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

(a)   CURFEW; MINORS. It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter or play in, upon or about any private premises except the residence of such child, or any public premises, including streets and alleys, within the city after the hour of 11 :00 p.m. and before the hour of 6:00 a.m. of any day Sunday through Thursday, and after the hour of 12:00 midnight and before the hour of 6:00 a.m. on Fridays and Saturdays, except that from October 28 through November 2 the curfew shall be in effect after the hour of 9:00 p.m. and before the hour of 6:00 a.m. unless accompanied by parent, legal guardian or other person having legal custody of the child, or unless engaged in the performance of an errand directed by the parent, guardian or legal custodian, pursuant to a written statement dated the day such errand or duty is being performed and signed by such parent, guardian or legal custodian, directing the errand or mission to be performed or unless the child is proceeding with the scope of the mission.

(b)   PARENT; GUARDIAN. It shall be unlawful for any parent, guardian or other person lawfully entitled to the care, custody or control of any child under the age of 18 years to knowingly suffer or permit any child, unless accompanied by parent, legal guardian or custodian, to wander, lounge, loaf, loiter or play on or about a private resident other than the home of the child, or any public premises, including streets and alleys, within the city after the hour of 11:00 p.m. and before the hour of 6:00a.m. of any day Sunday through Thursday, and after the of 12:00 midnight and before the hour of 6:00a.m on Fridays and Saturdays, except that from October 29th through November 2nd the curfew shall be in effect after the hour of 9:00 p.m. and before the hour of 6:00 a.m. of said day.

(c)   PENALTY

(1)   Any minor violating the provisions of this ordinance shall be dealt with in accordance with juvenile court law and procedure or may be prosecuted in the City of Mount Hope, Kansas, Municipal Court and if so prosecuted shall be subject to a fine of not less than twenty-five dollars and not more than five hundred dollars.

(2)   Any police officer finding a minor under the age if eighteen years violating the provisions of this chapter shall cause a written notice to be served upon the parent, guardian or person in charge of such child, setting forth the manner in which the provisions of this Ordinance have been violated. For purposes of this section, notice shall be deemed properly served upon such parent, guardian or person in charge of a child if a copy thereof is served upon him or her personally or if a copy is thereof served by certified mail, return receipt requested, to his or her last known address; provided further, if the notice cannot be conveniently served by the aforesaid, service of the notice is to be made upon such parent, guardian or person in charge of a child by at least one publication in the official newspaper of the City, such publication to contain the conditions and reasons of the notice. Any parent, guardian or person having the care and custody of a child who shall permit such child to violate the provisions of the chapter after receiving written notice that such child previously violated such provisions shall be subject to a fine of not less than twenty-five dollars and not more than five hundred dollars, plus costs.

(Ord. 77-10-18; Ord. 75-2001; Ord. 93-2002; Ord. 187-2011; Code 2013)

(a)   Resisting Arrest is the use or force, or threat of force, to resist, obstruct or interfere with the arrest of a person or persons by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person being arrested or other person resisting, obstructing or interfering with the arrest believes the arrest is unlawful.

(b)   Resisting Arrest is a Class A violation, with a penalty of not more than $2,500.00and not more than 12 months in jail.

(Ord. 75-2001; Ord. 93-2002)

(a)   Except as authorized by the Kansas Uniform Controlled Substances Act, K.S.A. 65-4101, and the amendments thereto, it shall be unlawful for any person to manufacture, possess, have under such person’s control, prescribe, administer, deliver, distribute, dispense or compound:

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

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

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

(4)   Any substance designated in subsection (c) of K.S.A. 65-4111, and any amendments thereto.

(b)   The above controlled substances include narcotic drugs, opiates, barbituric acids, hallucinogenic substances, depressants, and fenfluramines, as defined and includes any salts, derivatives, compounds, isomers or mixtures thereto.

(c)   It shall be unlawful for any person in the city to have in his or her possession any hypodermic needle, spoon, instrument or paraphernalia for use in the consumption of any of the above mentioned substances.

(d)   The particular sections of the Kansas Statutes Annotated referred to above are hereby incorporated herein by reference and made a part of this article as if set out in full herein.

