CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 1. Uniform Offense Code

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Park City, Kansas, the most current edition of the “Uniform Public Offense Code”, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three (3) copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Park City, Kansas” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1071; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 3.14 which shall read as follows:

3.14 RESISTING ARREST. It shall be unlawful for any person to use force or the threat of force, to resist, obstruct, or interfere with an arrest which he or she know is being made either by a law enforcement officer, or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person arrested, or other person, believes that the arrest is unlawful.

Resisting Arrest is a class A violation.

(Ord. 1055; Code 2021)

(Ord. 1055; Ord. 1071; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 5.9 which shall read as follows:

5.9   INTERFERENCE WITH PARENTAL CUSTODY. Interference with parental custody is enticing, decoying, or taking away from some type of parental custody, any child under eighteen (18) years of age, with intent to detain or conceal such child from its parent, guardian, or person having lawful charge of said child.

Interference with parental custody is a class A violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 6.26.1 which shall read as follows:

6.26.1     WASTING UTILITIES. Wasting utilities is willfully causing the waste of water, gas, steam, petroleum or petroleum products, or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.

Wasting utilities is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 6.27.1 which shall read as follows:

6.27.1     OPENING OR DAMAGING COIN MACHINES. Opening or damaging coin machines is willfully and knowingly opening, removing, or damaging any parking meter, coin telephone, vending machine, money changer, or other device designed to receive money in the sale of property or services with the intent to commit theft.

Opening or damaging coin machines is a class A violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.15.1 which shall read as follows:

7.15.1     UNLAWFUL DISCLOSURE OF A WARRANT. Unlawful disclosure of a warrant is revealing or making public in any way the fact that a search warrant or warrant of arrest has been applied for or issued or the contents of the affidavit or testimony on which such warrant is based prior to the execution thereof unless requested to do so by a law enforcement officer.

Unlawful disclosure of a warrant is a class B violation.

EXCEPTION-Law Enforcement Agency personnel may disclose a warrant to encourage a defendant to surrender voluntarily.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.16.1 which shall read as follows:

7.16.1     POSSESSION OF FALSE IDENTIFICATION DOCUMENTS. Possession of false identification documents is possession or use of any identification document which simulates, purports to be, or is designed so as to cause others reasonably to believe it to be an official identification document of the bearer and bears a fictitious name, date of birth, identification number, photograph, or other false information.

Possession of false identification documents is a class C violation.

NOTE-IDENTIFICATION DOCUMENT means any card, certificate, or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be driver’s licenses, birth certificates, and social security cards.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.17.1 which shall read as follows:

7.17.1     INTIMIDATION OF A WITNESS OR VICTIM.

(a)   Intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade:

(1)   Any witness or victim from attending or giving testimony at any civil, criminal, or traffic trial, proceeding or inquiry authorized by law; or

(2)   Any witness, victim or person acting on behalf of a victim from:

(b)   Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;

(c)   Causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;

(d)   Causing a civil action to be filed and prosecuted and assisting in its prosecution; or

(e)   Arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.

Intimidation of a witness or victim is a class B violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.18.1 which shall read as follows:

7.18.1        INTERFERING WITH IMMEDIATE ENTRY TO AND INSPECTION OF PREMISES LICENSED AS A CLUB OR DRINKING ESTABLISHMENT.

(a)   No licensee or permit holder, or any owner, officer or employee, shall knowingly impede, hinder, stall, or refuse entry to any law enforcement officer to any premises licensed as a club or drinking establishment or any premises where alcoholic liquor is sold by a holder of a temporary permit to operate as a club or drinking establishment, or any premises subject to the control of any licensee or temporary permit holder. Entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the club or drinking establishment is open for business. The right of immediate entry to and inspection of any premises licensed as a club or drinking establishment or any premises where alcoholic liquor is sold by a holder of a temporary permit, or any premises subject to the control of any licensee or temporary permit holder, by any duly authorized officer or agent of the Kansas Director of Alcoholic Beverage Control, or by any law enforcement officer, shall be a condition on which every license or temporary permit is issued, and the application for, and acceptance of, any license or temporary permit shall conclusively be deemed to be the consent of the applicant and licensee or permit holder to such immediate entry and inspection. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the club or drinking establishment is open for business. Such consent shall not be revocable during the term of the license or temporary permit. Refusal of such entry shall be grounds for revocation of the license or temporary permit.

