exceeding the statutory maximum fee for each check within seven (7) days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee; or
2. A postdated date is placed on the check, order or draft without the knowledge or consent of the payee.
Notice: As used in this Section, notice includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check, draft or order.
It shall not be a defense to a prosecution under this Section that the check, draft or order upon which such prosecution is based:
1. Was postdated, unless such check, draft or order was presented for payment prior to the postdated date; or
2. Was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

Section 3-9-C-11 UNLAWFUL MANUFACTURE OR DISPOSAL OF FALSE TOKENS.

The unlawful manufacture or disposal of false tokens is manufacturing, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with the intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or services.
The manufacture, advertising, offering for sale or distribution of any such slug, device or substance shall be prima facie evidence of an intent to cheat or defraud within the meaning of this Section.*

*K.S.A. 21-3730.*

Section 3-9-C-12 FALSELY OBTAINING ACCOMMODATIONS.

It shall be unlawful for any person to obtain food, lodging or other accommodations at any restaurant, hotel, boarding house, apartment house or rooming house by means of any trick, deception or false representation, statement or pretense, with the intent to defraud the owner or keeper thereof and fail or refuse to pay therefor.
Proof of the intent to defraud, that lodging, food or other accommodations were obtained by false pretense or by false, fictitious show or pretense of any baggage or other property or that he gave in payment for such food, lodging or other accommodation a check or other negotiable paper upon which payment was refused or that he left the inn, hotel, boarding house, apartment house or rooming house without paying or offering to pay for such food, lodging or other accommodations or that he surreptitiously removed or attempted to remove his baggage or other property or that he registered under a fictitious name, shall be prima facie proof of the attempt to defraud.

Section 3-9-C-13 AUTOMOBILE MASTER KEY VIOLATION.

Automobile master key violation is either:

Selling or offering to sell a motor vehicle master key knowingly designed to fit the ignition switch of more than one motor vehicle to a person who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer; or
Possession of a motor vehicle master key designed to fit the ignition switch of more than one motor vehicle by a person knowing it to be such a key who is not regularly carrying on the business of garage proprietor or locksmith or employed as a law enforcement officer.

It shall not be unlawful for the owner of two (2) or more vehicles to possess a motor vehicle master key for any or all of the motor vehicles so owned nor shall the sale of such master keys to such owner be unlawful. It shall be a defense that the defendant is within this exemption.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-14 COIN-OPERATED MACHINES.

Opening, Damaging Or Removing Coin-Operated Machines: Opening, damaging or removing coin-operated machines is wilfully and knowingly opening, removing or damaging any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services or any part thereof with the intent to commit theft.*
Possession Of Tools For Opening, Damaging Or Removing Coin-Operated Machines: Possession of tools for opening, damaging or removing coin-operated machines is the possession of any key, tool, instrument or other device or any drawing, print or mold of a key or other device or any explosive specifically designed for or suitable for the use in opening or breaking into any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services with the intent to commit theft.*

*See Section 3-9-C-1 of this Article.*

Section 3-9-C-15 SERIAL NUMBERS.

It shall be unlawful for any person to wilfully change, cover, alter, remove, obliterate or deface any serial number or other manufacturer's number or any identification letters, words or numbers of any machine, apparatus or article that carries a manufacturer's serial number or any other identification letters, words or numbers with the intent to conceal the identity of such machine, apparatus or article from the rightful owner thereof or from law enforcement personnel.
It shall be unlawful for any person to knowingly buy, sell, receive, barter, trade, dispose of or have in his possession any articles, devices, apparatuses or machines from which the manufacturer's number or identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced or destroyed with the intent to conceal the identity thereof from the rightful owner or from law enforcement personnel.
Possession of any of the aforenamed manufacturer's articles, devices, apparatuses or machines from which the manufacturer's serial number or other manufacturer's number or identification mark or the name of the manufacturer or make or model or any other identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced or destroyed shall be prima facie evidence that the possessor has changed, covered, altered, removed, obliterated, defaced or destroyed the same with the intent to cancel, destroy or misrepresent the identity or type or ownership of such machine, apparatus or article.

Section 3-9-C-16 ADVERTISEMENTS AND NOTICES.

Tampering With Public Notice: Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time the notice is required or authorized to remain posted.
Unlawful Posting Of Pictures And Advertisements: Unlawful posting of pictures and advertisements is:
1. 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 shall not be unlawful to affix official traffic-control devices to such poles; or
2. The placement of either or both on public property other than as prescribed in subsection B1 hereof; or
3. The placement of either or both on the 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 or advertisement is placed; or
4. The placement of either on private property without the consent of the landowner or the person in possession of such property.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-17 REGISTRATION FOR ANY HOTEL, MOTEL, LODGINGHOUSE, ROOMINGHOUSE, AND SELF-SERVICE STORAGE FACILITY.

Registration Requirements.
1. The owner, proprietor, manager, or other person in charge of any hotel, motel, lodginghouse, roominghouse, or other place where transients are accommodated shall, at all times, keep a register in which shall be ascribed the names of all guests or persons renting or occupying in such house, which register shall be signed by the person renting a room or by someone under his direction. The register shall include the full name of the person and their home or business address. This information shall be verified by a driver’s license, passport, state identification card or any other reliable document. If the person uses a driver’s license or passport for verification, the register shall include the driver’s license or passport number. Furthermore, the register shall include, when applicable, complete vehicle information such as license plate number, state of issuance and vehicle description. Such registration shall be made, and after the names and information are ascribed in the register, the manager or other person in charge, or his agent, shall write the number of the room such guest or person is to occupy, together with the time when such room is rented so as to identify the room occupied by the person registering. The verified name and address must appear on the register prior to any guest being permitted to rent or occupy a room. Such register shall at all times be open to inspection by any police officer of the City, County, State or Federal government.
2. The owner, proprietor, manager, or other person in charge of any self-service storage facility shall, at all times, keep a register in which shall be ascribed the names of all persons renting or leasing individual storage space at their facility. The register shall include the full printed name and signature of the person renting or leasing the storage unit, a photocopy of their driver's license, state issued identification card or other reliable identification, and their home address and phone number(s). The manager or other person in charge shall include the storage unit number or other description for the space the person is renting or leasing in the register. Such register shall at all times be open to inspection by any police officer of the City, County, State or Federal government.
The requirements of subsection A1 of this Section shall not apply to corporate clients, bus tours, or room block clients. In those cases, the owner, proprietor, manager or person in charge shall ensure that the following information is obtained and kept available for inspection by any police officer of the City, County, State or Federal government: the name and room number of each guest, the name, address and phone number of the person or entity to whom the room is billed and, if available, a description of the vehicle used by the person renting the room.
No person shall write or cause to be written, or knowingly permit to be written, in any register for any self-service storage facility, hotel, motel, lodginghouse, roominghouse, or other place whatsoever where transients are accommodated in the City, any other or different designation than the true name of the person so registered therein, or the name by which the person is generally known.
For the purposes of this section, a self-service storage facility means any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-18 TRESPASSING ON RAILROAD PROPERTY.

It shall be unlawful for any person, without the consent of the owner or the owner's agent, to enter or remain on railroad property, knowing that it is railroad property.
Subsection "A" shall not be construed to interfere with the lawful use of a public or private crossing.
Nothing in this Section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. 151 et seq.) and other federal labor laws.

*K.S.A. 21-3761*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-C-19 MISUSE OF PUBLIC FUNDS.

It shall be unlawful for any person to knowingly use, lend or permit another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position
As used in this section, "public money" means any money or negotiable instrument which belongs to the City, the State of Kansas or any political subdivision thereof.
Violation of this Section where the aggregate amount of money paid or claimed is less than $1,000, shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Article 3-9-D OFFENSES AFFECTING ADMINISTRATION OF JUSTICE

Sections:

3-9-D-1 FALSELY REPORTING AN OFFENSE.
3-9-D-2 IMPERSONATING LAW ENFORCEMENT OFFICERS.
3-9-D-3 OBSTRUCTING, RESISTING, INTERFERING WITH OFFICIALS.
3-9-D-4 BATTERY AGAINST LAW ENFORCEMENT OFFICERS.
3-9-D-5 ESCAPE FROM CUSTODY.
3-9-D-6 FAILURE TO APPEAR.
3-9-D-7 FALSE SIGNING.
3-9-D-8 UNLAWFUL FAILURE TO REPORT A WOUND.
3-9-D-9 FALSE IMPERSONATION.
3-9-D-10 ASSAULT OF A LAW ENFORCEMENT OFFICER.
3-9-D-11 SURETY OR AGENT THEREOF; NOTICE AND DISQUALIFICATION; REQUIREMENTS.

