CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL REGULATIONS

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 other means, after 10:30 p.m. and before 6:00 a.m., unless accompanied by a parent, legal guardian, or other person exercising legal custody of the child; provided, however, that the prohibition shall not apply to those children under the age of 18 years who are en route by the most direct and accessible route between their homes and authorized places of employment, nor to those who are en route by the most direct and accessible route from a place of employment, authorized entertainment, or authorized place of attendance to their residences; provided, further, that the term authorized as used in section shall denote prior authorization by a parent, legal guardian, or other person exercising legal custody.

(Ord. 175, Sec. 1)

It shall be unlawful for any parent, legal guardian or other person lawfully entitled to the care, custody and control of any child under the age of 18 years to suffer, permit, or allow any 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 for public use, after 10:30 p.m. and before 6:00 a.m. unless accompanied by a parent, legal guardian, or other person lawfully entitled to the care, custody and control of the child.

(Ord. 175, Sec. 2)

The governing body of the city, on specific occasions and in response to written requests submitted not less than three calendar days prior to the occasion, shall have the authority to suspend by official proclamation published in the official city newspaper, the hours of curfew.

(Ord. 175, Sec. 3)

It shall be unlawful for any person to store, contain, dispense or in any manner keep the substance known as anhydrous ammonia within the corporate limits of the city.

(Ord. 228, Sec. 1)

(a)   The alarm user of an alarm system, as those terms are defined within Butler County Resolution No. 05-35, that transmits more than three false alarms in any calendar year shall be subject to the following provisions:

(1)   For each false alarm over three in any calendar year that the county is notified of shall pay to Butler County Emergency Communications a fee of $50.00 for the fourth false alarm, a fee of $75.00 for the fifth false alarm and a fee of $100.00 for each false alarm thereafter.

(2)   A false alarm caused by an act of God shall not be considered a false alarm for the purposes of this Ordinance.

(b)   Following the installation of a new alarm service no false alarm fees will be assessed to an alarm customer for 60 days following installation up to a total of 6 false alarms. Any owner claiming this exemption must provide proof of installation date to validate the claim.

(c)   Should an owner contact the communications center to report their alarm being falsely triggered before a responder is on scene and within 4 minutes of the communication center's receiving the alarm, no false alarm fee will be assessed.

(d)   The fees provided for herein shall be payable within 10 days after the owner is invoiced. Alarm users failing to pay false alarm fees shall have those fees certified as a special tax upon the alarmed real estate to the Butler County Treasurer's Office to be collected together with a late fee of $100.00 along with real estate taxes applicable to the alarmed premises.

(Ord. 2005-04; Code 2010)

(a)   Definitions. The following definitions shall apply when the words, terms or phrases defined are used in this code:

(1)   Controlled substance means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

(2)   Deliver or delivery means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

(3)   Drug paraphernalia means all equipment, products and materials of any kind which are used or primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of any municipal, state or federal law relating to any controlled substance. Drug paraphernalia shall include, but is not limited to:

(A)  Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(B)  Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(C)  Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

(D)  Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(E)   Scales and balances used or intended for use in weighing or measuring controlled substances.

(F)   Diluents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.

(G)  Separation gins and sifters used or intended for use in removing twigs and seeds from, or otherwise cleaning or refining marijuana.

(H)  Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

(I)    Capsules, balloons, envelopes, bags and other containers used or intended for use in packaging small quantities of controlled substances.

(J)   Containers and other objects used or intended for use in storing or concealing controlled substances.

(K)  Hypodermic syringes, needles and other objects used, or intended for use, in parenterally injecting controlled substances into the human body.

(L)   Objects used, or primarily intended or designed, for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil, phenylacetone (PCP), methamphetamine or amphetamine into the human body, such as:

(i)         Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(ii)        Water pipes, bongs or smoking pipes designed to draw smoke through water or another cooling device;

(iii)       Carburetion pipes, glass or other heat resistant tubes or any other device used or intended to be used, designed to be used to cause vaporization of a controlled substance for inhalation;

(iv)       Smoking and carburetion masks;

(v)        Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);

(vi)       Miniature cocaine spoons and cocaine vials;

(vii)      Chamber smoking pipes;

(viii)     Carburetor smoking pipes;

(ix)       Electric smoking pipes;

(x)        Air-driven smoking pipes;

(xi)       Chillums;

(xii)      Bongs;

(xiii)     Ice pipes or chillers;

(xiv)     Any smoking pipe manufactured to disguise its intended purpose;

(xv)      Wired cigarette papers; or

(xvi)     Cocaine freebase kits.

(4)   Under circumstances where one reasonably should know shall include, but not be limited to, the following:

(A)  Actual knowledge from prior experience or statements by customers;

(B)  Inappropriate or impractical design for alleged legitimate use;

(C)  Receipt of packaging material, advertising information or other manufacturer supplied information regarding the item's use as drug paraphernalia; or

(D)  Receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.

(5)   Person means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.

(b)   Determination of what is drug paraphernalia. In determining whether an object is drug paraphernalia, the municipal 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 an 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 any municipal, state or federal law relating to any controlled substance.

(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, intends to use the object to facilitate a violation of any municipal, state or federal law relating to any controlled substance. The innocence of an owner or person in control of the object as to a direct violation of any municipal, state or federal law relating to any controlled substance 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 materials accompanying the object which explain or depict 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.

(15) Any evidence that alleged paraphernalia can or has been used to store a controlled substance or to introduce a controlled substance into the human body as opposed to any legitimate use for the alleged paraphernalia.

(16) Advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, sale or cultivation of controlled substances.

(c)   Use or possession of drug paraphernalia. No person shall use or possess with intent to use any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance, or to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of any municipal, state or federal law relating to any controlled substance.

(d)   Sale or delivery of drug paraphernalia. No person shall sell, offer for sale, have in such person's possession with intent to sell, deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered, any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance, or that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack repack, sell or distribute a controlled substance in violation of any municipal, state or federal law relating to any controlled substance.

(e)   The fact that an item has not yet been used or did not contain a controlled substance at the time of the seizure is not a defense to a charge that the item was possessed with the intention for use as drug paraphernalia.

(f)   Violation of this section is a class A violation as defined in the uniform public offense code.

(g)   In addition to prosecution in municipal court for a violation of this section, the city counselor or city prosecutor may seek an injunction in district court to cease and prevent the sale, offering for sale, or advertising of drug paraphernalia.

(h)   Any drug paraphernalia seized by a law enforcement officer shall be deemed to be forfeited to the police department and the drug paraphernalia shall be ordered by the municipal court to be destroyed upon completion of the prosecution of possession of drug paraphernalia.

(K.S.A. 21-36a09; Code 2010)

(a)   Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person's control the hallucinogenic drug designated in K.S.A. 21-36a01(j) [L. 2009, ch. 32, § 1] and amendments thereto, commonly referred to as marijuana, as used in this section and Code.

(b)   Agency relationship. It shall not be a defense to a charge arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving marijuana.

(c)   Possession of marijuana is a class A violation as defined in the uniform public offense code.

(K.S.A. 21-36a06; Code 2010)