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

The governing body of the city has determined, and hereby finds, that a problem exists within its territorial limits involving the exposure of children of elementary, junior high school, and high school age to the use of drugs and controlled substances other than as authorized by law. The governing body also determines, and hereby finds, that the display and availability for sale of certain instruments and drug-related paraphernalia, simulated drugs and simulated controlled substances, all hereinafter enumerated and defined, contributes to the usage of drugs and controlled substances by the youth of the community by creating an atmosphere of apparent condonation by the community. The governing body further finds that the promotion and sale of products containing substances which may be harmless and inert in themselves, but which are packaged or designed to simulate controlled substances or drugs, are harmful in that they promote and encourage entry into the drug culture and foster respectability for drug use and abuse. The governing body further finds that it is to the best interests of the health, safety, and welfare of the community to prohibit the display and sale of drug-related instruments and paraphernalia, simulated controlled substances and drugs.

(Ord. 1059, Sec. 1)

When used in this article the following words and phrases shall have the meaning ascribed to then herein:

(a)   Controlled Substance - means any drug or substance included in Schedules I through V of the Uniform Controlled Substance Act, Chapter 65, Article 41 of the Kansas Statutes Annotated.

(b)   Drug - means:

(1)   Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

(2)   Substances intended for use in the diagnosis, cure, medication, treatment, or prevention of disease in man or animal;

(3)   Substances other than food intended to affect the structure or any function of the body of man or animal; and

(4)   Substances intended for use as component of any article specified in Subsection (b) of this subsection, but does not include devices or their components, parts, or accessories.

(c)   Instrument - means any machine, instrument, tool, equipment, contrivance or device which an average person would reasonably conclude is intended to be used in ingesting, smoking, administering, or preparing marijuana, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance or drug. The term instrument also means any machine, instrument, tool, equipment, contrivance or device to test the strength, effectiveness or purity of any controlled substance or drug, under circumstances in violation of the laws of this state.

(d)   Minor - shall mean any person who has not attained 18 years of age.

(e)   Premises Open to Minors - means any business establishment which sells its wares or merchandise to minors, or which permits minors to enter into its place of business.

(f)   Simulated Drugs and Simulated Controlled Substances - are any products which identify themselves by using a common name or slang term associated with controlled substance or drug, or indicate by label or accompanying promotional material that the product simulates the effect of a controlled substance or drug.

(g)   Place of Display - means any museum, library, school, or other public place upon which business is not transacted for a profit.

(h)   Premises means a business establishment and the structure of which it is a part, and appurtenances therein and grounds, areas and facilities held out for the use of patrons or to which the public has ready access.

(Ord. 1059, Sec. 2; Code 1985)

Subject to the provisions of K.S.A. 65- 4150:4157 (inclusive), it shall be unlawful for any person, firm or corporation to sell, offer to sell, dispense or give away to any person over the age of 18 years, or display any instrument in or on any premises which are open to minors. However, display of any instruments at a place of display for educational or scientific purpose shall not be unlawful.

(Ord. 1059, Sec. 3; Code 1985)

Subject to the provisions of K.S.A. 65-4150:4157 (inclusive), it shall be unlawful for any person, firm or corporation to sell, offer to sell, dispense or give away to any person over the age of 18 years, or display any simulated controlled substance or simulated drug in or upon any premises which are open to minors. However, the display of simulated controlled substances or simulated drug at a place of display for educational or scientific purposes shall not be unlawful.

(Ord. 1059, Sec. 4)

In the event any section, subsection, sentence, clause, or phrase of this article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this article, all of which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof.

(Ord. 1059, Sec. 7)

(a)   It shall be unlawful for any person to obstruct the passage of the city's utility personnel and vehicles on and/or through any utility easement in the city regardless of how such easement was created.

(b)   If the owner, occupant, and/or person in charge of the property which is obstructing a utility easement, does not remove the obstructions, the city or its authorized agent will remove the obstruction and assess the cost of the removal against the owner, occupant, and/or the person in charge of the property.

(c)   The owner, occupant, and/or the person in charge of the property shall be given a reasonable amount of time to pay the assessment and, if it is not paid, the assessment will be added to the property tax as a special assessment.

(d)   Any person violating this section shall be fined not more than $50.00. Each day that any such violation shall occur is a new violation subject to the penalties as set forth above.

(Ord. 1162, Secs. 1:4)

(a)   It is unlawful for any person to make or cause or permit to be made or caused upon any premises occupied by him, or in any vehicle operated by that person, or in or upon any public street, alley, thoroughfare or public park in the city, any loud and unnecessary noise or sound which is physically annoying to persons or which is so harsh or so prolonged in its use, time and place as to occasion physical discomfort, or which is injurious to the health, peace, comfort, privacy and tranquility of the inhabitants of the city or to any of them.

(b)   It is unlawful for any person to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, boom box, cd player or other machine or device for the production or reproduction of sound at a louder volume than is necessary for the convenient hearing of the person so playing, using or operating such instrument or device and of other persons who are voluntary listeners thereto, or in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants.

(c)   It is unlawful for any person, for advertising purposes or for the purpose of attracting attention of the passing public, to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, boom box, cd player, loudspeaker, sound amplifier or other machine or device for producing or reproducing any sound on the streets or public places of the city or in any place where the sound therefrom is blast directly upon the streets or public places, or which is so placed or operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers on any street or in any public place, or of persons in neighboring premises.

(d)   It is unlawful for any person to sound any horn, bell or other warning device on any automobile or other vehicle, except when required by law or when necessary to give warning of impending danger to persons driving other vehicles or persons upon or about to come upon a public street.

(e)   Nothing in this section shall be construed to prohibit the playing by a band or orchestra in a hall, building or in the open air, or to prohibit the ringing of church bells.

(f)   Penalties for violation of this section shall be defined by the Standard Traffic Ordinance, as adopted by Section 14-101.

(Ord. 1245; Code 2006)

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.  This section shall not apply to urination or defecation utilizing fixtures in any public or private restroom or other facility designed for the sanitary disposal of human waste.  Upon conviction of a violation of this section, the defendant shall be fined or imprisoned, or both, pursuant to the general penalty provision of the Code of the City of Hoisington, Kansas, Section 1-116.

(Ord. 1513)