Section 3-9-D-1 FALSELY REPORTING AN OFFENSE.

Falsely reporting an offense is informing a law enforcement officer that an offense has been committed, knowing that such information is false and intending that the officer shall act in reliance upon such false information.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3818; see Sections 3-1-B-2 and 3-9-E-11 of this Title.*

Section 3-9-D-2 IMPERSONATING LAW ENFORCEMENT OFFICERS.

It shall be unlawful for any person who engages in a business for hire which provides protective services or any person to:

Use, operate or display any motor vehicle which is painted in such a manner as to resemble police vehicles operated by the Lenexa Police Department or any other Federal, State, County or Municipal law enforcement agency.
Display on any motor vehicle any insignia or markings which are similar to or designed to give the impression that they are in any way connected with the Lenexa Police Department or any other Federal, State, County or Municipal law enforcement agency.
Display on a motor vehicle or to operate a motor vehicle with any insignia or markings which bear the word Police, unless such person is a commissioned Federal, State, County or Municipal law enforcement officer or employee thereof.

*See Section 2-9-B-2 of this Code.*

Section 3-9-D-3 OBSTRUCTING, RESISTING, INTERFERING WITH OFFICIALS.

Obstructing And Resisting An Officer: Obstructing and resisting an officer is knowingly and intentionally, in any way or manner, hindering, obstructing, molesting, resisting or otherwise interfering with any City officer or inspector engaged in the discharge of his official duties.
Repealed by Ord. 4872.
Resisting Arrest: Resisting arrest is knowingly and intentionally, in any way or manner, resisting, opposing or interfering with a law enforcement officer while such officer is engaged in making, or attempting to make, an arrest.
Obstructing Legal Process Or Official Duty: Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting, opposing or interfering with any person authorized by law 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, or in the discharge of any official duty.*

Obstructing Legal Process or Official Duty includes, but is not limited to, knowingly and intentionally giving false information to any law enforcement officer with the intent of concealing the actual identity, age, date of birth, or other identifying information of the person about whom the law enforcement officer seeks the information, and with the intent that a law enforcement officer shall act in reliance upon such information.

*K.S.A. 21-3808.*
Interference; Administration Of Justice:**
1. Interference with the administration of justice is communicating in any manner a threat of violence to any judicial officer or any prosecuting attorney or harassing a judicial officer or a prosecuting attorney by repeated vituperative communication, or picketing, parading or demonstrating in or near a building housing a judicial officer or a prosecuting attorney or near such officer’s or prosecuting attorney’s residence or place of abode, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecuting attorney on any matter then pending before the officer or prosecuting attorney.
2. Nothing in this Section shall limit or prevent the exercise by any court of this State or its power to punish for contempt.
3. As used in this Section, "prosecuting attorney" has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.
  
  **K.S.A. 21-3816**
Unlawful Interference With Firefighter: Unlawful interference with a firefighter is knowingly and intentionally interfering with, molesting or assaulting, any firefighter while engaged in the performance of such firefighter’s duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any firefighter to reach the location of a fire.*

*K.S.A. 21-3416.*
Tampering With Public Record: Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record.**

**K.S.A. 21-3821.**
Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-D-4 BATTERY AGAINST LAW ENFORCEMENT OFFICERS.

Battery against a law enforcement officer is a battery, as defined in Section 3-9-B-2-B of this Chapter, committed against a uniformed or properly identified State, County or City law enforcement officer other than a correctional officer or employee, while such officer is engaged in the performance of his duty.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3413.*

Section 3-9-D-5 ESCAPE FROM CUSTODY.

Escape from custody is escaping while held in lawful custody on a charge or conviction of a public offense.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3809.*

Section 3-9-D-6 FAILURE TO APPEAR.

Failure to appear is wilfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days following the date of such forfeiture by one who is charged with a public offense, has been released on bond for appearance before the Municipal Court of this City for trial or other proceeding prior to conviction or wilfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days after his conviction of a public offense has become final by one who has been released on an appearance bond by any court. Any person who is released upon his own recognizance, without surety, or who fails to appear in response to a summons or traffic citation shall be deemed a person released on bond for appearance within the meaning of this Section. The provisions of this Section shall not apply to any person who forfeits a cash bond supplied pursuant to law or City ordinance upon an arrest for a traffic offense.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3813.*

Section 3-9-D-7 FALSE SIGNING.

False signing is the affixing of any fictitious or unauthorized signature to any application, petition, memorial or remonstrance intended to be presented to the City Council or any agency or officer of this City.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3823.*

Section 3-9-D-8 UNLAWFUL FAILURE TO REPORT A WOUND.

Unlawful failure to report a wound is the failure by an attending physician or other person to report his treatment of any wound, described hereafter, to the Police Department:

Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or
Any wound which is likely to or may result in death and is apparently inflicted by a knife, icepick or other sharp or pointed instrument.*

Violation of this Section shall constitute a public offense and punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4213.*

Section 3-9-D-9 FALSE IMPERSONATION.

It shall be unlawful for any person to falsely impersonate or represent one's self to be:

A public officer; or
An employee of the City; or
A person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the State, with knowledge that such presentation is false.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-D-10 ASSAULT OF A LAW ENFORCEMENT OFFICER.

Assault of a law enforcement officer is an assault, as defined in Section 3-9-B-1 of this Chapter, committed against a uniformed or properly identified State, County, or City law enforcement officer while such officer is engaged in the performance of such officer's duty.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3409.*

Section 3-9-D-11 SURETY OR AGENT THEREOF; NOTICE AND DISQUALIFICATION; REQUIREMENTS.

Definitions as used in this Section:
1. "Surety" means a person or commercial surety, other than a defendant in a criminal proceeding, who guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond;
2. "Agent of a surety" means a person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement.
Any surety or agent of a surety, commonly referred to as a "bounty hunter," who intends to apprehend any person in this City pursuant to K.S.A. 22-2809 and amendments thereto, or under similar authority from any other state, shall inform law enforcement authorities in the city or county in which such surety or agent of a surety intends such apprehension, before attempting such apprehension. The surety or agent of a surety shall present to the local law enforcement authorities a certified copy of the bond, a valid government-issued photo identification, written appointment of agency, if not the actual surety, and all other appropriate paperwork identifying the principal and the person to be apprehended before attempting such apprehension. Local law enforcement may, but are not obligated to, accompany the surety or agent of a surety.
No person who, within the past 10 years, has been convicted of a person felony, in any jurisdiction, may act as a surety or as an agent of a surety.
A first conviction for a violation of this Section is a public offense and is punishable as set forth in Section 1-1-C-3 of this Code.*

*See K.S.A. 22-2809a concerning second or subsequent violations.*

Article 3-9-E OFFENSES AFFECTING PUBLIC PEACE, HEALTH AND SAFETY

Sections:

3-9-E-1 ATTEMPT TO COMMIT A PUBLIC OFFENSE.
3-9-E-2 CONSPIRACY TO COMMIT A PUBLIC OFFENSE.
3-9-E-3 DISTURBING THE PEACE.
3-9-E-4 DISORDERLY CONDUCT.
3-9-E-5 UNLAWFUL ASSEMBLIES.
3-9-E-6 RIOT.
3-9-E-7 MAINTAINING A PUBLIC NUISANCE.
3-9-E-8 RESIDENTIAL PICKETING. (Rep. Ord. 4856, 6/8/2006)
3-9-E-9 PARK HOURS.
3-9-E-10 LOITERING.
3-9-E-11 GIVING A FALSE ALARM.
3-9-E-12 CRIMINAL USE OF NOXIOUS MATTER.
3-9-E-13 UNLAWFUL POSSESSION OF A CAUSTIC.
3-9-E-14 INTERFERENCE WITH PUBLIC BUSINESS IN PUBLIC BUILDING.
3-9-E-15 MISLEADING REAL ESTATE ADVERTISEMENTS.
3-9-E-16 URINATING OR DEFECATING IN PUBLIC.
3-9-E-17 THROWING OBJECTS FROM A BRIDGE OR OVERPASS.

Section 3-9-E-1 ATTEMPT TO COMMIT A PUBLIC OFFENSE.

An attempt to commit any public offense is any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense.
It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the offense was not possible.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3301.*

Section 3-9-E-2 CONSPIRACY TO COMMIT A PUBLIC OFFENSE.

A conspiracy to commit a public offense is an agreement with another person to commit an offense made unlawful by this Code or to assist in committing an offense made unlawful by this Code. No person may be convicted of a conspiracy, unless an overt act in the furtherance of such conspiracy is alleged and proved to have been committed by him or by a co-conspirator.
It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy and communicated the fact of such withdrawal to one or more of his co-conspirators before any overt act in furtherance of the conspiracy has been committed by the accused or by a co-conspirator.*

*K.S.A. 21-3302.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-E-3 DISTURBING THE PEACE.

