It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter or play in, about, or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public for public use, whether on foot, or in a vehicle or by any means, during the hours of curfew which are hereby specified for each day of each week as provided, to-wit:
11:00 p.m. Monday to 6:00 a.m. Tuesday;
11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
11:00 p.m. Wednesday to 6:00 a.m. Thursday;
11:00 p.m. Thursday to 6:00 a.m. Friday;
12:30 a.m. Saturday to 6:00 a.m. Saturday;
12:30 a.m. Sunday to 6:00 a.m. Sunday;
11:00 p.m. Sunday to 6:00 a.m. Monday;
unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child. Such prohibition shall not apply to such children under the age of 18 years who are enroute by the most direct and accessible route between their homes and authorized places of employment, authorized entertainment, or authorized place of attendance to their residences. The term authorized as used in this section shall denote and require prior authorization by a parent, legal guardian or other person exercising legal custody.
(Ord. 987, Sec. 1)
It shall be unlawful for any parent, legal guardian, or other person lawfully entitled to the care, custody or control of any child under the age of 18 years, to suffer, permit, or allow, any such child to wander, lounge, loaf, loiter or play in, about, or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public during the hours of curfew as specified in section 11-201 unless accompanied by a parent, legal guardian, or other person legally entitled to the care, custody and control of such child.
(Ord. 987, Sec. 2)
It shall be unlawful for any person to leave a child under ten (10) years of age 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.
(a) Emergency service 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.
(b) A violation of this section shall constitute a public offense and is punishable as set forth in Article 12 of the UPOC. In addition to the penalty provisions as set forth in the UPOC, the Judge may order any person convicted of an offense under this Section to attend and complete a community education program relating to improving parenting skills.
(Ord. 1147, Sec 2; Code 2005)
The governing body of the city does hereby make it unlawful to smoke tobacco products in city buildings owned by the city.
(Ord. 1004, Sec. 1; Code 2005)
It shall be unlawful for any unauthorized person to:
(a) Open, Damage or Remove Coin-operated Machines. To open, damage or remove a coin-operated machine is to willfully and knowingly open, remove or damage any parking meter, coin telephone, vending machine dispensing goods or services, money changer, Automated Teller Machines (ATM) or any other device designed to receive or dispense money in the sale, use or enjoyment of property or services or any part thereof with the intent to commit theft.
(b) Possess of tools for opening, damaging or removing coin-operated machines. Possession of tools for opening, damaging ore removing coin-operated machines is the possession of any key, tool, instrument, explosive or other device (including any drawing, print or mold of a key or other device) specifically designed for or suitable for use in opening or breaking into any parking meter, coin telephone, vending machine dispensing goods or services, money changer, Automated Teller Machine (ATM) or any other device designed to receive or dispense money in the sale, use or enjoyment of property or services with the intent to commit theft.
(Ord. 1147, Sec 3; Code 2005)
(a) Prohibited Acts: It shall be unlawful for any person to:
(1) Deliver, possess, manufacture, have under his control, sell, or offer for sale any drugs, unless:
(A) Such drug 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
(B) 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
(C) Such drug 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.
(4) Possess a drug, unless such person obtained such drug on the prescription of a practitioner or in accordance with subsection (a)(1)(C) above or from a person licensed by the laws of any other state or the District of Columbia to prescribe or dispense drugs.
(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.
(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.
(8) Sell, offer for sale, or have in his possession with the intent to sell any hallucinogenic or stimulating drug.
(b) Exemptions from provisions:
(1) The provisions of subsections (a)(1) and (a)(4) 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:
(C) Persons who procure drugs for:
(i) Disposition by or under the supervision of pharmacists or practitioners employed by them; or
(ii) The purpose of lawful research, teaching or testing and not for resale.
(D) Hospitals and other institutions which procure drugs for lawful administration by or under the supervision of practitioners.
(E) Manufacturers and wholesalers.
(F) 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.
(c) 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 an inventories required by this subsection 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 (c)(1) 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.
(d) 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.
(e) Violation and Penalty: A violation of any of the provisions contained in this Section is a misdemeanor, and any person convicted thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment of up to six (6) months or both such fine and imprisonment. In addition to any other penalty, violation of this Section is hereby declared to be a public nuisance.
(Ord. 1147, Sec. 4; Code 2005)
(a) Use or Possession Unlawful: No person shall use or possess within this City any simulated controlled substance.
(b) Delivery or Manufacture Unlawful:
(1) No person shall deliver, possess with the intent to deliver, manufacture with the intent to deliver or cause to be delivered within this City any simulated controlled substance.
(2) No person shall knowingly deliver or cause to be delivered in this City any substance which is not a controlled substance:
(A) 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.
(B) 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:
(A) The substance was packaged in a manner normally used for the illegal delivery of controlled substances.
(B) 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.
(C) The physical appearance of the capsule or other material containing the substance is substantially similar to a specific controlled substance.
