marine0300
Regular Member
http://www.gardnerkansas.gov/council_agenda_110512
http://www.gardnerkansas.gov/images...gendas/110512/NB2_a_CAF_Ord 2012 UPOC_dkp.pdf
COUNCIL ACTION FORM NEW BUSINESS ITEM NO. 2
MEETING DATE: NOVEMBER 5, 2012
STAFF CONTACT: LAURA GOURLEY, FINANCE DIRECTOR
Agenda Item: Consider passing an ordinance adopting the “Uniform Public Offense Code for Kansas Cities: Edition of 2012”
Department: Finance
Background/Description of Item:
Each year, the League of Kansas Municipalities publishes the “Uniform Public Offense Code for Kansas Cities.” Gardner routinely adds provisions for riding or leading horses upon the Gardner golf course, brandishing a weapon, explosives, storage of explosives, nitroglycerin, controlled substances, discharge of fireworks prohibited, sale of fireworks, prohibition of sex bookstores, coin-operated motion picture devices showing sex movies and eating or drinking establishments featuring nude dancers or similar entertainment. Gardner normally deletes Section 10.13 which states that barbed wire fences are illegal.
Other routine changes for this year include updating the reference to the Uniform Public Offense Code for Kansas Cities to reflect the 2012 edition and updating the reference to the City of Gardner Uniform Public Offense Code Ordinance to reflect the 2012 edition. A minor “housekeeping” change was made in Section 9.05.020 to change a reference from “The Department of Public Safety” to “The Police Department.”
Although City Attorney Hubbard believes our current code is in compliance with Kansas statutes, in response to recent discussion related to the carrying of weapons, a clarifying change is also recommended to Section 10.3.2 of the City’s Municipal Code by City Attorney Hubbard in concurrence with Capt. Moore.
The Code currently reads:
10.3.2 CARRYING OR BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
Violation of this section is an unclassified misdemeanor.
City Attorney Hubbard and Capt. Moore recommend the following change to the section title and the insertion of paragraph (d), as shown:
10.3.2 CARRYING OR BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
(d) Carrying on one’s person any unconcealed, loaded firearm, while on property open to the public, except when on one’s land or in one’s abode or fixed place of business, unless the firearm is carried in a holster with its safety in place and such weapon remains within the immediate control of the person at all times.
Violation of this section is an unclassified misdemeanor.
Judge Lewis and Prosecutor Reecht also reviewed and approved the League’s 2012 Edition and the changes to Section 10.3.2 recommended by City Attorney Hubbard and Capt. Moore.
Staff Recommendation:
Pass Ordinance No. ____ adopting the “Uniform Public Offense Code for Kansas Cities: Edition of 2012” with additions and amendments as written.
ORDINANCE NO. ____
AN ORDINANCE FIXING CERTAIN STANDARDS OF CONDUCT FOR PERSONS WITHIN THE CITY OF GARDNER, KANSAS; MAKING VIOLATION OF ANY SUCH STANDARDS A PUBLIC OFFENSE, SUBJECT TO PENALTY; INCORPORATING BY REFERENCE THE "UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES: EDITION OF 2012", AND ALL ACTS SUPPLEMENTARY AND AMENDATORY THERETO, PREPARED AND PUBLISHED IN BOOKLET FORM BY THE LEAGUE OF KANSAS MUNICIPALITIES; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, UNDER THE PROVISIONS OF K.S.A. 12-3009 THROUGH 12-3012 AND K.S.A. 12-3301 AND 12-3302.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION ONE. That certain standard code known as the "Uniform Public Offense Code for Kansas Cities: Edition of 2012", prepared and published by the League of Kansas Municipalities, 300 Southwest 8th Avenue, Topeka, Kansas 66063, is hereby incorporated by reference herein and made a part of this ordinance including supplements and amendments, thereto, save and except such portions as may hereinafter be deleted, added or amended, as authorized and in the manner prescribed by the Statutes of the State of Kansas.
SECTION TWO. That Chapter 9.05 of the Municipal Code of the City of Gardner, Kansas 2008, be and the same is hereby amended to read as follows:
CHAPTER 9.05 Uniform Offense Code.