Elements of Disturbing the Peace: It shall be unlawful for any person to:
1. Make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise in such manner as to annoy, offend, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of normal auditory sensitivity residing in the area.
2. 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 any reasonable person of normal auditory sensitivity inhabiting the area.
3. Congregate because of, participate in or be in any party or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of any reasonable person of normal auditory sensitivity residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party or gathering 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 the dwelling unit to immediately disperse in lieu of being charged under this Section.
Prima Facie Violation: The operation of any tool, equipment, vehicle, electronic device, set, instrument, television, phonograph, machine or other noise- or sound-producing device at any time in such a manner as to be plainly audible across a property boundary line in a residential area, or for fifty feet (50') or more in the case of a multiple-family dwelling, between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. shall be prima facie evidence of a violation of this Section.
Exceptions: The following shall not be considered to be violations of this Section:
1. Sound from law enforcement motor vehicles and other emergency motor vehicles (as defined in Section 4-1-C-4-E-1) including, but not limited to, snow-clearing equipment;
2. Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened;
3. Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit that specifically allows the sound from any department, board or commission of the City authorized to issue a license or permit; and
4. Sound from the operation of emergency generators used in emergency situations when electricity from the grid is unavailable.

Section 3-9-E-4 DISORDERLY CONDUCT.

Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:

Engaging in brawling or fighting; or
Disturbing an assembly, meeting or procession, not unlawful in its character; or
Using offensive, obscene or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4101.*

Section 3-9-E-5 UNLAWFUL ASSEMBLIES.

A. Unlawful Assembly Described: Unlawful assembly is the meeting or coming together of not less than five (5) persons for the purpose of engaging in conduct constituting either disorderly conduct, as defined by Section 3-9-E-4 of this Article, or a riot, as defined by Section 3-9-E-6 of this Article, or when in a lawful assembly of not less than five (5) persons, agreeing to engage in such conduct.*

*K.S.A. 21-4102.*
B. Remaining at Unlawful Assembly: Remaining at an unlawful assembly is wilfully failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer.**

**K.S.A. 21-4103.**

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-E-6 RIOT.

Riot is any use of force or violence which produces a breach of the public peace or any threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution, by five (5) or more persons acting together and without authority of law.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4104.*

Section 3-9-E-7 MAINTAINING A PUBLIC NUISANCE.

Maintaining a public nuisance is the doing of an act, or failure to perform a legal duty, thereby intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.*

Violation of this Section shall constitute a public offense and punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4106.*

Section 3-9-E-8 RESIDENTIAL PICKETING. (Rep. Ord. 4856, 6/8/2006)

Section 3-9-E-9 PARK HOURS.

All parks owned and operated by the City shall be closed for use by the public between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M.
1. However, parks may be closed temporarily or hours open to the public extended temporarily in cases of emergency, adverse weather conditions, as determined and ordered by the Parks and Recreation Director.
2. It shall be unlawful for any person to remain in a park which is owned and operated by the City during the time in which that park is closed to the public.
No person shall park or store any automobile, vehicle, farm or construction machinery, recreational vehicle, truck or trailer in any City-owned and operated park after the official closing time for the park or before the official opening time for the park.
The provisions of this Section shall not apply for the duration of any City-sponsored event in the park where it is being held.
Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-E-10 LOITERING.

Loitering is loafing, wandering, standing or remaining idle, either alone or in concert with others, in a public place in such a manner as to:

Obstruct any public street, public highway, public sidewalk or public building or any other place of public access by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
Obstruct or interfere with the free and uninterrupted use, ingress, egress or regress of any property or with any business lawfully conducted by anyone in or upon or facing or fronting any public street, public highway, public sidewalk or public building or any other place of public access.
When any person causes or commits any of the conditions enumerated in this Section, a law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse in lieu of being charged under this Section.

Section 3-9-E-11 GIVING A FALSE ALARM.

The giving of a false alarm is:

Initiating or circulating a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is baseless and under such circumstances that is likely to cause evacuation of a building, place of assembly or facility of public transport or to cause public inconvenience or alarm;
Transmitting in any manner to the Fire Department of any city, township or other municipality a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
Making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K.S.A. 12-5301 through 12-5304, and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed.**

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*See also Sections 3-1-B-2 and 3-9-D-1 of this Title.*

**K.S.A. 21-4110.**

Section 3-9-E-12 CRIMINAL USE OF NOXIOUS MATTER.

Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with the intent to use such matter for an unlawful purpose or the use of such matter to the injury of persons or property or the placing or depositing of such matter upon or about the premises of another person without the consent of such person.*

*K.S.A. 21-3733.*

Section 3-9-E-13 UNLAWFUL POSSESSION OF A CAUSTIC.

Unlawful possession of a caustic is the wilful possession, transportation, use or throwing of any acid or other chemical material or substance which causes or could cause damage or injury to property or persons with the intent to cause such damage or injury.

Section 3-9-E-14 INTERFERENCE WITH PUBLIC BUSINESS IN PUBLIC BUILDING.

Interference with public business in public buildings is:

Conduct at or in any public building owned, operated or controlled by the State or any of its political subdivisions so as to willfully deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, to use the facilities or to leave any such public building.
Willfully impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof.
Willfully refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer charged with maintaining order in such public building, if such person is committing, threatens to commit or incites others to commit any act which did or would, if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in such public building.
Willfully impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session.
Willfully impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3828.*

Section 3-9-E-15 MISLEADING REAL ESTATE ADVERTISEMENTS.

Misleading real estate advertisement is the placement of an advertisement or sign which recites that real property is zoned for land uses or will be zoned for land uses in the future under the zoning rules and regulations of the City* when, in fact, such real estate is not so zoned, and there is no assurance from the City at the time of such advertisement or placement that such future zoning use will occur, and such person has knowledge of such facts.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*See Title 4, Chapter 1 of this Code.*

Section 3-9-E-16 URINATING OR DEFECATING IN PUBLIC.

No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building, public property, private parking lot or in any place open to the public or exposed to public view. This Section shall not apply to urination or defecation utilizing appropriate fixtures in any rest room or other facility designed for the sanitary disposal of human waste.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-E-17 THROWING OBJECTS FROM A BRIDGE OR OVERPASS.

Any person who willfully throws, pushes, pitches or otherwise casts any rock, stone or other object, matter or thing from a bridge or overpass onto a street, roadway, highway, railroad right-of-way or upon any vehicle, engine or car thereon is guilty of a public offense.
Any person violating subsection A of this Section shall be guilty of committing a public offense and shall be punished pursuant to Article J of this Chapter.*

*K.S.A. 21-3742.*

Article 3-9-F OFFENSES AFFECTING PUBLIC MORALS

Sections:

3-9-F-1 LEWD AND LASCIVIOUS BEHAVIOR.
3-9-F-2 INDECENT SOLICITATION OF A CHILD. (Rep. Ord. 5032)
3-9-F-3 OBSCENITY.
3-9-F-4 PROSTITUTION AND RELATED OFFENSES.
3-9-F-5 SODOMY.
3-9-F-6 DESECRATING A DEAD BODY.
3-9-F-7 ENCOURAGING JUVENILE MISCONDUCT.
3-9-F-8 OFFENSES RELATED TO GAMBLING.
3-9-F-9 PUBLIC INDECENCY.

Section 3-9-F-1 LEWD AND LASCIVIOUS BEHAVIOR.

Lewd and lascivious behavior is:

Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
Publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with the intent to arouse or gratify the sexual desires of the offender or another.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3508.*

Section 3-9-F-2 INDECENT SOLICITATION OF A CHILD. (Rep. Ord. 5032)

Section 3-9-F-3 OBSCENITY.

Promoting Obscenity:
1. Promoting obscenity is knowingly or recklessly:
  1. Manufacturing, issuing, selling, giving, providing, lending, mailing, delivering, transmitting, publishing, distributing, circulating, disseminating, presenting, exhibiting or advertising any obscene material; or
  2. Possessing any obscene material with the intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material; or
  3. Offering or agreeing to manufacture, issue, sell, give, provide, lend, mail, deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material; or
  4. Producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.
2. Evidence that materials were promoted to emphasize their prurient appeal or sexually provocative aspect shall be relevant in determining the question of the obscenity of such materials and shall create a presumption that the person promoting the same did so knowingly or recklessly.
3. It is a defense to a prosecution for obscenity that the persons to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of person or institutions having scientific, educational, governmental or other similar justification for possessing or viewing the same. (1984 Code §13-1017.8)
Promoting Obscenity to Minors:
1. Promoting obscenity to minors is promoting obscenity, as defined in subsection A of this Section, where the recipient of the obscene material or a member of the audience of an obscene performance is a child under the age of eighteen (18) years.
2. Notwithstanding the provisions of K.S.A. 21-3202, as amended, and subsection A of this Section, to the contrary, it shall be an affirmative defense to any prosecution under this subsection that:
  1. The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official document purporting to establish that such minor was eighteen (18) years old or more; or
  2. The allegedly obscene material was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as a part of or incident to an approved course or program.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-F-4 PROSTITUTION AND RELATED OFFENSES.