Violation of this section shall be a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.19.1 which shall read as follows:

7.19.1     DISPLAY OF LICENSE. Every holder of a license for a club or drinking establishment shall cause such license to be framed and hung in plain view in a conspicuous place on the licensed premises.

Violation of this section is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 7.20.1 which shall read as follows:

7.20.1     POSSESSION OR CONSUMPTION BY MINOR PROHIBITED.

(a)   No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee’s or permit holder’s employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is 21 years of age or older.

(b)   It shall be a defense to a prosecution under this section if: The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and to possess or consume the alcoholic liquor or cereal malt beverage, the minor 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.

Violation of this section is a class C violation.

(Ord. 1055; Code 2021)

Section 7 .21.1 of the Uniform Public Offense Code relating to the prohibition of prize fighting and wrestling matches; exceptions; and penalties is hereby amended to read as follows:

7.21 PROHIBITION OF PRIZE FIGHTING AND WRESTLING MATCHES; EXCEPTIONS; PENALTIES.

(a)   Except as provided in subsection (b), no person shall send or cause to be sent, publish or otherwise make known any challenge to fight what is commonly known as a prize fight, or engage in any public boxing, sparring or wrestling match, exhibition or contest with or without gloves of any kind, for any prize, reward or compensation, or at which any admission fee is charged or received, either directly or indirectly, or go into training preparatory to such fight, exhibition, match or contest, or act as trainer for any person or persons contemplating participation in such fight, exhibition or contest, or act as aider, abettor, backer, umpire, trainer, second, surgeon, assistant, reporter or attendant at such fight, exhibition, match or contest, or in any preparation for the same, nor shall any owner or lessee of any grounds, lots, building, hall or structure of any kind permit the same to be used for such fight, exhibition, match or contest..

(b)   The provisions of subsection (a) shall not apply to any fight, exhibition, match or contest conducted under a license issued by the Kansas Athletic Commission; sanctioned by the national association of intercollegiate athletics, national collegiate athletic association, amateur athletic union of the United States, USA Boxing or national junior college athletic association; conducted under the control of the Kansas State High School Activities Association; or conducted as a scheduled event at the Hartman Arena.

Violation of this section is a class A violation.

(Ord. 1055; Code 2021; Ord. 1168)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.14.1 which shall read as follows:

9.14.1     DISTURBANCE OF RELIGIOUS ASSEMBLIES. Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting.

Disturbance of religious assemblies is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.15.1 which shall read as follows:

9.15.1     LOITERING: STREETS, PUBLIC PLACES. Loitering in streets and other public places is the loitering on the public streets, school buildings or school grounds or any other public place or place accessible to the public without being engaged in some legal business demanding the persons presence upon such public place or place accessible to the public without being engaged in some legal business.

Loitering in streets and other public places is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.16.1 which shall read as follows:

9.16.1     LOITERING OF MINORS.

(a)   It shall be unlawful for any minor under the age of eighteen (18) years to loiter, loaf, idle, wander, stroll, or play in or upon the public streets, alleys, highways, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of eleven o’clock (11:00) p.m. and six o’clock (6:00) a.m. of the following day, except for Fridays and Saturdays, when the hours shall be twelve o’clock (12:00) a.m. to six o’clock (6:00) a.m.; PROVIDED, that the provisions of this section shall not apply to minors accompanied by their parents, guardians, or other adult having the care and custody of the minor, or where the minor is returning from public functions or organized activities such as, but not limited to, school activities or sporting events, emergency errand or legitimate business directed by his parent, guardian, or other adult having care and custody of the minor.