9.05.010 UNIFORM OFFENSE CODE. The certain standard code known as the "Uniform Public Offense Code for Kansas Cities: Edition of 2012", prepared and published by the League of Kansas Municipalities, 300 Southwest 8th Avenue, Topeka, Kansas 66603 is hereby incorporated by reference herein and made a part of this chapter, including supplements and amendments thereto, save and except such portions as are hereinafter deleted, added or amended by this chapter. (K.S.A. 12-3009 through 12-3012, K.S.A. 12-3301, K.S.A. 12-3302)
9.05.020 MARKED COPIES OF STANDARD CODE ON FILE. No fewer than three copies of the Uniform Code shall be marked or stamped "Official Copy, adopted by Ordinance No. _____." All sections of portions of the filed copies of the standard code shall be clearly marked to show deletions from the standard code. Any additions shall be clearly described to show such addition to said standard code and a copy of the ordinance shall be attached to it and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Police Department, Municipal Court Judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of said standard code, similarly marked, deleted and changed as may be deemed expedient.
9.05.030 AMENDMENTS AND ADDITIONS TO UNIFORM PUBLIC OFFENSE CODE. The following amendments to the Uniform Public Offense Code are hereby made:
4.6 DEFINITIONS. For the purpose of this article, the definitions provided by K.S.A. 21-3501 of “sexual intercourse”, “sodomy”, “spouse”, and “unlawful sexual act” shall apply unless a different meaning is plainly required.
6.26 RIDING OR LEADING HORSES, OPERATING UNAUTHORIZED VEHICLES UPON GARDNER GOLF COURSE. It shall be unlawful for any person to ride or lead a horse or operate a vehicle other than an electric or gasoline powered golf cart upon the fairways or other grassy playing areas of Gardner Golf Course.
Nothing in this section shall prohibit the use of mowing devices attached to or integral with tractors or riding lawn mowers when operated by employees of the City of Gardner or Gardner Golf Course.
Violation of this section is an unclassified misdemeanor.
10.3.2 BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
(d) Carrying on one’s person any unconcealed, loaded firearm, while on property open to the public, except when on one’s land or in one’s abode or fixed place of business, unless the firearm is carried in a holster with its safety in place and such weapon remains within the immediate control of the person at all times.
Violation of this section is an unclassified misdemeanor.
10.9.1 EXPLOSIVES.
http://www.gardnerkansas.gov/images...gendas/110512/NB2_a_CAF_Ord 2012 UPOC_dkp.pdf
COUNCIL ACTION FORM NEW BUSINESS ITEM NO. 2
MEETING DATE: NOVEMBER 5, 2012
STAFF CONTACT: LAURA GOURLEY, FINANCE DIRECTOR
Agenda Item: Consider passing an ordinance adopting the “Uniform Public Offense Code for Kansas Cities: Edition of 2012”
Department: Finance
Background/Description of Item:
Each year, the League of Kansas Municipalities publishes the “Uniform Public Offense Code for Kansas Cities.” Gardner routinely adds provisions for riding or leading horses upon the Gardner golf course, brandishing a weapon, explosives, storage of explosives, nitroglycerin, controlled substances, discharge of fireworks prohibited, sale of fireworks, prohibition of sex bookstores, coin-operated motion picture devices showing sex movies and eating or drinking establishments featuring nude dancers or similar entertainment. Gardner normally deletes Section 10.13 which states that barbed wire fences are illegal.
Other routine changes for this year include updating the reference to the Uniform Public Offense Code for Kansas Cities to reflect the 2012 edition and updating the reference to the City of Gardner Uniform Public Offense Code Ordinance to reflect the 2012 edition. A minor “housekeeping” change was made in Section 9.05.020 to change a reference from “The Department of Public Safety” to “The Police Department.”
Although City Attorney Hubbard believes our current code is in compliance with Kansas statutes, in response to recent discussion related to the carrying of weapons, a clarifying change is also recommended to Section 10.3.2 of the City’s Municipal Code by City Attorney Hubbard in concurrence with Capt. Moore.
The Code currently reads:
10.3.2 CARRYING OR BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
Violation of this section is an unclassified misdemeanor.
City Attorney Hubbard and Capt. Moore recommend the following change to the section title and the insertion of paragraph (d), as shown:
10.3.2 CARRYING OR BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
(d) Carrying on one’s person any unconcealed, loaded firearm, while on property open to the public, except when on one’s land or in one’s abode or fixed place of business, unless the firearm is carried in a holster with its safety in place and such weapon remains within the immediate control of the person at all times.