Prostitution: Prostitution is performing for hire, or offering or agreeing to perform for hire, where there is an exchange of value, any of the following acts:
1. Sexual intercourse;
2. Sodomy; or
3. Manual, or other bodily contact, stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.*
  
  *K.S.A. 21-3512.*
Promoting Prostitution: Promoting prostitution is:
1. Establishing, owning, maintaining or managing a house of prostitution or participating in the establishment, ownership, maintenance or management thereof.
2. Permitting any place, partially or wholly owned or controlled by the defendant, to be used as a house of prostitution.
3. Procuring a prostitute for a house of prostitution.
4. Inducing another to become a prostitute.
5. Soliciting a patron for a prostitute or for a house of prostitution.
6. Procuring a prostitute for a patron.
7. Procuring transportation or paying for the transportation of, or transporting a person within this City with the intention of assisting or promoting that person's engaging in prostitution.
8. Being employed to perform any act which is prohibited by this subsection.*
  
  *K.S.A. 21-3513.*
Patronizing a Prostitute: Patronizing a prostitute is either:
1. Knowingly entering or remaining in a house of prostitution with the intent to engage in sexual intercourse, sodomy or any unlawful sexual act with a prostitute; or
2. Knowingly hiring a prostitute to engage in sexual intercourse, sodomy or any unlawful sexual act.***
  
  ***K.S.A. 21-3515.***

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-F-5 SODOMY.

Sodomy is oral or anal copulation between persons who are not husband and wife or consenting adult members of the opposite sex or between a person and an animal or coitus with an animal. Any penetration, however slight, is sufficient to complete the public offense of sodomy.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-3505.*

Section 3-9-F-6 DESECRATING A DEAD BODY.

Desecrating a dead body is knowingly and without authorization of law:

Opening a grave or other place of internment or sepulcher with the intent to remove the dead body or remains of any human being or any coffin, vestment or other article interred with such body; or
Removing the dead body or remains of any human being or the coffin, vestment or other article interred with such body from the grave or other place of interment or sepulcher; or
Receiving the dead body or remains of any human being knowing the same to have been disinterred unlawfully.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

*K.S.A. 21-4112.*

Section 3-9-F-7 ENCOURAGING JUVENILE MISCONDUCT.

Encouraging juvenile misconduct is knowingly:

Encouraging any person subject to the Kansas Juvenile Code to violate any law of the State or ordinance of this City; or
Causing or permitting any person subject to the Kansas Juvenile Code to be or remain in any house of prostitution or any room or place where intoxicating liquor is unlawfully kept, possessed, sold or bartered or any gambling place.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-F-8 OFFENSES RELATED TO GAMBLING.

Permitting Premises to be Used for Commercial Gambling: Permitting premises to be used for commercial gambling is intentionally:
1. Granting the use or allowing the continued use of a place as a gambling place.*
  
  *See Section 3-9-K-8 of this Chapter for definition.*
2. Permitting another to set up a gambling device for use in a place under the offender's control.**
  
  **K.S.A. 21-4305.**
3. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
Possession of a Gambling Device:
1. Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee or otherwise, of any gambling device.
2. It shall be a defense to a prosecution under this subsection that the gambling device is an antique slot machine, and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.*
  
  *K.S.A. 21-4307.*
3. It shall be a defense to a prosecution under this subsection that the gambling device is possessed or under custody or control of a manufacturer registered under the Federal Gambling Devices Act of 1962 (15 USC 1171 et seq.) or a transporter under contract with such manufacturer with the intent to transfer for use:
  1. By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas Lottery Commission;
  2. By a licensee of the Kansas Racing Commission as authorized by law and rules and regulations adopted by the Commission; or
  3. In a state other than the State of Kansas.*
    
    *K.S.A. 21-4307.*

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-F-9 PUBLIC INDECENCY.

Any person who knowingly or intentionally, in a public place:

Engages in sexual intercourse;
Engages in deviate sexual conduct;
Appears in a state of nudity; or
Fondles the genitals of himself or another person;

commits public indecency.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Article 3-9-G OFFENSES INVOLVING LIQUOR

Sections:

3-9-G-1 CEREAL MALT BEVERAGES.
3-9-G-2 ALCOHOLIC LIQUOR.
3-9-G-3 MINORS.
3-9-G-4 UNLAWFULLY HOSTING MINORS.

Section 3-9-G-1 CEREAL MALT BEVERAGES.

*See Section 2-6-E-1 and 2-6-E-2 of this Code for definitions*

Drinking In Public Places:
1. Prohibited. Except as allowed pursuant to Section 2-6-A-9 and as otherwise provided herein, it shall be unlawful for any person to drink or consume cereal malt beverages, or possess an open container of cereal malt beverage, on any public property including public parks, buildings, parking lots, sidewalks, streets, alleys, roads or highways, or while inside a vehicle on any such public property. For purposes of this Section, "open container" shall mean an open package or container, the seal of which has been broken and the original cap, cork, seal or other means of closure has been opened or removed.
2. Exemptions:
  1. The provisions of subsection A-1 shall not apply to the possession or consumption of cereal malt beverages upon real property leased by the City to others under the provisions of K.S.A. 12-1740 through 12-1749d, as amended. This provision does not prohibit the Lessee of any such property from establishing its own policies regarding cereal malt beverages.
  2. The City may exempt, by ordinance, specified property, title of which is vested in the City from the provisions of subsection A-1. The City hereby expressly exempts the following described properties, and permits the possession or consumption of cereal malt beverages thereon, subject to the listed conditions:
    1. City of Lenexa Parks: with an approved cereal malt beverage permit as provided in subsection A-3 below, and in compliance with all applicable laws, policies, rules and regulations.
    2. During the following City events held on City property: The Great Lenexa Barbeque Battle, Lenexa Chili Challenge, and Lenexa Spinach Festival.
3. Cereal Malt Beverage Permit:
  1. Any resident of the City desiring to secure a cereal malt beverage permit pursuant to subsection A-2-b-1 of this Section shall make written application to the Parks and Recreation Department on a form provided by the City, and pay a non-refundable application fee as adopted by ordinance, resolution, or as otherwise permitted. The application shall include the name, address and phone number of the applicant; the name of any associated group, organization or business; the date, time, duration, location and a brief description of the proposed function; and any other information required by the City.
  2. Cereal malt beverage permits shall be reviewed and approved in the sole discretion of the Parks and Recreation Director, or designee. In determining whether to issue a permit, the Parks and Recreation Director may consider, but shall not be limited to the following:
    1. Whether the applicant or any associated group, organization or business has previously had a City cereal malt beverage or alcoholic liquor permit for a function, and the activity associated with that function resulted in a violation of the permit, a public offense, damage to City property, or other detrimental result.
    2. Whether the function may be contrary to the public health, safety or welfare in any manner, or would interfere with a person's peaceful enjoyment of the park or surrounding area.
  3. Any applicant granted a cereal malt beverage permit must remain at the location of the function for which the permit was granted for the full duration thereof, and must have a copy of the permit in his or her possession at all times.
Sale; Temporary License Required: No person shall sell or offer for sale any cereal malt beverages on public property where cereal malt beverages are permitted pursuant to this Section, without first obtaining a temporary cereal malt beverage license from the City pursuant to Section 2-6-A-9 of this Code.
Penalty: Violation of any part of this Section shall constitute a public offense and is punishable by a fine of not less than $50 and not more than $200, or imprisonment not exceeding six months, or both. Nothing in this Section shall be deemed to preclude any police officer, City Parks and Recreation Staff member, or other authorized person from entering orders to assist in the enforcement of this Section, including but not limited to expulsion from the property and/or disposal or seizure of any cereal malt beverages or alcoholic liquor. Such orders may be in addition to, and not in lieu of, any prosecution under this Code.

Section 3-9-G-2 ALCOHOLIC LIQUOR.