(b)   It shall be unlawful for any parent, guardian, or other adult having care and custody of a minor under the age of eighteen (18) years to permit such minor to loiter, loaf, idle, wander, stroll, or play in or upon any street, alley, highway, park, playground, or other public grounds, public places, and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places between the hours of eleven o’clock (11:00) p.m. and six o’clock (6:00) a.m. of the following day, except for Friday and Saturday, when the hours shall be twelve o’clock (12:00) a.m. and six o’clock (6:00) a.m.; PROVIDED, that this section shall not apply when the minor is accompanied by their parent, guardian, or other adult having care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by their parent, guardian, or other adult having care and custody of the minor.

Loitering of minors is a class C violation.

(Ord. 1055; Code2019)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.17.1 which shall read as follows:

9.17.1     LOUDSPEAKERS, SOUND AMPLIFIERS: PERMITS. It shall be unlawful for any person to play, use, or operate on the streets, alleys, or public grounds of the city any instrument known as a loudspeaker or sound amplifier, without first procuring a permit therefore from the city clerk. Such permit shall be granted or refused at the discretion of the city clerk.

Loudspeakers, Sound Amplifiers: Permits is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.18.1 which shall read as follows:

9.18.1     WINDOW PEEPING. It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door, skylight, or other opening in a house, room, or building, or to loiter in a public street, alley, parking lot, or other public place for the purpose of wrongfully observing the actions of the occupants of any such house, room, or building.

Window Peeping is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.19.1 which shall read as follows:

9.19.1     URINATING IN PUBLIC. It shall be unlawful for any person to urinate upon any highway, street, alley, sidewalk, park, or upon the premises of any public place or building, or upon public or private property in open view of any person, when the same has not been designated or designed as a rest room.

Urinating in public is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.20.1 which shall read as follows:

9.20.1     SMOKING IN PUBLIC PLACES.

(a)   No person shall smoke in a public place or at a public meeting except in designated smoking areas.

(b)   Smoking areas may be designated by proprietors or other persons in charge of public places, except in passenger elevators, school buses, public means of mass transportation and any other place in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation.

(c)   Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

(d)   “Public place” means enclosed indoor areas open to the public or used by the general public including but not limited to: Restaurants, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, educational facilities, libraries, courtrooms, state, county or municipal buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities.

(e)   “Public meeting” includes all meetings open to the public.

(f)    “Smoking,” means possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment.

(g)   The proprietor or other person in charge of the premises of a public place shall post or cause to be posted in a conspicuous place signs clearly stating that smoking is prohibited by state law. The person in charge of the premises shall also post or cause to be posted in any designated smoking area, signs stating that smoking is permitted in such room or area. The proprietor or person in charge of the public place shall have the authority to establish the percentage of area in the public place which shall be posted and designated as a smoking area.

Smoking in public places is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 9.21.1 which shall read as follows:

9.21.1     PUBLIC INDECENCY.

(a)   It shall be unlawful for any person to knowingly or intentionally, in a public place; engage in sexual intercourse; engage in deviate sexual conduct; appear in a state of nudity; or fondle the genitals of their self or another person.

(b)   “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast, with less than a fully opaque covering, of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Public Indecency is a class A violation.

(Ord. 1055; Code 2021)

Section 10.5.1 of the Uniform Public Offense Code relating to Unlawful Discharge of Firearms is hereby amended to read as follows:

10.5.1 UNLAWFUL DISCHARGE OF FIREARMS. Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol, revolver or other firearm within the city. This section shall not be construed to apply:

(a)   To the discharge of firearms by any duly authorized law enforcement officer when necessary in the discharge of his or her official duties;

(b)   To the discharge of firearms in any licensed shooting gallery;

(c)   To firing squads for ceremonials;

(d)   To a legitimate gunsmith in pursuit of his or her trade;

(e)   To the discharge of a shotgun on one’s own property, providing that said property is a parcel consisting of five (5) or more acres, and so long as said discharge is no closer than three hundred feet (300’) to any structure on any adjoining parcel of land; provided that in determining the size of such parcel the area of platted reserves and easements shall not be included in calculating the size of such parcel and provided that this exception shall not apply to the discharge of any shotgun that discharges a solid projectile or slug.

