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

(a)   It shall be unlawful for any minor under 16 years of age to loiter, ramble, play or frequent the streets or other public places in the city between the hours of 10:00 p.m. and 6:00 a.m., unless such minor is returning directly home from any educational, religious or social event which commenced prior to 10:00 p.m. or is accompanied by his or her parent, guardian or other person having legal custody of such minor, or is in the performance of an errand or duty directed by such parent, guardian or legal custodian whose employment makes it necessary that such minor be upon the streets or other public places during the night or after the specified hours. Except as otherwise provided herein, it is hereby made unlawful for any parent, guardian or any other persons having the legal custody of such minor to allow or permit such minor to loiter or frequent the streets or other public places of the city within the time prohibited in this section.

(b)   Except as otherwise provided for in subsection (c) hereof, it shall be unlawful for any person to be in, or about any public park or public recreation facility owned by the city or to park vehicles on any park street, park drive, or parking area within the public parks and public recreation facilities from 12:01 a.m. to 6:00 a.m. Nothing in this subsection, however, shall be construed to prohibit the movement of vehicular traffic over and through parks, streets, or park drives when open for traffic.

(c)   The prohibition in subsection (b) hereof shall not apply to:

(1)   Any elected or appointed official or employee of the city or any duly authorized agent of the city.

(2)   Any police officer not included within the foregoing subsection, police officer meaning any person who by virtue of his office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

(3)   Any person in possession of a permit as hereinafter provided authorizing the holder and his or her immediate family to make use of the facilities at any public park or public recreation facility in the city for overnight camping purposes so long as the holder of said permit does, while in said public park or public recreation facility, exclusively engage in such permitted activity.

(4)   Any person engaged in any duly organized and/or sponsored activity of any organizations or association that has received approval of the governing body of the city for its activity prior to the commencement thereof, either through actual participation in said activity or by way of audience participation therein so long as they are so engaged. However, this exception shall be deemed to expire, insofar as those engaged in audience participation therein are concerned, 30 minutes after the termination of the said principal activity.

(Ord. 318; Code 2014)

(a)   No person operating or occupying a motor vehicle on a street, highway, public park, 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. The motor vehicle may be stopped, standing, parked or moving on a street, highway, public park, alley, parking lot or driveway.

(b)   As used in this section, the following phrases have the following meanings:

(1)   “person” means an individual, or the partner or employee of a partnership, or an employee of a corporation or association, while occupying a vehicle owned by such partnership, corporation or association and operated by such individual.

(2)   “plainly audible” means any sound produced by a sound amplification system from the vehicle, which clearly can be heard at a distance of 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.

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

(c)   It is an affirmative defense to a charge of violation of this section that the operator of the motor vehicle 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 was an emergency or public safety vehicle;

(3)   the vehicle was being used in authorized public activities, such as parades, fireworks displays, sports events, musical productions or other activities which have the approval of the City of Inman, Kansas.

(d)   Any person less than 18 years of age who violates the provisions of this section is a juvenile offender under the Kansas Juvenile Offenders Code. Upon adjudication of such violation, and as a condition of disposition, the court shall require the offender to pay a fine not exceeding $500.00.

(Ord. 384; Code 2014)

(a)   It shall be unlawful for any person within the city of Inman to possess any of the drugs described in paragraph (b) hereof, except as hereinafter provided.

(b)   The habit-forming and dangerous drugs subject to the provisions of this section are:

(1)   The salts and derivatives of barbituric acid or compounds, preparations or mixtures thereof, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates.

(2)   Paraldehyde.

(3)   Chloralhydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloralhydrate.

(4)   Amphetamine, its salts and derivatives or compounds, preparation or mixtures thereof, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by use of the mixture.

(5)   Marijuana, opium cannabis, isonipecaine, arnidone, isoamidone, ketabemidone, or coca leaves or any compound, salt, derivative of preparation thereof.

(6)   Hallucinogens, including bufotenine, ibogaine, DET (diethyltryptamine), DOM (STP), psilocybin, psilocyn, DMT (dimethyltryptamine), LSD-25 or LSD (d-lysergic acid diethylamide) and any other derivative of d-lysergic acid producing stimulating or hallucinogenic effects similar to those caused by LSD.

(c)   Subsections (a) and (b) above shall not apply to duly licensed doctors of medicine, dentists, veterinarians and pharmacists who may possess such drugs in the proper and legal courses of practice of their professions; provided, that it shall not be unlawful to possess for the purposes of medication, drugs listed in subsection (b) of this section which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist, or veterinarian, or which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, when in the container in which it was delivered to him or her by the person so selling or dispensing the same; provided further, that this section shall not apply to common carriers or warehousemen engaged in the lawful transporting or storing such drugs as are listed in subsection (b) of this section, or to any employee of such common carriers or warehousemen within the scope of his or her employment, or to public officers or employees in the performance of official duties requiring possession or control of such drugs or to persons aiding such officers or employees in the performance of such duties: provided further, that nothing contained in this section shall be construed as prohibiting a hospital licensed by the State Board of Health from keeping such drugs and supplying such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or a dentist.

(d)   There will be taxed pursuant to K.S.A. 28-176 as costs to anyone convicted of any violation of this ordinance the sum of $400.00 to reimburse the Kansas Bureau of Investigation Laboratory for conducting the testing of any drugs or substances seized herein.

(e)   The report of the Kansas Bureau of Investigation Laboratory chemist shall be considered admissible as evidence unless the Defendant requests in writing, at least thirty (30) days prior to the trial in this case that the chemist personally be present to testify.

(f)   Violation of this section is a class A misdemeanor punishable by up to one year in the county jail and a fine of $2,500.00 or both such fine and jail sentence.

(Ord. 454; Code 2014)