Violation of this section is an unclassified misdemeanor.
Judge Lewis and Prosecutor Reecht also reviewed and approved the League’s 2012 Edition and the changes to Section 10.3.2 recommended by City Attorney Hubbard and Capt. Moore.
Staff Recommendation:
Pass Ordinance No. ____ adopting the “Uniform Public Offense Code for Kansas Cities: Edition of 2012” with additions and amendments as written.
ORDINANCE NO. ____
AN ORDINANCE FIXING CERTAIN STANDARDS OF CONDUCT FOR PERSONS WITHIN THE CITY OF GARDNER, KANSAS; MAKING VIOLATION OF ANY SUCH STANDARDS A PUBLIC OFFENSE, SUBJECT TO PENALTY; INCORPORATING BY REFERENCE THE "UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES: EDITION OF 2012", AND ALL ACTS SUPPLEMENTARY AND AMENDATORY THERETO, PREPARED AND PUBLISHED IN BOOKLET FORM BY THE LEAGUE OF KANSAS MUNICIPALITIES; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, UNDER THE PROVISIONS OF K.S.A. 12-3009 THROUGH 12-3012 AND K.S.A. 12-3301 AND 12-3302.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION ONE. That certain standard code known as the "Uniform Public Offense Code for Kansas Cities: Edition of 2012", prepared and published by the League of Kansas Municipalities, 300 Southwest 8th Avenue, Topeka, Kansas 66063, is hereby incorporated by reference herein and made a part of this ordinance including supplements and amendments, thereto, save and except such portions as may hereinafter be deleted, added or amended, as authorized and in the manner prescribed by the Statutes of the State of Kansas.
SECTION TWO. That Chapter 9.05 of the Municipal Code of the City of Gardner, Kansas 2008, be and the same is hereby amended to read as follows:
CHAPTER 9.05 Uniform Offense Code.
9.05.010 UNIFORM OFFENSE CODE. The certain standard code known as the "Uniform Public Offense Code for Kansas Cities: Edition of 2012", prepared and published by the League of Kansas Municipalities, 300 Southwest 8th Avenue, Topeka, Kansas 66603 is hereby incorporated by reference herein and made a part of this chapter, including supplements and amendments thereto, save and except such portions as are hereinafter deleted, added or amended by this chapter. (K.S.A. 12-3009 through 12-3012, K.S.A. 12-3301, K.S.A. 12-3302)
9.05.020 MARKED COPIES OF STANDARD CODE ON FILE. No fewer than three copies of the Uniform Code shall be marked or stamped "Official Copy, adopted by Ordinance No. _____." All sections of portions of the filed copies of the standard code shall be clearly marked to show deletions from the standard code. Any additions shall be clearly described to show such addition to said standard code and a copy of the ordinance shall be attached to it and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Police Department, Municipal Court Judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of said standard code, similarly marked, deleted and changed as may be deemed expedient.
9.05.030 AMENDMENTS AND ADDITIONS TO UNIFORM PUBLIC OFFENSE CODE. The following amendments to the Uniform Public Offense Code are hereby made:
4.6 DEFINITIONS. For the purpose of this article, the definitions provided by K.S.A. 21-3501 of “sexual intercourse”, “sodomy”, “spouse”, and “unlawful sexual act” shall apply unless a different meaning is plainly required.
6.26 RIDING OR LEADING HORSES, OPERATING UNAUTHORIZED VEHICLES UPON GARDNER GOLF COURSE. It shall be unlawful for any person to ride or lead a horse or operate a vehicle other than an electric or gasoline powered golf cart upon the fairways or other grassy playing areas of Gardner Golf Course.
Nothing in this section shall prohibit the use of mowing devices attached to or integral with tractors or riding lawn mowers when operated by employees of the City of Gardner or Gardner Golf Course.
Violation of this section is an unclassified misdemeanor.
10.3.2 BRANDISHING A WEAPON.
(a) It shall be unlawful for any person to brandish any weapon in public view within the City.
(b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.
(c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.
(d) Carrying on one’s person any unconcealed, loaded firearm, while on property open to the public, except when on one’s land or in one’s abode or fixed place of business, unless the firearm is carried in a holster with its safety in place and such weapon remains within the immediate control of the person at all times.
Violation of this section is an unclassified misdemeanor.
10.9.1 EXPLOSIVES.