(a)   Minor means any unmarried person under the age of eighteen (18) years.

(b)   Harmful to Minors means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when the material or performance, taken as a whole, has the following characteristics:

(1)   The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; and

(2)   The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

(3)   The material or performance lacks serious literary, scientific, educational, artistic, or political value for minors.

(c)   Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

(d)   Sexual conduct means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or if such person be female, breast.

(e)   Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(f)    Sado-masochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(g)   Material means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, or recording tape, video tape.

(h)   Performance means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

(i)    Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

(1)   The character and content of any material or performance which is reasonably susceptible of examination by the defendant, and

(2)   The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

(j)    Person means any individual, partnership, association, corporation or other legal entity of any kind.

(k)   A reasonable bona fide attempt means an attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.

No person having custody, control or supervision of any commercial establishment shall knowingly:

(a)   Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material provided, however, a person shall be deemed not to have “displayed” material harmful to minors if the material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds of the material is not exposed to view.

(b)   Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or

(c)   Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.

It shall be an affirmative defense to any prosecution under this article that:

That material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and persons acting in their capacity as employees or agents of such persons or organizations, and which institution displays, presents or disseminates such material or performance for a bona fide governmental, educational or scientific purpose.

Any person who shall be convicted of violating any provision of this article is guilty of a misdemeanor and shall be fined a sum not exceeding five hundred dollars ($500.00) and may be confined in jail for a definite term that shall be fixed by the court and shall not exceed one (1) month. Each day that any violation of this section occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by this section shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material shall constitute a single offense.

(a)   Any person who is not an officer of the law or a deputy to such officer, who, within the corporate limits of the city, knowingly carries concealed on his or her person or who possesses with intent to use the same unlawfully against another a billy club, blackjack, slingshot, bludgeon, sand club, metal knuckles, throwing star or any other dangerous or deadly weapon or instrument of like character, shall be deemed guilty of a misdemeanor.

(b)   Any person who is not an officer of the law, a deputy to such officer, or a person authorized by K.S.A. 75-7c01 through 75-7c17 to carry a concealed weapon who, within the corporate limits of the city, knowingly carries any pistol, revolver, or other firearm concealed on his or her person, except when on or in his or her land, abode or fixed place of business, shall be deemed guilty of a misdemeanor.

(c)   Upon conviction for a violation of section (a) or (b) above, it shall be the duty of the municipal court judge, in addition to the penalty provided for the violation of this section, to order any such concealed weapon to be forfeited to the city and the same shall be disposed of in accordance with the provisions of state law.

(Ord. 949; Code 2021)

Any person, other than an officer of the law or a deputy to such officer, who within the corporate limits of the city, carries or possesses unconcealed and with intent to use the same unlawfully against another any billy club, blackjack, slingshot, bludgeon, sand club, metal knuckles, throwing star or any other dangerous or deadly weapon or instrument of like character which, when used, is likely to produce death or great bodily harm, shall be deemed guilty of a misdemeanor. Upon conviction for a violation of this section, the municipal court judge, in addition to the penalty provided for violation of this section, may, in his or her discretion, order such unconcealed weapon to be forfeited to the city and the same shall be disposed of by the chief of police in accordance with the provisions of state law.

(Ord. 949; Code 2021).

(a)   It is unlawful for any person, other than a sheriff or other peace officer or any military unit of the state or of the United States, or any common carrier for hire, to transport or have in his possession or under his control, any firearm known as a shotgun with a barrel less than eighteen inches in length, or any silencer; provided, that banks, trust companies, or other institutions or corporations subject to unusual hazard from robbery or holdups who have secured permits from the sheriff of the county in which they are located for one or more of their employees to have such firearms, may possess such firearms; provided, further, that museums, American Legion posts and other similar patriotic organizations may possess such firearms when not used as a weapon and when possessed as a curiosity, ornament or keepsake.

(b)   Any person who violates the provisions of this section is guilty of a misdemeanor. In addition to the penalty for the violation of this section, it shall be the duty of the municipal court judge to order any such weapons as provided in this section to be forfeited to the city and the same shall be disposed of in accordance with the provisions of state law.

(Ord. 949; Code 2021).

(Ord. 949; Code 2021)

Any person, not an officer of the law in the execution of his duty, who draws a pistol, revolver, knife or any other deadly weapon upon any person is guilty of a misdemeanor. In addition to the penalty for violation of this section, it shall be the duty of the police judge to order any weapon used in such manner to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever such weapon is no longer needed as evidence.

Every person who shall permit any gaming table or device to be set up or used for the purpose of gaming in any house, building, booth, shelter, lot or other premises belonging to or occupied by such person of which such person has, at the time, possession or control, shall be deemed an operator of a casino and shall be guilty of a misdemeanor and, upon conviction, be subject to a maximum of one (1) year in the city or county jail, or up to a Two Thousand Five Hundred Dollar ($2,500.00) fine or both.

Gaming table or device shall not include such material or equipment that is used or required for the operation of the Kansas Lottery as authorized and regulated by the State of Kansas pursuant to Kansas law.

Every person who, within the corporate limits of the City of Park City, shall keep a place or room or multi-game casino style gambling facility to be used primarily as a place for gaming or to which persons resort for the purpose of gambling, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a maximum of one (1) year in the city or county jail or up to a Two-Thousand Five Hundred Dollar ($2,500.00) fine or both.

(a)   City means the City of Park City, Kansas.

(b)   Customer means the person in whose name a Utility Service is provided.

(c)   Divert means to change the intended course or path of electricity, natural gas, water, cable television, telephone, or other Utility Service without the authorization or consent of the Utility Company.