       That in addition to property owners of parcels identified above, these exceptions shall extend to leaseholders of single-family dwellings, and/or persons with written permission granted by the property owner. However, in order for any minor child to fall within this exception, he or she must be accompanied by and/or supervised by a parent, grandparent, or guardian at the time of the discharge of the firearms; or

(f)    To police officers who discharge firearms during training sessions.

It shall be a defense that the defendant was acting within the scope of K.S.A. 21-3211, K.S.A. 21-3212, K.S.A. 21-3213, K.S.A. 21-3215 or K.S.A. 21-3216.

Unlawful discharge of firearms is a Class B violation.

(Ord. 962; Ord. 1055; Code 2021)

Section 10.6.1 of the Uniform Public Offense Code relating to the operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun within the city is hereby amended to read as follows:

10.6.1     AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PAINT BALL GUN. The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, BB gun or paint ball gun within the city, except within the confines of a building or other structure from which the projectile cannot escape.

EXCEPTION. This section shall not apply to the discharge of bows and arrows, pellet guns, BB guns, paint guns, air guns or air rifles on one’s own property, providing that said property is a parcel consisting of five (5) or more acres, and so long as said discharge is no closer than three hundred feet (300’) to any structure on any adjoining parcel of land.

       That in addition to property owners of parcels identified above, these exceptions shall extend to leaseholders of single-family dwellings, and/or persons with written permission granted by the property owner. However, in order for any minor child to fall within this exception, he or she must be accompanied by and/or supervised by a parent, grandparent, or guardian at the time of the discharge of a bow and arrow, pellet gun, BB gun, paint gun, air gun or air rifle.

Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is a Class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 10.27.1 which shall read as follows:

10.27.1 POSSESSION, USE AND TRANSPORTATION OF EXPLOSIVES.

(a)   It shall be unlawful for any person to transport, use, or have in their possession or control, without lawful authority, any incendiary or explosive device, materials, liquids, solvents, or mixtures equipped with a fuse, wick or other detonating device or substance, either in place or detached but within the control of such person.

(b)   It shall be unlawful for any person to have in their possession or control any illegal firecrackers or fireworks.

(c)   This prohibition shall not apply on the day of July 4th and/or any other such time as specifically authorized by the City’s regulations of fireworks.

Possession, Use and Transportation of Explosives is a class B violation.

(Ord. 1055; Code 2021))

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 10.28.1 which shall read as follows:

10.28.1 DANGEROUS MISSILES. It shall be unlawful for any person to throw or project any ball, stone, brick, piece of wood, clay, or other hard substance or object along, over, or upon any street, highway, alley, sidewalk, or public grounds or at or against any house, building, vehicle, or at or towards any person with the intent to do property damage or bodily harm.

Dangerous Missiles is a class C violation.

(Ord. 1055; Code 2021)

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 10.30.1 which shall read as follows:

10.30.1 INHALATION OF TOXIC VAPORS, GLUE, OR RELATED PRODUCTS.

(a)   It shall be unlawful for any person to intentionally smell or inhale the fumes from any container containing a solvent, chemical, or compound having the property of releasing toxic vapors or fumes for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, depression, stimulation, or dulling of one’s brain function or nervous system.

(b)   It shall be unlawful for any person to possess, for the purpose of violating paragraph (a) of this section, any container, solvent, chemical, or compound having the property of releasing toxic vapors of fumes.

(c)   It shall be unlawful for any person to sell, give or furnish or offer to sell, give or furnish any container, solvents, chemicals or compounds having the property of releasing toxic vapors or fumes, knowing that such product sold, given or furnished will be used for the purpose of violating paragraph (a) of this section.

(d)   As used in this section, “Toxic Vapors or Fumes” shall mean and include any glue, cement, or other adhesive, or any other substance whose contents may include, but are not limited to one (1) or more of the following compounds: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene pentachlorophenol petroleum ether, or toluene (toluol).