*See Section 2-6-E-1 and 2-6-E-2 of this Code for definitions.*

Drinking In Public Places:
1. Prohibited: Except as otherwise provided herein, it shall be unlawful for any person to drink or consume alcoholic liquor, or possess an open container of alcoholic liquor, on any public property including public parks, buildings, parking lots, sidewalks, streets, alleys, roads or highways, or while inside a vehicle on any such public property. For purposes of this Section, "open container" shall mean an open package or container, the seal of which has been broken and the original cap, cork, or other means of closure has been opened or removed.
2. Exemptions:
  1. The provisions of subsection A-1 shall not apply to the possession or consumption of alcoholic liquor upon real property leased by the City to others under the provisions of K.S.A. 12-1740 through 12-1749d, as amended. This provision does not prohibit the Lessee of any such property from establishing its own policies regarding alcoholic liquor.
  2. The City may exempt, by ordinance (pursuant to K.S.A. 41-719, as amended), specified property, title of which is vested in the City, from the provisions of subsection A-1. The City hereby expressly exempts the following described properties, and permits possession or consumption of alcoholic liquor thereon, subject to the listed conditions:
    1. Thompson House, 11180 Lackman Road. This exemption does not prohibit the Lessee of this property from establishing its own policies regarding alcoholic liquor on the premises.
    2. For private events: upon the following City properties with an approved alcoholic liquor permit as provided in subsection A-3 below, and in compliance with all applicable laws, policies, rules and regulations:
      1. Lenexa Conference Center, 11184 Lackman Road
      2. Lenexa Community Center, 13420 Oak Street
      3. Lenexa Senior Center, 13425 Walnut Street
      4. Black Hoof Park, 91st and Monticello
      5. Sar-Ko-Par Trails Park, 87th and Lackman
    3. For City sponsored/hosted events: upon any City property with the prior approval of the City Administrator.
    4. During the following City events held on City property: The Great Lenexa Barbeque Battle, Lenexa Chili Challenge, and Lenexa Spinach Festival.
3. Alcoholic Liquor Permit:
  1. Any person desiring to secure an alcoholic liquor permit pursuant to subsection A-2-b-2 of this Section shall make written application to the Parks and Recreation Department, on a form provided by the City, and pay a non-refundable application fee as adopted by ordinance, resolution, or as otherwise permitted. The application shall include the name, address and phone number of the applicant; the name of any associated group, organization or business; the date, time, duration, location and a brief description of the proposed function; and any other information required by the City.
  2. Alcoholic liquor permits shall be reviewed and approved in the sole discretion of the Parks and Recreation Director, or designee. In determining whether to issue a permit, the Parks and Recreation Director may consider, but shall not be limited to, the following:
    1. Whether the applicant or any associated group, organization or business has previously had a City cereal malt beverage or alcoholic liquor permit for a function, and the activity associated with that function resulted in a violation of the permit, a public offense, damage to City property, or other detrimental result.
    2. Whether the function may be contrary to the public health, safety or welfare in any manner, or would interfere with a person’s peaceful enjoyment of the park, facility, or surrounding area.
  3. Any applicant granted an alcoholic liquor permit must remain at the location of the function for which the permit was granted for the full duration thereof, and must have a copy of the permit in his or her possession at all times.
4. Alcoholic Liquor on Public Right-of-Way at Special Events: Alcoholic liquor may be consumed on public streets, alleys, roads, sidewalks or highways as part of a special event so long as a temporary permit for the sale of alcoholic liquor has been issued for such special event pursuant to K.S.A. 41-2645, and amendments thereto, and so long as the Governing Body has approved the special event by ordinance or resolution as required by K.S.A. 41-719, and amendments thereto. The Governing Body approval also must include authorization for the closure of any applicable streets, alleys, roads, or highways, upon which alcoholic liquor may be consumed, to motor vehicle traffic during the special event. The boundaries of any such event shall be clearly designated in any application for the special event and in any approval granted by the Governing Body. The boundaries of such special event shall be clearly marked by signs, a posted map, or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed. For purposes of this Section, “special event” means a picnic, bazaar, festival, or other similar community gathering as approved by the Governing Body. Said special event also may require compliance with Section 4-1-B-25 of this Code. Drinking establishments that are immediately adjacent to, or located within the premises of a special event for which a temporary permit has been issued and the consumption of alcoholic liquor on public property has been approved, may request from the state director of alcoholic beverage control that the drinking establishment’s licensed premises be extended into and made a part of the licensed premises of the special event for the duration of the temporary permit issued for such special event.
  1. Special Event Violations.

No alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any special event covered by subsection A-4.
No person shall remove any alcoholic liquor from inside the boundaries of the special event, so long as the boundaries are clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such special event.
No person shall possess or consume alcoholic liquor inside the premises licensed as a special event that was not sold or provided by the licensee holding the temporary permit for such special event, or by a drinking establishment whose premises have been extended into and made a part of the licensed premises.

Sale; State Permit Required: No person shall sell or offer for sale any alcoholic liquor on public property where alcoholic liquor is permitted pursuant to this Section, without first obtaining from the State of Kansas, Division of Alcoholic Beverage Control (ABC) any and all necessary permits or licenses authorizing such sale.
Drinking on Private Property: No person shall drink or consume alcoholic liquor on private property except as follows:
1. on premises where the sale of liquor by the individual drink is authorized by the club and drinking establishment act, K.S.A. 41-2601 et seq.;
2. upon private property by a person occupying such property as an owner or lessee of an owner and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
3. in a lodging room of any hotel, motel or boarding house by the person occupying such room and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
4. in a private dining room of a hotel, motel or restaurant, if the dining room is rented or made available on a special occasion to an individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place; or
5. on the premises of a microbrewery or farm winery, if authorized by state law.
Penalty: Violation of any part of subsection A or C shall constitute a public offense and is punishable by a fine of not less than $50 and not more than $200, or imprisonment not exceeding six months, or both. Violation of subsection B shall constitute a public offense and is punishable by a fine of not more than $500, or imprisonment not exceeding six months, or both. Nothing in this Section shall be deemed to preclude any police officer, City Parks and Recreation staff member, or other authorized person from entering orders to assist in the enforcement of this Section, including but not limited to expulsion from the property and/or disposal or seizure of any cereal malt beverages or alcoholic liquor. Such orders may be in addition to, and not in lieu of, any prosecution under this Code.

Section 3-9-G-3 MINORS.

Purchase, Consumption or Possession of Alcoholic Liquor or Cereal Malt Beverage* by a Minor:

*See 2-6-E-1 and 2-6-E-2 for definitions*
1. Except with regard to serving alcoholic liquor or cereal malt beverages as is permitted elsewhere in the City Code or by state law, no person under 21 years of age shall possess, consume, obtain, purchase, or attempt to obtain or purchase alcoholic liquor or cereal malt beverage, or have measurable blood, breath, or urine alcohol concentration in such person's body.
2. In addition to any other penalty provided for a violation of this subsection:
  1. the Court may order the offender to do either or both of the following:
    1. Perform 40 hours of public service.
    2. Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.
  2. Upon a first conviction of a violation of this subsection, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days, whether or not that person has a driver's license.
  3. Upon a second conviction of a violation of this subsection, the court shall order the division of vehicles to suspend the driving privilege of such offender for 90 days, whether or not that person has a driver's license.
  4. Upon a third or subsequent conviction of a violation of this subsection, the court shall order the division of vehicles to suspend the driving privilege of such offender for one year, whether or not that person has a driver's license.
3. This subsection shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.
4. Violation of this subsection by a person 18 or more years of age but less than 21 years of age shall constitute a public offense and is punishable by a fine of not less than $200.00 and not more than $500.00 or imprisonment not exceeding six months, or both such fine and imprisonment.
5. 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 an arrest should be made for violation of this Section. A law enforcement officer may arrest 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, and shall establish a rebuttable presumption 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.
Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor:
1. It shall be unlawful for any person to directly or indirectly sell to, buy for, give, or furnish any alcoholic liquor or cereal malt beverage to any person under 21 years of age.
2. This subsection 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 parent or ward's legal guardian.
3. It shall be a defense to a prosecution under this subsection if:
  1. The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof; and
  2. The defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and
  3. To purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage. (K.S.A. 21-3610).
4. Violation of this subsection shall constitute a public offense for which the minimum fine is $200.00, and is otherwise punishable as set forth in Article J of this Chapter.

Section 3-9-G-4 UNLAWFULLY HOSTING MINORS.

It shall be unlawful for any person to intentionally or recklessly permit their 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 possession or consumption therein of alcoholic liquor or cereal malt beverages by persons under the age of 21.
Violation of this Section shall constitute a public offense for which the minimum fine is $1000.00, and is otherwise punishable as set forth in Article J of this Chapter.

