There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Hoisington, Kansas, that certain code known as the “Uniform Public Offense Code, 39th Edition”, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. Provided, Sections 9.9.1, 9.9.2, 9.9.3, 9.9.4, and 9.9.5 are hereby omitted and deleted. One copy of said Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1572” and to which shall be attached a copy of this article or said ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 2006; Ord. 1381; Ord. 1400; Ord. 1423; Ord. 1448; Ord. 1461; Ord. 1471; Ord. 1502; Ord. 1516; Ord. 1525; Ord. 1531; Ord. 1536; Ord. 1543; Ord. 1547; Ord. 1556; Ord. 1568; Ord. 1572)

Section 6.8 of the Uniform Public Offense Code shall be amended to read as follows:

6.8 Littering.

(a)   Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited, or left any refuse of any kind or any object or substance which tends to pollute, mar, or deface, into, upon or about:

(1)   Any public street, highway, alley, road, or right-of-way, park or other public place or public property, or any lake” stream, watercourse, or other body of water except by direction of some police officer employee authorized by law to direct and permit such acts;

(2)   Any private property without the consent of the owner or occupant of such property. (K.S.A. Supp. 21-3122)

(b)   It shall specifically be unlawful for any person to cause refuse to be deposited upon city-owned property unless the refuse is deposited in an authorized receptacle. Refuse placed in the receptacles shall not weigh in excess of 50 pounds. Any person who shall deposit refuse in a municipally-owned container weighing in excess of 50 pounds shall be deemed in violation of this section. Further, any person who shall deposit refuse on city property in any place other than inside the municipally-owned receptacle shall be deemed to be in violation of this section.

(c)   The violation of this section shall be considered a Class C violation.

(Ord. 1091, Sec. 1)

Section 10.5 of the Uniform Public Offense Code shall be amended to read as follows:

10.5 Unlawful Discharge of Firearms.

       Unlawful discharge of firearms is the discharging or firing of any gun, rifle pistol, revolver or other firearm within the city. This section shall not be construed to apply:

(a)   To the discharge of firearms by a duly authorized law enforcement officer when necessary in the discharge of his or her official duties;

(b)   To the discharge of firearms in any licensed shooting gallery;

(c)   To firing squads for ceremonials;

(d)   To starters at athletic events;

(e)   To a legitimate gunsmith in pursuit of his or her trade, nor,

(f)   To the discharge of firearms using blank cartridges at special events as authorized by the governing body.

Unlawful discharge of firearms is a Class B violation.

(Ord. 1166, Sec 1)

(a)   Section 3.8 of Article 3 of the Uniform Public Offense Code relating to violation of a protection from abuse order is hereby omitted and deleted.

(b)   Section 3.8.1 of Article 3 of the Uniform Public Offense Code  relating to violation of a protective order is hereby omitted and deleted.

(c)   Sections 9.9.1, 9.9.2, 9.9.3, 9.9.4, and 9.9.5 are hereby omitted and deleted.

(Ord. 1502; Ord. 1568)