CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Provisions

(a)   Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., or any amendments thereto, it is unlawful for any person to use or possess any of the following controlled substances, controlled substance analogs, or simulated controlled substance thereof:

(b)   Controlled substance means any drug, substance or immediate precursor of the following:

(1)   Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109, or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(2)   Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4), (d)(5) (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(3)   Any hallucinogenic drug designated in subsection (d) of K.S A. 65-4105, subsection (g) of K.S.A. 65-4107, or subsection (g) of K.S.A. 65-4109 and amendments thereto;

(4)   Any substance designated in subsections (g) of K.S.A. 65-4105 and subsections (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto;

(5)   Any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto;

(6)   Any substance designated in K.S.A. 65-4113, and amendments thereto; or

(7)   Any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto.

(c)   Except as provided by subsection (c)(2)

(1)   Violation of subsection (b) is a class A nonperson misdemeanor;

(2)   If the substance involved is marijuana, as described in K.S.A. 65-4105(d), and amendments thereto, violation of subsection (b) is a:

(A)  class B nonperson misdemeanor, except as provided in (c)(2)(B);

(B)   class A nonperson misdemeanor if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.

(d)   It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.

(Ord. 224; Ord. 271; Ord. 287; Ord. 292; Code 2022)

(a)   The Governing Body finds the appearance of persons in a state of nudity in public places which are not provided or set apart for nudity, generally increases incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to our community, and facilitates other activities which break down family structure and values. Without regulation, appearing in a state of nudity in a public place which is not a public place provided or set apart for nudity constitutes harmful conduct. The regulation of public nudity will protect the public health, safety, morals and welfare of the people of our community.

(b)   Public Nudity Prohibited. It shall be a Public Offense for any person to knowingly or intentionally appear in a state of nudity in a public place.

(c)   Definitions. As used in this Section:

Nudity means to show or expose with less than a fully opaque covering, the human male or female genitals, pubic region or pubic hair, or buttock, or female breast or breasts below a point immediately above the top of the areola or nipple.

Public Place means a place to which the general public is admitted or area generally visible to public view, whether for free or upon payment of an admission charge

(d)   Exemptions. The prohibitions in this Section shall not apply:

(1)   To any child under ten (10) years of age;

(2)   To the breast feeding of a child;

(3)   When the conduct of being nude cannot constitutionally be prohibited by this Section because it constitutes conduct which is protected by the United States or Kansas Constitution.

(e)   Violation/Penalty. Any person or entity violating the provisions of this Section shall be guilty of a Public Offense and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment of not more than six months or by both such fine and imprisonment.

(Ord. 227; Code 2022)

(a)   Window Peeping Prohibited. It shall be unlawful in the City of Lake Quivira, Kansas for any person to engage in the act of window peeping, which is the going upon or remaining on property owned or occupied by another to look into any window, door, skylight or other opening of a house, room, apartment or other building belonging to or occupied by another without such person’s consent for the purpose of conducting voyeuristic activity, regardless of whether the person is actually able to see inside the house, room, apartment or other building.

(b)   Violation/Penalty. Any person or entity violating the provisions of this Section shall be guilty of a public offense and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment of not more than six months or by both such fine and imprisonment.

(Ord. 228; Code 2022)

(a)   It is unlawful for any person to hunt, pursue, seek or chase any animal within the city limits of the City, whether the animal is wild or domestic, by use of any weapon, to include, but not be limited to, all gauges of rifles, shotguns, pistols or bow or crossbow and arrow.

(b)   This Section shall be in full force and effect upon all property, whether public or private, of any zoning classification or category, within the existing corporate city limits of the City, as the same now exists or may legally exist at the time of any perceived violation of this Section.

(c)   Any person violating the provisions of this Section shall be guilty of a Class A Offense.

(d)   This Section shall not apply to hunting authorized by and in accordance with a valid and current Urban Deer Management Permit issued and approved by the Governing Body.

(Ord. 87; Ord. 261; Code 2022)

Littering is dumping, throwing, placing, depositing or leaving, or causing to be dumped, thrown, placed, deposited or left, any refuse, paper, trash, glass, nails, tacks, wire, bottles, cans, yard trash, concrete, earthen fill, garbage, containers, other debris of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:

(a)   Any public street, highway, alley, road, right of way, park or other public place, except by direction of some public officer or employee authorized by law to direct or permit such acts;

(b)   Any private or public lake, river, stream, ditch, watercourse, retention or detention basin or other body of water that regularly or periodically carries surface water; or

(c)   Any private property without the consent of the owner or occupant of such property.

It shall be unlawful for any person to commit the act of littering within the City of Lake Quivira, Kansas. Any violation of this Section shall be deemed a public offense and any person convicted of such violation shall be punished by a fine of not less than $100.00 nor more than $500.00.

(Ord. 208; Code 2022)