(d)   Person means any individual, partnership, firm, association, or corporation.

(e)   Re-connection means the commencement of Utility Service other than by a Utility Company, to a Customer or other person after the service has been discontinued by the Utility Company.

(f)    Tamper means to rearrange, damage, injure, destroy, alter, interfere with, or otherwise prevent from performing normal or customary function.

(g)   Telecommunications Service means any telephone service or the transmission of a message, signal, or other communication by telephone or telegraph, or other telephone or telegraph facilities.

(h)   Utility Company means any entity including, but not limited to the City, who provide Utility Service to Customers of the City within the corporate limits of the City, when such Utility Service is delivered through City rights-of-way.

(i)    Utility Service means the providing of electricity, natural gas, water, telecommunications, cable television solid waste collection or any other service or commodity furnished by a Utility Company for compensation.

It shall be unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

(a)   Divert, or cause to be Diverted, Utility Service by any means whatsoever;

(b)   Make, or cause to be made, any connection or re-connection with property owned or used by the Utility Company to provide Utility Service without the authorization or consent of the Utility Company;

(c)   Prevent any Utility Company meter, or other device used in determining the charge for Utility Services, from accurately performing its measuring function by tampering or other means;

(d)   Tamper with any property owned or used by the Utility Company to provide Utility Services;

(e)   Use or receive the direct benefit of all or a portion of Utility Service, with knowledge of or reason to believe that the Diversion, Tampering, or unauthorized connection existed at the time of the use, or that the use or receipt was without the authorization or consent of the Utility Company;

(f)    Advertise, manufacture, distribute, sell, use, rent, or offer for sale, use, or rental, any device or any description, or any plan or any kit, designed to obtain Utility Service in violation of this article;

(g)   Obtain Utility Service by means of false representation, or fraudulent or deceptive action, designed to avoid the payment of any outstanding lawful charge for any Utility Service;

(h)   Avoid the lawful charge, in whole or in part, for any Utility Service, by the use of any fraudulent or deceptive scheme, device, means or method; and

(i)    It shall not be unlawful to turn off utility services under circumstances where the person doing so has a reasonable belief that it is necessary to avoid immediate harm to persons or damage to property.

There is a rebuttable presumption that there is a violation of this article if, on the premises controlled by the Customer or by the person using or receiving the direct benefit of the Utility Service, there is either, or both, of the following:

(a)   Any instrument, apparatus, or device primarily designed to be used to obtain Utility Service without paying the full lawful charges thereof;

(b)   Any Utility Company equipment that has been altered, Tampered with, or bypassed so as to cause no measurement, inaccurate measurement, or to permit receipt of Utility Service without paying the full lawful charge thereof.

Any person convicted of theft of services shall be fined not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00) for each offense; and may be sentenced to confinement in jail for not more than one (1) year for each offense; or may be sentenced to both said fine and confinement. Each day a violation occurs shall constitute a separate offense.

Catalytic converter thefts are on the rise, in part, due to the ease and speed with which they can removed from vehicles.  In addition, prosecution for such thefts is difficult because catalytic converters are not traceable and locating the victim of such thefts is nearly impossible.  For the past several years, almost all catalytic converter theft cases in the City of Park City have gone unsolved, which is fundamentally unacceptable for its citizens.

(a)   It shall be unlawful for any person to possess, accept, process, store, hold, keep, receive, reuse or collect a catalytic converter that has been detached from a motor vehicle unless they can demonstrate a legitimate reason for such possession by producing either:

(1)   A letter of permission from the Park City Police Department to temporarily possess a catalytic converter that includes a law enforcement case number or property identification number; or

(2)   An order from the court designating ownership of a vehicle or catalytic converter; or

(3)   A bill of sale, purchase receipt, or vehicle title that includes the vehicle identification number of the source vehicle and accurate contact information for the owner of the source vehicle, signed by the owner of the source vehicle; or

(4)   Proof that the catalytic converter belongs to a vehicle that is owned or was previously owned by the person in possession of the detached catalytic converter; or

(5)   A work or service order that identifies the owner of the vehicle and the work or service being performed on the vehicle, so long as detachment of the catalytic converter is essential to the work or service being performed.

(b)   City officials or law enforcement personnel when acting within the scope of their employment disposing of lost, found or stolen catalytic converters are exempt from the provisions of this section.

(c)   Precious metal dealers or those who are regulated pursuant to K.S.A. 50-6109, et seq. are exempt from the provisions of this section when acting within the scope of that statute.

(d)   Failure to comply with the foregoing provisions shall result in the immediate confiscation of the catalytic converter by a law enforcement officer until such time as legal ownership may be determined or any criminal charges finally adjudicated.

(e)   Catalytic converter means a device installed in the exhaust system of a motor vehicle that uses a catalyst to convert pollutant gases into less harmful gases.

(f)    Any person convicted pursuant to this section shall be guilty of a misdemeanor and shall be sentenced as follows:  upon a first conviction a person shall be sentenced to not more than six months imprisonment and fined not less than $250 nor more than $1,000; upon a second or subsequent conviction a person shall be sentenced to not less than thirty days imprisonment nor more than one year’s imprisonment and fined not less than $500 nor more than $2,500.  A person sentenced on a second or subsequent conviction shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.  After serving 48 consecutive hours of a mandatory sentence, the remainder of such sentence may be served in work release or under house arrest.

(g)   A guilty finding, diversion or deferred judgment requires the catalytic converter be forfeited to the City of Park City to be sold, destroyed or released to its rightful owner.

(Ord. 1155)