(e)   Any person violating these sections or any part thereof, shall be deemed guilty of a code violation, and shall be punished by a fine of not in excess of $2,5090 or by one year confinement in jail or by both such fine and confinement.

(Ord. 94-4-12B, Secs. 1:5)

(a)   In order to ensure adequate public safety services to persons and property located within the city limits of Mount Hope, Kansas, it is hereby declared that all individual residential units and all individual business units will have affixed thereto in numerals not less than 3 3/4 inches in height the proper street address of the residential business unit and the numbers will be visible from the street that forms part of the proper street address for the residential or business unit.  The address numerals will be attached to the structure not later than the 1st day of May, 1997.

(b)   Any landowner violating subsection (a) shall be punished by a fine not exceeding $20.

(Ord. 27-1997, Secs. 1:2)

Except as provided in K.S.A. 2004 Supp. 8-15,102, and amendments thereto, criminal littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:

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

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

(c)   Criminal littering is an unclassified misdemeanor punishable under the Uniform Public Offense Code by a fine not exceeding $500.00 for each violation.

(d)   In addition to the fines in section (c), a person convicted of littering may be required to pick up litter for a time prescribed by and a place within the jurisdiction of the court.

(Ord. 130-2006; Code 2013)

(a)   Failure to appear is willfully incurring forfeiture of an appearance bond and failing to surrender one’s self within thirty (30) days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before the Municipal Court of the City of Mt. Hope, Kansas, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender one’s self within thirty (30) days after his or her conviction of a misdemeanor has become final by one who has been released on an appearance bond by said Court.

(b)   Any person who is released upon his or her own recognizance without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a) of this section.

(c)   The provisions of subsection (a) of this section shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.

(d)   Failure to appear is a Class B violation.

(Ord. 96-2003; Code 2013)

Window Peeping is unlawfully entering upon the property occupied by another for the purpose of looking or peeping into any window, door, skylight or other opening in a house, room or building for the purpose of observing the occupant or occupants of said house, room or building.

Window Peeping is a Class C violation.

(Ord. 96-2003; Code 2013)

Urinating in Public is urinating upon any highway, street, alley, sidewalk, park, upon the premises of any public place building, or upon any public or private property in open view of any person, when the same has not been designed or designated as a rest room.

(Ord. 96-2003; Code 2013)

Making loud and unnecessary noise is causing, or continuing any unnecessary unusual noise which annoys, injures or endangers the comfort, repose, health and safety of others, including through the use of a loudspeaker or a sound amplifier, unless the making or continuing of such noise is necessary for the protection and preservation of property of the health and safety of some individual.  Nothing in this paragraph shall prevent the playing of bells or chimes by electronic means by any religious organization.

Making loud unnecessary noise is an unclassified misdemeanor conviction of which may be punishable by up to 10 days in jail, a minimum fine of $50.00, and a maximum fine of $500.00 or both such fine and jail.

(Ord. 96-2003; Code 2013; Ord. 215-2015)

Possession of a Weapon is transporting in any vehicle, carrying or possessing in or upon any highway, street, alley, governmental building, public land or park which is open and accessible to the public, any loaded firearm, air rifle, air pistol, or BB gun; any automatic or semi-automatic firearm with a loaded chamber; any dagger, dirk, billy, blackjack, sling shot, straight-edge razor, switch blade, stiletto, or other knife with a blade of more than 4 inches in length. This section does not apply to any person who is exempted by section 10.1 (b) or (c) of the Uniform Public Offense Code.

Possession of a Weapon is a Class B violation. In addition to the penalty for the violation of this section, the Municipal Court Judge may order said weapon forfeited to the City of Mt. Hope, Kansas for destruction or preservation as city property.

(Ord. 96-2003; Code 2013)

(a)   Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any law enforcement officer upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor if (1) the false information is given while the law enforcement officer and (2) the person providing the false information knows or should have known that the person receiving the information is a law enforcement officer.

(b)   No person shall give, either orally or in writing, information to a law enforcement officer while in the performance of his or her duties when such person knows that the information is false.

(c)   Falsely Representing Oneself to A Law Enforcement Officer is a Class B violation.

(Ord. 96-2003; Code 2013)