Article 3-9-H OFFENSES INVOLVING DRUGS AND DRUG PARAPHERNALIA

Sections:

3-9-H-1 DRUGS.
3-9-H-2 SIMULATED CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA.
3-9-H-3 UNLAWFUL ADMINISTRATION OF A SUBSTANCE.
3-9-H-4 TRAFFICKING IN COUNTERFEIT DRUGS.
3-9-H-5 ABUSING TOXIC VAPORS.

Section 3-9-H-1 DRUGS.

Prohibited Acts: It shall be unlawful for any person to:
1. Possess, or have under his control any drug or controlled substance, unless:
  1. Such drug or controlled substance is delivered by a pharmacist, or his authorized agent, in good faith upon prescription, and there is affixed to the immediate container in which such drug is delivered a label bearing the name and address of the owner of the establishment from which such drug was delivered, the date on which the prescription for such drugs was filled, the number of the prescription as filed in the prescription files of the pharmacist who filled such prescription, the name of the practitioner who prescribed such drug, the name and address of the patient and, if such drug was prescribed for an animal, a statement showing the species of the animal, and the direction for use of the drug and cautionary statements, if any, as contained in the prescription; and
  2. In the event that such delivery is pursuant to telephonic order, such prescription shall be promptly reduced to writing and filed by the pharmacist; or
  3. Such drug or controlled substance is delivered by a practitioner in good faith and in the course of his professional practice only.
2. Refill any prescription for a drug, unless such refilling is specifically authorized by the prescriber.
3. Fail to keep the records required by subsection C of this Section.*
  
  *K.S.A. 65-4121.*
4. Possess, or have under such persons control, a drug, unless such person obtained such drug on the prescription of a practitioner or in accordance with subsection A1c above or from a person licensed by the laws of any other state or the District of Columbia to prescribe or dispense drugs.**
  
  **K.S.A. 21-36a08.**
5. Refuse to make available and to accord full opportunity to check any record, file, stock or inventory as required by subsection C of this Section.***
  
  ***K.S.A. 65-4131.***
6. Use to his own advantage, or to reveal other than to a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs or to a court when relevant in a judicial proceeding, any information acquired under the authority of this Section concerning any method or process which, as a trade secret, is entitled to protection.
7. Obtain or attempt to obtain a drug by fraud, deceit, misrepresentation or subterfuge; or by the forgery or alteration of a prescription; or by the use of a false name or the giving of a false address.*
  
  *K.S.A. 21-36a08.*
8. Repealed by Ord. No. 4960.
Exemptions From Provisions:
1. The provisions of subsections A1 and A4 of this Section shall not be applicable to the delivery of drugs for medical or scientific purposes only to persons included in any of the classes hereinafter named or to the agents or employees of such persons for use in the usual course of their business or practice or in the performance of their official duties, as the case may be or to the possession of drugs by such persons or their agents or employees for such use.
  
  Exempt classes of persons are as follows:
  1. Pharmacists.
  2. Practitioners.
  3. Persons who procure drugs for:
    1. Disposition by or under the supervision of pharmacists or practitioners employed by them; or
    2. The purpose of lawful research, teaching or testing and not for resale.
  4. Hospitals and other institutions which procure drugs for lawful administration by or under the supervision of practitioners.
  5. Manufacturers and wholesalers.
  6. Carriers and warehousemen.
2. Nothing contained in subsection A of this Section shall make it unlawful for a public officer, agent or employee or a person aiding such officer in performing his official duties to possess, obtain or attempt to obtain a drug for the purpose of enforcing the provisions of any law of this State or of the United States relating to the regulation of the handling, sale or distribution of drugs.
3. Nothing in this Section shall apply to a compound, mixture or preparation containing a drug which is sold in good faith for the purpose for which it is intended and not for the purpose of evading the provisions of this Section, if such compound, mixture or preparation contains a sufficient quantity of another therapeutic agent, in addition to such a drug, to cause it to prevent the ingestion of a sufficient amount of drug to cause a dangerous hypnotic somnifacient or stimulating action.
Records and Inventories Required:
1. Persons (other than carriers) to whom the exemptions of subsection B of this Section are applicable shall maintain detailed, but not necessarily separate, records and inventories relating to drugs manufactured, purchased, sold, distributed and handled and retain all such records and inventories required by this subsection C1 for not less than two (2) calendar years after the date of the transaction shown by such record and inventory.
2. Pharmacists shall, in addition to complying with the provisions of subsection C1 of this Section, retain each prescription and written record of telephonic order for a drug filled by them for not less than two (2) calendar years immediately following the date of the filling or the date of the last refilling of such prescription, whichever is the later date.*
  
  *K.S.A. 65-4121.*
Access to Records; Inspection: Persons required by subsection C of this Section to keep files, inventories or records relating to drugs shall, upon the written request of a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs:
1. Make such files, inventories or records available to such officer or employee, at all reasonable hours, for inspection and copying; and
2. Accord to such officer or employee full opportunity to check the correctness of such files, inventories or records, including opportunity to make inventory of all stocks of drugs on hand.
Violation of this Subsection shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-H-2 SIMULATED CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA.

Use or Possession Unlawful: No person shall use or possess with the intent to use within this City:
1. Any simulated controlled substance.
2. Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act.
Delivery or Manufacture Unlawful:
1. No person shall sell, offer for sale, have in such person's possession with intent to sell, deliver, possess with the intent to deliver, manufacture with the intent to deliver or cause to be delivered within this City:
  1. Repealed by Ord. No. 4960.
  2. Any drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Section or the Uniform Controlled Substances Act.
2. No person shall knowingly deliver or cause to be delivered in this City any substance which is not a controlled substance:
  1. Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
  2. Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
3. If any one (1) of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
  1. The substance was packaged in a manner normally used for the illegal delivery of controlled substances.
  2. The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.
  3. The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
4. As used in this section, the term ‘‘or under circumstances where one reasonably should know’’ that an item will be used in violation of this section, shall include, but not be limited to, the following:
  1. Actual knowledge from prior experience or statements by customers;
  2. Inappropriate or impractical design for alleged legitimate use;
  3. Receipt of packaging material, advertising information or other manufacturer supplied information regarding the item’s use as drug paraphernalia; or
  4. receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.
Determining Whether an Object is Drug Paraphernalia: In determining whether an object is drug paraphernalia, a court shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or person in control of the object concerning its use.
2. Prior convictions, if any, of any owner or person in control of the object under any municipal, state or Federal law relating to any controlled substance.
3. The proximity of the object, in time and space, to a direct violation of this Article or the Uniform Controlled Substances Act.
4. The proximity of the object to controlled substances.
5. The existence of any residue of controlled substances on the object.
6. Direct or circumstantial evidence of the intent of an owner or person in control of the object to deliver it to a person the owner or person in control of the object knows, or should reasonably know, that intends to use the object to facilitate a violation of this Section or the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of this Section or the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
7. Oral or written instructions provided with the object concerning its use.
8. Descriptive material accompanying the object which explains or depicts its use.
9. National and local advertising concerning the object's use.
10. The manner in which the object is displayed for sale.
11. Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.
12. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning the object's use.
15. Any evidence that alleged paraphernalia can or had been used to store a controlled substance or to introduce a controlled substance into the human body as opposed to any legitimate use for alleged paraphernalia.
16. Advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, sale or cultivation of controlled substances.
Drug Paraphernalia Sale and Display Prohibited: It shall be unlawful for any person to sell, offer to sell, dispense, give away or display any instrument intended for use for inhaling or ingesting any controlled substance or drug in or upon any premises:
1. Which are in close proximity to a school.
2. Open to minors, unless the instruments are kept in such part of the premises that is not open to view by minors or to which minors do not have access; provided, however, that display of any such items at a place of display for educational or scientific purposes shall not be unlawful.
The fact that an item has not yet been used or did not contain a controlled substance or drug at the time it was seized as evidence shall not be a defense to a charge that the item was possessed with the intention for use as drug paraphernalia.
Violation and Penalty: A violation of any of the provisions contained in this Section shall be punished as provided in Section 1-1-C-3 of this Code.

Section 3-9-H-3 UNLAWFUL ADMINISTRATION OF A SUBSTANCE.

Unlawful administration of a substance is the intentional and knowing administration of a substance to another person without consent for the purpose of impairing such other person's physical or mental ability to appraise or control such person's conduct.
Unlawful administration of a substance means any method of causing the ingestion by another person of a controlled substance, including gamma hydroxybutyric acid or any controlled substance analog, as defined in K.S.A. 65-36a01, of gamma hydroxybutyric acid, into any food, beverage or other consumable that the person knows, or should know, would be consumed by such other person.
This Section shall not prohibit administration of any substance described in subsection B for lawful medical or therapeutic treatment. (K.S.A. Supp. 21-3445, as amended)

Violation of this Section shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-H-4 TRAFFICKING IN COUNTERFEIT DRUGS.

