CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. 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 Goddard, Kansas, that certain uniform public offense code known as the “Uniform Public Offense Code for Kansas Cities,” Edition of 2016, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except certain 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 “Official Copy as adopted by Ordinance No. 788 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 enforcement of the Code shall be supplied, at the cost of the City, such number of official copies of such Uniform Public Offense Code similarly marked, as may be deemed expedient.

(Ord. 553; Code 2001; Ord. 567; Ord. 587; Ord. 604; Ord. 608; Ord. 623; Ord. 638; Ord. 656; Ord. 661; Ord. 676; Ord. 695; Ord. 704; Ord. 721; Code 2012; Ord. 733; Ord. 746; Ord. 758; Ord. 775; Ord. 788)

The following offenses are hereby added to the Uniform Public Offense Code, as herein adopted, to-wit:

6.26       UNLAWFULLY DEPOSITING SOLID WASTE

              Unlawfully Depositing Solid Waste is depositing or causing to be deposited any solid waste into, upon or about:

(a)          any highway, street, alley, right-of-way, sidewalk, park or other public place, or any lake, stream, watercourse, or other body of water except as within a receptacle provided for public solid waste or by direction of some public official or employee authorized by law to direct or permit such acts; or

(b)          any private property without the consent of the owner or occupant of such property.

              For the purpose of this section, “Solid waste” means and shall include putrescent waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and nonputrescent materials such as paper, tin cans, bottles, glass, ashes, lawn and tree waste, appliances, furniture, electronics, construction waste, batteries, tires, motor oil and hazardous materials.

Unlawfully Depositing Solid Waste is a class C violation..

7.15       RESISTING ARREST

              Resisting Arrest is the use or force, or threat of force, to resist, obstruct or interfere with the arrest of a person or persons 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 being arrested or other person resisting, obstructing or interfering with the arrest believes the arrest is unlawful.

              Resisting Arrest is a class A violation.

7.16       INTIMIDATION OF A WITNESS OR VICTIM

              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 or criminal trial, proceeding or inquiry authorized by law; or

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

(A)         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; .

(B)          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;

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

(D)         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.

7.17       INTERFERENCE WITH PARENTAL CUSTODY

              Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, when done by a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.

              It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.

              Interference with Parental Custody is a class A violation.

9.14       URINATING IN PUBLIC

              Urinating in Public is urinating upon any highway, street, alley, sidewalk, park, upon the premises of any public place or building, or upon any public or private property in open view of any person, when the same has not been designed or designated as a rest room.

              Urinating in Public is a class C violation..

9.15       WINDOW PEEPING

              Window Peeping is unlawfully entering upon the property occupied by another for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building for the purpose of observing the occupant or occupants o(said house, room or building.

              Window Peeping is a class C violation..

9.16       PUBLIC INDECENCY

              It shall be unlawful for any person to knowingly or intentionally, in a public place:

(1)          engage in sexual intercourse;

(2)          engage in deviant sexual conduct;

(3)          appear in a state of nudity; or

(4)          fondle the genitals of himself! herself or another person.

              For the purpose of this section, “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..

10.27     POSSESSION OF DRUGS

              Possession of Drugs is manufacturing, possessing, controlling, prescribing, administering, delivering, distributing, dispensing, or compounding any depressant, stimulant or hallucinogenic drug in -violation of the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

              Possession of Drugs is a class A violation.

10.28     POSSESSION OF MARIJUANA

              Possession of Marijuana is possessing or controlling marijuana in violation of the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

              Possession of Marijuana is a class A violation..

10.29     POSSESSION OF DRUG PARAPHERNALIA

              Possession of Drug Paraphernalia is possessing or controlling any instrument, device or drug paraphernalia which is used to possess, conceal, smoke, administer, manufacture, or sell -any illegal drug pursuant to the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

              Possession of Drug Paraphernalia is a class A violation..

(Ord. 695; Ord. 704; Ord. 721; Code 2012; Ord. 733; Ord. 746; Ord. 758; Ord. 775; Ord. 788)