CHAPTER IX. PUBLIC OFFENSESCHAPTER IX. PUBLIC OFFENSES\ARTICLE 2. MISCELLANEOUS OFFENSES

No person shall ride otherwise operator any bicycle or other similar vehicle on any public sidewalk. Upon conviction of this section, said person shall be fined in any sum not exceeding One Hundred Dollars ($100).

(R.O. 1965, Sec. 9-1114)

(a)   Loud Sound Amplification Systems Prohibited.

(1)   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, on or about the vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle.

(2)   Sound amplification system means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(3)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by 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.

(4)   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:

(A)  The system was being operated to request medical or vehicular assistance, or to warn of a hazardous road condition;

(B)  The vehicle was an emergency or public safety vehicle;

(C)  The vehicle was owned and operated by the city, other municipality or public agency, or a gas, electric, communications or refuse company;

(D)  The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with the ordinances of the city;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sport events, musical productions and other activities which have the approval of the city.

(Ord. 1189; Code 2015)

(a)   It shall be unlawful for any child under the age of eighteen (18) years and for the a parent, guardian, or legal custodian of any child under the age of eighteen (18) years to knowingly permit such child, to be in, upon, or about any private premises, except the residence of such child, or any public place after 12:00 a.m. and before 6:00 a.m., unless accompanied by a parent, legal guardian or custodian.

(b)   It shall be unlawful for any person to be present or to be found upon any city owned property or city park, other than city streets, alleys, roads and highway after 11:00 p.m. and before 6:00 p.m. However, the provisions of this section shall not apply to any person employed by or authorized by the city to be present on said premises.

(c)   Any person violating any provisions of this ordinance shall be subject to prosecution in the Municipal Court of the city, and upon conviction, said person shall be fined in a sum not exceeding $500. Any second or subsequent curfew violation by a child under the age of eighteen (18) shall subject the parent, guardian or custodian of said child to prosecution in the Municipal Court, and upon conviction, said parent, guardian or custodian shall be fined in a sum not to exceed $500. The prosecution of curfew violations shall be an exception to the provisions of Section 8-106 of the Code of the City of Wakefield, Kansas (1998).

(Ord. 1178; Ord. 1192; Ord. 1241; Code 2015)

(a)   Noise Nuisances Prohibited.

(1)   No person, whether on private or public property, shall operate any motor vehicle, mechanical device or machine, or any electric sound system, nor shall any person allow the operation of such device or system on their property, or permit property under the control of the offender(s) to be used for such device or system, when the noise from such operation is of a volume, frequency and duration to constitute an unreasonable annoyance to others or interfere with the other’s use and enjoyment of their property.

(2)   The provisions of subsection (a) shall not apply to the operation of emergency or public safety vehicles, public address systems used in connection with authorized activities or ·sporting events, or other authorized public activities such as parades.

(3)   No person shall operate a motor vehicle within said city unless said vehicle is equipped, maintained and operated so as to prevent excessive or unusual noise. Any motor vehicle operated within said city shall at all times be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall operate a vehicle with a muffler cut-out, bypass or similar device.

(4)   No person, whether on private or public property, shall operate a motor vehicle, which operation causes unnecessary or excessive noise during the acceleration, deceleration, or braking of said vehicle.

(b)   Penalty. Any person, firm, corporation, or other legal entity, such as a limited liability company, violating any of the provisions of this ordinance shall be fined in an amount not to exceed $500.00, or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment. Each day any violation hereof is found to exist shall be a separate offense and punishable as such hereunder.

(Ord. 1200; Code 2015)

(a)   Possession or Control of Marijuana (Cannabis) Prohibited.

(1)   Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., it shall be unlawful for any person to possess, or have under such person’s control, the hallucinogenic drug, commonly known as marijuana, and as defined by K.S.A. 65-41019(0), in the City of Wakefield, Kansas. (Class A violation)

(2)   Penalty: Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be sentenced to a definite term of confinement in the county jail, which term of confinement shall not exceed one year; in addition to, or instead of the confinement, said person may be sentenced to pay a fine in a sum not exceeding $2,500.

(b)   Possession of Drug Paraphernalia Prohibited.

(1)   It shall be unlawful for any person within the City of Wakefield, Kansas to use or possess with the intent to use any drug paraphernalia, as defined by K.S.A. 65-4150(c), to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq.; and, in addition, it shall be unlawful for any person to use or possess drug paraphernalia within said city to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the Uniform Controlled Substances Act. In the court’s determination of what constitutes “drug paraphernalia,” the factors contained in K.S.A. 65-4151 shall be considered.

(2)   Penalty: Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be sentenced to a definite term of confinement in the county jail, which term of confinement shall not exceed one year; in addition to, or instead of the confinement, said person may be sentenced to pay a fine in a sum not exceeding $2,500.

(Ord. 1234; Code 2015)

(a)   Public defecation is defined as the act of discharging waste matter from the human body, either fecal matter or urine, done in a public place other than in an area, structure or facilities specifically provided £or such purpose. It shall be unlawful for any person to commit the act of public defecation.

(b)   Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $500.

(Ord. 1182; Code 2015)

(a)   No person shall smoke, use tobacco products, or any electronic nicotine delivery system (a/k/a E-cigs), in any city building or while operating, working on or riding as passengers in any City owned vehicle or equipment, or while present inside the fenced boundaries of the City Pool.

(b)   As used in this section, “city building” means indoor areas of buildings or structures owned or leased by the City of Wakefield, used for City purposes.

(c)   All City buildings shall have signs posted in a conspicuous place clearly stating that smoking and tobacco/nicotine use is prohibited by city ordinance.

(d)   Penalty. Any person found guilty of smoking or using electronic nicotine delivery system or other tobacco products in violation of this act is guilty of a misdemeanor punishable by a fine of not more than $20.00 for each violation.

(Ord. 1310)