(c) Violation and Penalty: A violation of any of the provisions contained in this Section is a misdemeanor, and any person convicted thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or Imprisonment of up to six (6) months or both such fine and imprisonment. In addition to any other penalty, violation of this Section is hereby declared to be a public nuisance.
(Ord. 1147, Sec. 5; Code 2005)
(a) 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.
(b) 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. 65-4101, 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.
(c) This Section shall not prohibit administration of any substance described in subsection (b) for lawful medical or therapeutic treatment.
(d) Violation and Penalty. Violation of this Section shall constitute a public offense and is punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of up to six (6) months or both such fine and imprisonment.
(Ord. 1147, Sec. 6; Code 2005)
(a) Use or Possession Unlawful: No person shall use or possess with the intent to use within this City any drug paraphernalia used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act.
(b) Delivery or Manufacture Unlawful: No person shall deliver, possess with the intent to deliver, manufacture with the intent to deliver or cause to be delivered within this City 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, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act.
(c) 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 Section 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 was 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.
(d) 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 places of display of any such items for educational or scientific purposes shall not be unlawful.
(e) Violation and Penalty: A violation of any of the provisions contained in this Section is a misdemeanor, and any person convicted thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment of up to six
(6) months or both such fine and imprisonment. In addition to any other penalty, violation of this Section is hereby declared to be a public nuisance.
(Ord. 1147, Sec. 7; Code 2005)
(a) Failure to appear is willfully 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 willfully 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.
(b) 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.
(Ord. 1147, Sec. 9; Code 2005)
(a) 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.
(b) 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.
(Ord. 1147, Sec 10; Code 2005)
It is unlawful for any person to engage in window peeping, which consists of 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.
(Ord. 1147, Sec 11; Code 2005)
Any person who willfully exposes his or her person or private parts in any public place, or from any place which is reasonably calculated to be viewed from a public place, shall, upon conviction, be guilty of a misdemeanor.
(a) Swimming or bathing in the nude in a public place is a violation of this Section.
(b) For the purpose of this Section, the phrase “person or private parts” shall include male and female genitalia, buttocks and female breast.
(Ord. 1147, Sec 12; Code 2005)
Unless specifically stated otherwise, violations under the Sections in this Article shall constitute public offenses and are punishable as set forth in Article 12 of the UPOC.
(Ord. 1147, Sec 13; Code 2005)
(a) The purpose of this section is to prohibit littering in the streets, sidewalks, parks, or other public places within Baldwin City, Kansas.
(b) The following terms, for the purposes of this section, are defined as:
(1) “Garbage” shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(2) “Litter” shall mean garbage, refuse, and rubbish and all other waste material which, if thrown or deposited as prohibited herein, tends to create a danger to public health, safety, and welfare.
(3) “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(4) “Public Place” shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, schools, grounds and buildings.
(5) “Refuse” shall mean putrescible and noputrescible solid wastes including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and parts thereof, solid market and industrial wastes, and construction wastes.
(6) “Rubbish” shall mean nonputrescible solid wastes including, but not limited to: paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding and similar materials.
(7) “Vehicle” shall mean every device, upon or by which any person or property is or may be transported or drawn upon a highway, road or street.
(8) “Yard Maintenance” shall mean the mowing, clipping, shredding, raking, and trimming of vegetation and plants including grass and trees.
(c) No Person shall throw or deposit Litter in any Public Place except in public receptacles for waste collection.
(d) No Person while a driver or passenger in a Vehicle shall throw or deposit Litter upon any Public Place or private property.
(e) No Person shall drive or move any Vehicle unless such Vehicle is constructed or loaded so as to prevent any load, contents or Litter from being blown or deposited upon any Public Place or private property.
(f) It shall be the duty of the owner and the occupant of any private property abutting upon any Public Place to conduct any Yard Maintenance so that all waste from such Yard Maintenance that accumulates in a Public Place adjacent to such private property is removed within 12 hours.
(g) No Person shall sweep into or deposit waste from Yard Maintenance in any gutter, street or other Public Place.
(h) No Person shall throw or deposit Litter on private property except that the owner or Person in control of private property may maintain authorized receptacle for collection in such a manner that Litter will be prevented from being carried or deposited by the wind or other elements upon any Public Place or private property.
(i) The owner or Person in control of any private property shall at all times maintain the premises free of Litter. This Section shall not prohibit the storage of Litter in authorized private receptacles for collection.
(j) Any person violating the provisions of this section shall, upon conviction, be fined in any sum not more than $100.00.
(k) If any owner or person in control of any private property shall refuse or neglect to clean or remove from the sidewalk or street abutting the private property, all Litter within the time specified the City may cause such Litter to be removed from the private property and the cost thereof shall be assessed against such adjoining private property. The city clerk shall certify the same to the county clerk for collection as provided by law.
(l) The City Clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for removal of Litter and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the City, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the City.