(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(b) Sound Amplification System means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.
(c) Plainly Audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard from a distance of 50 feet or more. Measurement standards shall be the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle is an emergency or public safety vehicle;
(3) The vehicle is owned and operated by the city or a gas, electric, communications, or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of person in compliance with ordinances of the city;
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions, carnivals and other activities which have the approval of the city.
(e) Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of an ordinance violation, and upon conviction, shall be punished by fine not to exceed $500 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.
(Ord. 687; Code 2001)
(a) It shall be unlawful for any person to violate, refuse, or fail to comply with a written order of the Jefferson County Health Officer, Jefferson County Board of Health, or the Jefferson County Director of Health issued under their respective authorities, or an Executive Order issued by the Governor of the State of Kansas.
(b) Violating a Public Health Order is a class C misdemeanor.
(Ord. 812)
(a) Possession of Marijuana; Penalties,
(1) It shall be unlawful for any person to manufacture, possess, have under such person’s control, administer, deliver, distribute, dispense or compound marijuana.
(2) As used in this section, “marijuana” means all parts of all varieties of the plant cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted there from, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.
(3) Upon a conviction, plea of no contest or guilty for violation of this section by a person 18 or more years of age, but less than 21 years of age, the Municipal Judge shall order such person to submit to and complete an alcohol and drug evaluation by a community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the judge finds that person is indigent, the fee may be waived.
(b) Use or Possession of Controlled Substances, Simulated Controlled Substances and Drug Paraphernalia; Penalties.
(1) It shall be unlawful for any person to manufacture, possess, have under such person’s control, administer, deliver, distribute, dispense or compound any controlled substances, simulated controlled substances, or drug paraphernalia,
(2) Definitions. As used in this section:
(A) 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.
(B) Deliver or delivery means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.
(C) Drug paraphernalia means all equipment, products and materials of any kind which are used or intended for uses in planting, propagating, cultivating, growing, 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 the Uniform Controlled Substance Act. “Drug paraphernalia” shall include, but is not limited to:
(i) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting species of plant which is a controlled substance or from which controlled substances can be derived.
(ii) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(iii) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(iv) Testing equipment used or intended for use in identifying or analyzing the strength, effectiveness or purity of controlled substances.
(v) Scales and balances used or intended for use in weighing or measuring controlled substances.
(vi) Diluents and adulterants such as quinine, hydrochloride, mannitol mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.
(vii) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana,
(viii) blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(ix) Capsules, balloons, envelopes und other containers used or intended for use in packaging small quantities of controlled substances.
(x) Containers and other objects used. or intended for use in storing or concealing controlled substances,
(xi) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.
(xii) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) Water Pipes;
(c) Carburetion Tubes and Devices;
(d) Smoking and Carburetion Masks;
(e) Roach clips (objects used to hold burning material, such as; marijuana cigarette that has become too small or too short to be held in the hand);
(f) miniature Cocaine spoons and Cocaine vials;
(g) Chamber Pipes;
(h) Carburetor Pipes;
(i) Electric Pipes;
(j) Air-driven Pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice Pipes or Chillers.
(D) Person means any individual, corporation, government or governmental subdivision or agency, business trust, estate trust: partnership, association or other legal entity.
(E) Simulated Controlled Substance means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.
(F) Minor shall mean any person who has not attained eighteen (18) years of age,
(G) 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,
(H) Place of display means any museum, library, school or other similar public place upon which business is not transacted for a profit,
(I) School means any public or private elementary, junior high or high school.
(J) Close proximity means within one thousand five hundred (1,500) feet on a straight line commencing at the property lines nearest to each other.
(K) Premises means a business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.
(3) In determining whether an object is drug paraphernalia, a court or other authority shall consider in addition to all other logically relevant factors, the following:
(A) Statements by an owner or person in control of the object concerning its use.
(B) Prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance.
(C) The proximity of the object in time and space, to a direct violation of the uniform controlled substances act.
(D) The proximity of the object to controlled substances.
(E) The existence of any residue of controlled substances.
(F) 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 the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(G) Oral or written instructions provided with the object concerning its use.
(H) Descriptive materials accompanying the object which explain or depict its use.
(I) National and local advertising concerning the object’s use.
(J) The manner in which the object is displayed for sale.
(K) 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.
(L) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(M) The existence and scope of legitimate uses for the object in the community.
(N) Expert testimony concerning the object’s use.
(4) Sales and Display Prohibited.
(A) It shall be unlawful for any person, Erm or corporation to sell, offer to sell, dispense, give away or display any instrument or simulated controlled substance or simulated drug in or upon any premises which
(i) Are premises open to minors;
(ii) Are places of display; or
(iii) Are in close proximity to a school.
Provided, however, that display of any such items at a place of display for educational or scientific purposes shall not be unlawful,
(5) No person shall use or possess with intent to use:
(A) Any simulated controlled substances; or
(B) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act,
(C) Upon a conviction, plea of no contest or guilty for violation of this section by a person 18 or more years of age, but less than 21 years of age, the Municipal Judge shall order such person to submit to and complete an alcohol and drug evaluation by a community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the judge finds that person is indigent, the fee may be waived.
A person who violates this section shall, unless otherwise stated, be guilty of a Class A public offense.
(Ord. 819)