It shall be unlawful for any person to intentionally manufacture, distribute, dispense, sell, or deliver for consumption purposes, or hold or offer for sale, any counterfeit drug.
Nothing contained in subsection A of this Section shall make it unlawful for a public officer, agent or employee, or a person aiding such officer, agent or employee, in performing his or her official duties to possess, obtain or attempt to obtain a counterfeit drug for the purpose of enforcing the provisions of this law or any other law of this State or of the United States relating to the regulation of the handling, sale or distribution of counterfeit drugs.
A violation of this Section involving counterfeit drugs with a retail value of less than $500 shall constitute a public offense and is punishable as set forth in Article J of this Chapter.

Section 3-9-H-5 ABUSING TOXIC VAPORS.

It shall be unlawful to knowingly possess, buy, use, smell or inhale the fumes of toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system.
This Section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
For the purposes of this Section, the term "toxic vapors" means the following substances or products containing such substances:
1. Alcohols, including methyl, isopropyl, propyl or butyl;
2. Aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
3. Acetone;
4. Benzene;
5. Carbon tetrachloride;
6. Cyclohexane;
7. Freons, including freon 11 and freon 12;
8. Hexane;
9. Methyl ethyl ketone;
10. Methyl isobutyl ketone;
11. Naptha;
12. Perchlorethylene;
13. Toluene;
14. Trichloroethane;
15. Xylene;
16. Carbon Dioxide;
17. Nitrous Oxide;
18. Gasoline
In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection B as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.
Violation shall be a public offense and is punishable as provided in Section 1-1-C-3.

Article 3-9-I OFFENSES INVOLVING EXPLOSIVES AND WEAPONS

Sections:

3-9-I-1 UNLAWFUL USE OF WEAPONS.
3-9-I-2 UNLAWFUL DISCHARGE OF A FIREARM.
3-9-I-3 DEFACING IDENTIFICATION MARKS OF A FIREARM.
3-9-I-4 UNLAWFUL USE OF AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PROJECTILES; DEER HUNTING WITH BOW AND ARROW.
3-9-I-5 CARRYING CONCEALED EXPLOSIVES. (Rep. Ord. 4962, 6/19/2007)
3-9-I-6 MOLOTOV COCKTAILS. (Rep. Ord. 4962, 6/19/2007)
3-9-I-7 CONCEALED CARRY; PROHIBITIONS. (Rep. Ord. 4962, 6/19/2007)

Section 3-9-I-1 UNLAWFUL USE OF WEAPONS.

Unlawful use of weapons is knowingly:
1. Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star or any knife, commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement.
2. Carrying concealed on one's person, transporting within reach of an occupant of a motor vehicle, or possessing with intent to use the same unlawfully against another a stun gun, dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edged razor, stiletto, nunchaku, or any other dangerous or deadly weapon or instrument of like character; except, that an ordinary pocket knife with no blade more than four inches (4") in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument.
3. Carrying on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance.
4. Carrying any stun gun or firearm on one's person, whether concealed or not, except when the person is on his land, in his dwelling or in his fixed place of business, or unless such stun gun or firearm is unloaded and encased in a container which completely encloses the stun gun or firearm.
5. Carrying any firearm or other weapon into any jail, juvenile detention facility, courthouse, courtroom, city hall, or any other building owned or leased by any public governmental entity.
6. Transporting any stun gun or firearm in any air, land, or water vehicle, unless such stun gun or firearm is unloaded and encased in a container which completely encloses the stun gun or firearm.
7. Setting a spring gun.
Subsections A-1 through A-6 of this Section shall not apply to or affect any of the following:
1. Law enforcement officers or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2. Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
3. Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or
4. Manufacture of, transportation to, or sale of weapons to a person authorized under subsections B-1 thru B-3 above to possess such weapons.
Subsections A-4 and A-6 of this Section shall not apply to or affect the following:
1. Watchmen or private merchant police, while actually engaged in the performance of the duties of their employment;
2. Persons lawfully present at a lawfully operated gun club or National Guard Armory range;
3. Private detectives licensed by the State to carry the firearm involved, while actually engaged in the duties of their employment;
4. Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;
5. The State Fire Marshal, the State Fire Marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such Fire Marshal, Deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto;
6. Special Deputy Sheriffs, described in K.S.A. 19-827 and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto; or
7. Qualified retired law enforcement officers who are entitled to carry firearms pursuant to federal law.
Nothing in this Section that regulates, restricts or prohibits the carrying of concealed handguns, pistols, or revolvers shall be applicable to any person licensed in accordance with the Personal and Family Protection Act, K.S.A. 75-7c01, et seq.
Violation of this Section shall constitute a public offense and is punishable as set forth in Article 3-9-J of this Chapter. In addition to the penalty assessed for a violation of this Section, the Municipal Court Judge may order any weapon found or used in violation of this Section forfeited to the Lenexa Police Department.

Section 3-9-I-2 UNLAWFUL DISCHARGE OF A FIREARM.

It shall be unlawful for any person to fire or discharge a firearm within the City limits.
It shall be unlawful for any person to fire or discharge a weapon within the City limits, unless such person is lawfully engaged in hunting activity as provided in Section 3-9-I-4.
This Section shall not apply to the following:
1. Persons and circumstances as provided in Sections 3-9-I-1-B-1 through 3, and Sections 3-9-I-1-C-1 through 7, so long as the action is otherwise lawful.
2. Animal Control Officers, while in the performance of their official duty.
3. Private persons lawfully entitled to and acting within the protections of K.S.A. 21-3211, 21-3212, 21-3213, and 21-3216 and amendments thereto.
4. Other lawful activities, including but not limited to historical re-enactments, gun safety courses, honor guards, and starter pistols, so long as said activity is approved by the Chief of Police or his designee at least five (5) working days prior to the start of the activity. The Chief of Police or his designee shall have the authority to waive the five (5) day requirement for good cause shown.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article 3-9-J of this Chapter. In addition to the penalty assessed for a violation of this Section, the Municipal Court Judge may order any weapon used in violation of this Section forfeited to the Lenexa Police Department.

Section 3-9-I-3 DEFACING IDENTIFICATION MARKS OF A FIREARM.

It shall be unlawful to intentionally change, alter, remove, deface, or obliterate the name of the maker, model, manufacturer's number or other mark of identification of any firearm.
Possession of any firearm upon which any such mark shall have been changed, altered, removed, defaced, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, defaced, or obliterated the same.

Section 3-9-I-4 UNLAWFUL USE OF AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PROJECTILES; DEER HUNTING WITH BOW AND ARROW.

It shall be unlawful to discharge any air guns, air rifles, bows and arrows, slingshots, BB guns or projectiles within the City limits, except upon land with the consent of the landowner, which land is primarily rural or devoted to agriculture and contains an area fifteen (15) acres or more and done solely for target practice. "Target practice" is defined as the use of an air gun, air rifle, bow and arrow, slingshot, BB gun, or other projectile aimed at an inanimate object for the sole purpose of developing or enhancing the skill of the shooter. Such weapons shall not be discharged within two hundred feet (200') of a dwelling.
For purposes of paragraph "A" any person under eighteen (18) years of age must be accompanied by a person eighteen (18) years of age or older.
Hunting is prohibited within the City limits except as provided for as follows. The use of a bow and arrow is permitted to hunt deer within the City limits, so long as the person is hunting from an elevated shooting position on private land, which land is primarily rural or devoted to agriculture and contains an area of twenty (20) acres or more and with the consent of the landowner. Additionally, the person must comply with all State laws and Kansas Department of Wildlife and Parks rules and regulations relating to deer hunting.

Violation of this Section shall constitute a public offense and is punishable as set forth in Article 3-9-J of this Chapter. In addition to the penalty assessed for a violation of this Section, the Municipal Court Judge may order any item used in violation of this Section forfeited to the Lenexa Police Department.

Section 3-9-I-5 CARRYING CONCEALED EXPLOSIVES. (Rep. Ord. 4962, 6/19/2007)

Section 3-9-I-6 MOLOTOV COCKTAILS. (Rep. Ord. 4962, 6/19/2007)

Section 3-9-I-7 CONCEALED CARRY; PROHIBITIONS. (Rep. Ord. 4962, 6/19/2007)

Article 3-9-J PENALTY FOR VIOLATIONS

Sections:

3-9-J-1 PENALTIES.

Section 3-9-J-1 PENALTIES.

It shall be unlawful for any person to commit any of the offenses described in this Chapter, and any person so offending shall be deemed guilty of a public offense, and unless otherwise provided, upon conviction thereof, shall be punished as provided in Section 1-1-C-3 of this Code.