Inhalation of Toxic Vapors, Glue or Related Products is a class A violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 10.31.1 which shall read as follows:

10.31.1 MISTREATMENT OF A DEPENDENT ADULT.

(a)   Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts:

(1)   Taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person; or

(2)   Omitting or depriving of treatment, goods or services by a caretaker or another person which are necessary to maintain physical or mental health of a dependent adult.

(b)   No dependent adult shall be considered to be mistreated solely on account of such dependent adult relying upon or being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult is a member or adherent.

(c)   For purposes of this section, “Dependent Adult” means an individual 18 years of age or older who is unable to protect their own interests. Such term shall include:

(1)   Any resident of an adult care home including, but not limited to, those facilities defined by K.S.A. 39-923 and amendments thereto;

(2)   Any adult cared for in a private residence;

(3)   Any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;

(4)   Any individual with mental retardation or a developmental disability receiving services through a community mental health facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto;

(5)   Any individual with a developmental disability receiving services provided by a community service provider as provided in the Developmental Disability Reform Act; or

(6)   Any individual kept, cared for, treated, boarded, or otherwise accommodated in a state psychiatric hospital or state institution for the mentally disabled.

Mistreatment of a Dependent Adult is a class A violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 11.13.1 which shall read as follows:

11.13.1   POSTING OBSCENITIES. It shall be unlawful for any person to post, paste, write, paint or inscribe any obscene or vulgar picture, design or words at or on any place open to public view.

Posting Obscenities is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 11.14.1 which shall read as follows:

11.14.1 CONSUMPTION OF ALCOHOLIC LIQUOR OR CEREAL MALT  BEVERAGE IN PARKS AND RECREATIONAL AREAS. It shall be unlawful for any person to consume alcoholic liquor, as defined by K.S.A. 2000 supp. 41 102(b) or amendments thereto, in any city owned building, structure, park or recreational areas, or any other city owned land or property, or any other park or recreational area within this city which is owned by or under the control of the United States government or any other political subdivision, whether or not an admission or other fee is charged or collected. Unless otherwise provided by law.

Consumption of alcoholic liquor or cereal malt beverage in parks and recreational areas is a class C violation.

(Ord. 1055; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 11.15.1 which shall read as follows:

11.15.1   UNLAWFUL INTERFERENCE WITH A CODE ENFORCEMENT OFFICER.

(a)   Unlawful interference with a code enforcement officer is knowingly and intentionally interfering with, molesting or assaulting any code enforcement officer while he or she is engaged in the performance of such code enforcement officer’s duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any code enforcement officer while he or she is attempting to carry out any of his or her duties for the City of Park City, Kansas.

(b)   For purposes of this section “code enforcement officer” shall mean any employee of the City of Park City, Kansas, carrying out the duties of the City of Park City Department of Code Enforcement.

Unlawful interference with a code enforcement officer is a Class B violation.

(Ord. 1055; Code 2021)

The Uniform Public Offense Code for Kansas Cities is hereby amended to substitute the following definition of “Electronic Cigarette” in Section 1.1 of Article 1 GENERAL PROVISIONS:

Electronic Cigarette means an electronic or battery operated device that may resemble smoking, that uses an atomizer or similar device that allows users to inhale nicotine vapor or other flavored vapor without fire, smoke or ash (also commonly referred to as an electronic smoking device, electronic vaping device, personal vaporizer, electronic pipe [e-pipe], electronic hookah, e-pen or vapor pen). For all purposes under this Uniform Public Offense Code, Electronic Cigarettes are synonymous with cigarettes and the use of an Electronic Cigarette is the same as the use of a cigarette, cigar or pipe and shall be considered smoking.

(Ord. 955; Code 2021)

The said Uniform Public Offense Code for Kansas Cities is hereby amended to include Section 10.27.1 which shall read as follows:

10.27.1 Electronic Cigarettes. All references to smoking or smoke in Sections 10.24, 10.25 and 10.26 shall include the use of Electronic Cigarettes.

(Ord. 955; Ord. 1055; Code 2021)