It shall be unlawful for any person to perform or administer a tattoo or perform body piercing on or to any person under 18 years of age without the prior, written and notarized consent of the parent or court appointed guardian of the person. The notarized written permission and a certified copy of the Letters of Guardianship, when the permission is granted by a guardian, shall be retained by the person administering such tattoo or body piercing for a period of five years.
(Ord. 1828, Secs. 1:2)
(a) Tattoo refers to any method of placing designs, letters, scrolls, figures, symbols, or any other marks under the skin with ink or any other substance to change the coloration of the skin by the aid of needles or other instrument designed to touch or puncture the skin.
(b) Body Piercing refers to any method of puncturing the skin of a person by the aid of needles or other instrument designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body. Body piercing shall not refer to any medical procedure performed by a licensed physician or medical practitioner. Body piercing shall not refer to any procedure involving the piercing of the human ear.
(Ord. 1828, Sec. 3)
(a) It shall be unlawful for any person to make or continue, or cause, allow or permit to be made or continued, any excessive, unreasonable or unusually loud noise which disturbs, injures, endangers the repose, health, peace or safety of reasonable persons of ordinary sensitivities, or endangers or injures personal or real property. A determination of whether a sound violates this subsection may include consideration of factors such as the sound's cause, volume, intensity, nature, and duration as well as consideration of the zoning or location of where the sound can be heard.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, or other machine or device used for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.
(c) No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this section; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this section.
(d) For the purposes of this section, “neighboring inhabitants” includes those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms, or motel rooms within the vicinity of the noise.
(e) It shall be unlawful for any person, while operating, driving, or parking in a motor vehicle, to use or operate any electronic device, radio, television, stereo, or other device for the producing or reproducing of sound in such a manner that it disturbs, injures, endangers the repose, health, peace or safety of reasonable persons of ordinary sensitivities, or endangers or injures personal or real property, in the vicinity of the motor vehicle. It shall be a violation when the sound emanating from the electronic device in or on the motor vehicle is clearly audible from a distance of 50 feet.
(f) The following situations are exempt from noise ordinance regulations: emergency work, emergency vehicles, alarm systems, trash and waste pickup operations, aircraft or railroads, noise resulting from the activities of a temporary duration planned by school, government, or community group, air conditioners, lawn equipment, and construction operations.
(Ord. 1874; Ord. 1925; Ord. 2240; Ord. 2353)
No provision of section 13-203 shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this section to protect individuals from unreasonable intrusions caused by excessive, unnecessary unreasonable or unusually loud noises.
(Ord. 1925, Sec. 2)
Any person convicted of a violation of section 13-203 shall be guilty of an unclassified violation. Upon a first conviction of a violation of this section, a person shall pay court costs. Upon a second conviction of a violation of this section, person shall pay court costs and a fine not to exceed $100. Upon a third or subsequent conviction of a violation of this section, a person shall pay court costs and a fine not to exceed $250.
(Ord. 1874, Sec. 1)
(a) It shall be unlawful for any person to loiter or trespass on or about the premises and grounds of any public or private school, public library, or around any assembly of persons at school or public activities or athletic events whether or not such events are being conducted by public or private school authorities.
(b) It shall be unlawful for any person or student who is not regularly enrolled in a public or private school, or who has been suspended or dismissed from a public or private school, to persist in staying or remaining on or about the premises or grounds without any lawful purpose.
(c) It shall be unlawful for any person to enter or remain upon private property when such premise or property is posed in a manner reasonably likely to come to the attention of intruders, except when such person is authorized or privileged to do so.
(Ord. 1874, Sec. 1)
Any person convicted of a violation of section 13-206 shall be guilty of an unclassified violation. Upon a first conviction of a violation of this section a person shall pay court costs. Upon a second conviction of a violation of this section, a person shall pay court costs and a fine not to exceed $100. Upon a third or subsequent conviction of a violation of this section, a person shall pay court costs and a fine not to exceed $250.
(Ord. 1874, Sec. 1)
(a) Any police officer finding a person under 18 years of age in violation of sections 13-203:204 shall ascertain the name and address of the minor and warn the minor that he or she is in violation of the Disturbing the Peace and/or Loitering Ordinance and shall direct the minor to proceed at once to his or her home or usual place of abode.
(b) If any minor refuses to heed the warning or direction by any police officer or refuses to give his or her correct name and address, he or she shall be taken to the police department and the parent, guardian or other adult having the care and custody of the minor shall be notified to come and take charge of the minor.