Article 3-9-K DEFINITIONS

Sections:

3-9-K-1 THEFT OF SERVICES.
3-9-K-2 UNLAWFUL USE OF A FINANCIAL CARD.
3-9-K-3 GIVING A WORTHLESS CHECK.
3-9-K-4 ESCAPE FROM CUSTODY.
3-9-K-5 DISTURBING THE PEACE.
3-9-K-6 CRIMINAL USE OF NOXIOUS MATTER.
3-9-K-7 PROMOTING OBSCENITY.
3-9-K-8 OFFENSES RELATED TO GAMBLING.
3-9-K-9 DRUGS AND DRUG PARAPHERNALIA - A-L.
3-9-K-10 DRUGS AND DRUG PARAPHERNALIA - M-Z.
3-9-K-11 PUBLIC INDECENCY.
3-9-K-12 OFFENSES INVOLVING EXPLOSIVES AND WEAPONS.

Section 3-9-K-1 THEFT OF SERVICES.

As used in subsection 3-9-C-1-C of this Chapter, "services" includes, but is not limited to, labor, professional services, cable television service, public or Municipal utility or transportation service, telephone service, entertainment and the supplying of equipment for use.

Section 3-9-K-2 UNLAWFUL USE OF A FINANCIAL CARD.

As used in Section 3-9-C-9 of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CARDHOLDER: The person or entity to whom or for whose benefit a financial card is issued.

FINANCIAL CARD: An identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property, services or communication services or to conduct other financial transactions.

Section 3-9-K-3 GIVING A WORTHLESS CHECK.

As used in Section 3-9-C-10 of this Chapter, "notice" includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as certified mail return receipt material in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check, draft or order.

Section 3-9-K-4 ESCAPE FROM CUSTODY.

As used in Section 3-9-D-5 of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CUSTODY: Arrest, detention in a facility for holding persons charged with or convicted of offenses, detention for extradition or deportation, detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program or any other detention for law enforcement purposes. "Custody" does not include general supervision of a person on probation or parole or constraint incidental to release on bail.

ESCAPE: Departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court.

Section 3-9-K-5 DISTURBING THE PEACE.

As used in subsection 3-9-E-3-A-2 of this Chapter, "neighboring inhabitants" shall include persons living within or occupying residential districts of single-, multiple-unit dwellings, and high density residential districts.

Section 3-9-K-6 CRIMINAL USE OF NOXIOUS MATTER.

As used in Section 3-9-E-12 of this Chapter, "noxious matter" means any bomb, compound or substance which may give off dangerous or disagreeable odors or causes distress to persons exposed thereto.

Section 3-9-K-7 PROMOTING OBSCENITY.

As used in subsection 3-9-F-3-A of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

MATERIAL: Any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner.

OBSCENE: Any material or performance is "obscene" if:

The average person applying contemporary community standards would find that such material or performance, taken as a whole, appeals to the prurient interest; or
That the material or performance has patently offensive representations or descriptions of ultimate sexual acts, normal or perverted; and
That the material or performance, taken as a whole, lacks serious literary, educational, artistic, political or scientific value.

PERFORMANCE: Any play, motion picture, dance or other exhibition performed before an audience.

Section 3-9-K-8 OFFENSES RELATED TO GAMBLING.

As used in Section 3-9-F-8 of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

BET: A bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A "bet" does not include:

Bona fide business transactions which are valid under the laws of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or other commodities and agreements of compensation for loss caused by the happening of the chance, including but not limited to contracts of indemnity or guaranty and life or health and accident insurance;
Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such a contest;
A lottery, as defined in this Section;
Any bingo game by or for participants managed, operated or conducted in accordance with the laws of the State of Kansas by an organization licensed by the State of Kansas to manage, operate or conduct games of bingo;
A lottery operated by the State of Kansas pursuant to the Kansas Lottery Act;* or

*K.S.A. 1987 Supp. 74-8701 through 74-8721.*
Any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas Parimutuel Racing Act.**

**K.S.A. 1987 Supp. 74-8801 through 74-8834.**

CONSIDERATION: Anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Consideration does not include:

Mere registration without purchase of goods or services, personal attendance at places or events without payment of an admission price or fee, listening to or watching radio and television programs or answering the telephone or making a telephone call and acts of like nature;
Sums of money paid by or for participants in any bingo game managed, operated or conducted in accordance with the laws of the State of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the State of Kansas, and it shall be conclusively presumed that such sums paid by or for such participants were intended by those participants to be for the benefit or use in furthering the purposes of the sponsoring organizations;
Sums of money paid by or for participants in any lottery operated by the State of Kansas pursuant to the Kansas Lottery Act;* or

*K.S.A. 1987 Supp. 74-8701 through 74-8721.*
Sums of money paid by or for participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas Parimutuel Racing Act.

GAMBLING:

Making a bet.
Entering or remaining in a gambling place with the intent to make a bet, to participate in a lottery or to play a gambling device.*

*K.S.A. 21-4302 and 21-4303.*

GAMBLING DEVICE: A contrivance which, for a consideration, affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.

GAMBLING PLACE: Any place, room, building, vehicle, tent or location which is used for any of the following:

Making and settling bets;
Receiving, holding, recording or forwarding bets or offers to bet;
Conducting lotteries; or
Playing gambling devices.

Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.

LOTTERY: An enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance. As used herein, a "lottery" does not include a lottery operated by the State pursuant to the Kansas Lottery Act.*

*K.S.A. 1987 Supp. 74-8701 through 74-8721.*

Section 3-9-K-9 DRUGS AND DRUG PARAPHERNALIA - A-L.

The following words, terms and phrases, when used in Article 9-H of this Title shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning:

CONTROLLED SUBSTANCE: Any drug, substance or immediate precursory included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

COUNTERFEIT DRUG: Any substance which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

DELIVER or DELIVERY: Actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

DRUG:

Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary of any supplement to any of them;
Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;
Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
Substances intended for use as a component of any article specified in this definition of "drug" or the definitions of "controlled substance" or "drug paraphernalia" as found in this Section. It does not include devices or their components, parts or accessories.

DRUG PARAPHERNALIA: All equipment and materials of any kind which are used, or primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance and in violation of the Uniform Controlled Substance Act, K.S.A. 65-36a01 et seq.* "Drug paraphernalia" shall include, but is not limited to:

Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
Scales and balances used or intended for use in weighing or measuring controlled substances.
Diluents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose which are used or intended for use in cutting controlled substances.
Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
Capsules, balloons, envelopes, bags and other containers used or intended for use in packaging small quantities of controlled substances.
Containers and other objects used or intended for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.
Objects used or primarily intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil, phenylacetone (PCP), methamphetamine or amphetamine into the human body such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes, bongs or smoking pipes designed to draw smoke through water or another cooling device;
3. Carburetion pipes, glass or other heat resistant tubes, or any other device used or intended or designed to be used to cause vaporization of a controlled substance for inhalation ;
4. Smoking and carburetion masks;
5. Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
6. Miniature cocaine spoons and cocaine vials;
7. Chamber smoking pipes;
8. Carburetor smoking pipes;
9. Electric smoking pipes;
10. Air-driven smoking pipes;
11. Chillums;
12. Bongs;
13. Ice pipes or chillers;
14. Any smoking pipe manufactured to disguise its intended purpose;
15. Wired cigarette papers; or
16. Cocaine freebase kits.

Section 3-9-K-10 DRUGS AND DRUG PARAPHERNALIA - M-Z.

MANUFACTURER: A Person who manufactures drugs and includes persons who prepare such drugs in dosage forms by mixing, compounding, encapsulating, entableting or other process, but does not include pharmacists so preparing such drugs solely for dispensing of prescriptions received or to be received by them.

MINOR: Any person who has not attained eighteen (18) years of age.

PATIENT: As the case may be:

The individual for whom a drug is prescribed or to whom a drug is administered; or
The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered.

Provided, that the prescribing or administering referred to in subsections A and B above is in good faith and in the course of professional practice only.

PHARMACIST: As defined in K.S.A. 65-1626, as amended.

PLACE OF DISPLAY: Any museum, library, school or other similar public place upon which business is not transacted for a profit.

PRACTITIONER: Any person authorized by law to prescribe and administer drugs, as herein defined, in the course of his professional practice. "Professional practice of a practitioner" means treatment of patients under a bona fide practitioner-patient relationship.

PREMISES: A business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.

PREMISES OPEN TO MINORS: Any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.

PRESCRIPTION: A written order and, in cases of emergency, a telephonic order, issued by a practitioner in good faith in the course of his professional practice t