(Ord. 1874, Sec. 2)
It shall be unlawful for a parent, guardian, or other person lawfully entitled to the care, custody or control of any person under 18 years of age to knowingly suffer or permit such person to violate the Disturbing the Peace and/or Loitering Ordinance.
(Ord. 1874, Sec. 3)
Any police officer finding a minor under the age of 18 years violating the provisions of sections 13-203:204 shall warn the child to desist from such violation and immediately return home. Any parent, guardian, or person in charge of such child who shall permit such child again to violate the provisions of said sections after receiving notice of the first violation shall be fined not less than $10 nor more than $100 for each such offense, plus court costs.
(Ord. 1874, Sec. 4)
(a) Violations.
(1) It shall be unlawful for any person 15 years of age or under to be present in or upon any public street, alley, public park, square, or municipal parking lot or any sidewalk appurtenant thereto or any access area accessible to the public within the city after the hour of 11:00 p.m. and before the hour of 5:00 a.m. of the following day Sunday through Thursday and after the hour of 12:00 midnight and before the hour of 5:00 a.m. on Friday and Saturday.
(2) The provisions of subsection (1) shall not apply to any parent or legal guardian who has renounced his or her right to the care, custody, and control of any person 15 years of age or under, or to any person 15 years of age or under who is legally married, or emancipated as provided by law.
(b) Exceptions. The curfew violations set out in subsection (a) shall not apply to a person 15 years of age or under, under the following circumstances:
(1) When the person is accompanied by his or her parent or legal guardian;
(2) When the person is attending an official religious, school, or other recreational activity supervised by adults, and organized or sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or while returning home from any such function or activity by way of the most direct route;
(3) When the person is going to or from a place of lawful employment by way of the most direct route;
(4) When the person is engaged in normal travel through, to or from the city to another destination outside the city limits;
(5) When the person is on an errand at the direction of the minor’s parent or legal guardian;
(6) When the person is involved in an emergency;
(7) When the person is on the sidewalk abutting the minor’s residence;
(8) When the person, with parental or legal guardian permission, is returning home by way of the most direct route from a meeting, dance, entertainment, recreational activity, or school-related activity;
(9) When the person is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
(c) Enforcement.
(1) Before taking any enforcement action under this article, a police officer shall as the apparent offender’s age and reason for being in violation of the curfew ordinance description in subsection (a). The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, no exception in subsection (b) is present.
(2) The municipal court shall have the option to waive original jurisdiction over a minor who violates subsection (a) and may refer the same to district court under either the Juvenile Offender or the Child in Need of Care Statutes.
(d) Penalty for Violation by a Minor. A person 15 years of age or under who violates subsection (a), upon conviction, shall be guilty of a separate offense for each day or part of a day permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.
(1) Permitting Violations of Curfew and Penalty. (1) It shall be unlawful for a parent, legal guardian or other person lawfully entitled to the care, custody or control of any person 15 years of age or under to knowingly permit or by insufficient control, allow the minor to remain in any public place or on any premises as defined in subsection (a) within the city during curfew hours.
(2) A person who violates the provisions of subsection (e), upon conviction, shall be guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.
(Ord. 1906, Secs. 1:5)
(a) It shall be unlawful for any person to possess or have under such person’s control the substance commonly known as marijuana or any substance containing any quantity of hallucinogenic substances known as tetrahydrocannabinols.
Upon a first conviction for violation of this section the convicted person shall be punished by a fine of not less than $200.00 or greater than $1,000.00, and is guilty of a Class B Misdemeanor. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than six months.
Upon a second conviction of this section, or if the convicted person has a previous conviction of a substantially similar offense under Kansas law or other jurisdiction, the convicted person shall be punished by a fine of not less than $200.00 or greater than $2,500.00, and is guilty of a Class A Misdemeanor. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year.
(b) It shall be unlawful for any person to use or possess with the intent to use any drug paraphernalia to store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
Upon a conviction of this section, the convicted person shall be punished by a fine of not less than $200.00 or greater than $1,000.00, and is guilty of a Class B Misdemeanor. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than six months.
(c) All items and words herein shall be interpreted and defined by the definitions set out in Chapter 65 of the Kansas Statutes Annotated, as the same now exists or is hereafter enacted.
(Ord. 2212)