News Releases

11/1/2022 - Ordinance No. 22-11133

ORDINANCE NUMBER 22-11133

 

AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-1 OF THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, 38th EDITION (2022); ADDING LOCAL AMENDMENTS TO THE 2022 UNIFORM PUBLIC OFFENSE CODE AND REPEALING EXISTING SECTION 25-1.

 

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

 

Section 1. ADOPTION OF UNIFORM PUBLIC OFFENSE CODE.

 

Sec. 25-1.  INCORPORATING UNIFORM PUBLIC OFFENSE CODE.

 

  1. Incorporation by Reference. The Uniform Public Offense Code, 38thEdition (2022), published by the League of Kansas Municipalities, Topeka, Kansas, (the “Uniform Public Offense Code”) is adopted and incorporated by reference save and except such articles, sections, parts or portions as are hereafter omitted or amended. At least one copy of the Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 22-11133,” with all sections or portions thereof intended to be omitted or amended clearly marked to show any such omission or amendment and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable business hours.

     

  2. Omissions.Sections 6.14, 6.15, 6.16, 6.17, 7A.1, 7A.2, 7A.3, 7A.4, 9.9.3, 9.9.4, 9.9.6, 10.13, 10.18, 10.24, 10.25, 10.26, 11.3, and 11.15 of the Uniform Public Offense Code are hereby omitted.

     

  3. Amendments. Section 7.14 of the Uniform Public Offense Code is hereby amended to read as follows:

 

Sec. 7.14. Electioneering.

 

(a) (1) Electioneering is:

 

                        (A)       knowingly attempting to persuade or influence eligible voters to vote for or                                    against a particular candidate, party or question submitted, including                                              wearing, exhibiting or distributing labels, signs, posters, stickers or other                                               materials that clearly identify a candidate in the election or clearly indicates                                   support or opposition to a question submitted election within any polling                                                    place on election day or advance voting site during the time period allowed                                          by law for casting a ballot by advance voting or within a radius of 250 feet                                         from the entrance thereof; or    

                        (B)       if committed by a candidate:

                                    (i)         Touching or handling any voter’s ballot during the voting process;

                                    (ii)        distributing ballots or counting ballots;

                                    (iii)       hindering or obstructing any voter from voting or from entering and             leaving the polling place; or

                                    (iv)       hindering or obstructing any election board worker from performing             election duties.

 

            (2)        Electioneering shall not include bumper stickers affixed to a motor vehicle             that is used to transport voters to a polling place or to an advance voting site                 for the purpose of voting.

 

(b) The provisions of subsection (a)(1)(B) shall not apply to:

 

            (1)        The secretary of state, any election official or any counter election officer;

            (2)        a candidate for precinct committeeman or committeewoman who is                                    employed by a county election office and is engaged in the performance of                        such employee’s duties;

            (3)        a candidate for any office not specified in paragraphs (1) or (2) who is                                employed by a county election office and is engaged in the performance of                        such employee’s duties, if such employee does not appear as a candidate for                   office on any ballot such employee touches, handles, distributes or counts;                      or

            (4)        a candidate transmitting or delivering an advance voting ballot in                                        accordance with K.S.A. 25-2437(b) and amendments thereto.

 

(c)(1)   As used in this section, “advance voting site” means the central county election    office or satellite advance voting sites designated as such pursuant to subsection       (c) of K.S.A. 25-1122, and amendments thereto, and adult care homes and         hospital based care units at the time of an election participating in the voting       procedures in K.S.A. 2020 Supp. 25-2812, and amendments thereto.

     (2)   Candidate means an individual who has declared such individual’s candidacy       pursuant to K.S.A. 25-205 et seq., and amendments thereto, or has been nominated      for elected office pursuant to K.S.A. 25-301 et seq., and amendments thereto, in the     election for which the individual is charged with having violated the provisions of           this section.    

 

(d)       Electioneering is a Class C violation.

            (K.S.A. 25-2430)

 

(d) Amendments. Section 9.1 of the Uniform Public Offense Code is hereby amended to read          as follows:

 

      Sec. 9.1. Disorderly Conduct. Disorderly Conduct is one or more of the following acts    that the person knows or should know will alarm, anger or disturb others or provoke an            assault or other breach of the peace:

 

                  (a)        Brawling or fighting;

                  (b)        Disturbing an assembly, meeting or procession, not unlawful in its                                             character;

                  (c)        Using fighting words or engaging in noisy conduct tending reasonably to                                 arouse alarm, anger or resentment in others; or

                  (d)       Willfully throwing, depositing or placing any substance upon any property                   in which another has an interest without the consent of such other person,                                      when such action does not constitute criminal damage to property.

 

                  Disorderly conduct is a Class C violation.

 

(e) Amendments.  Section 10.5 of the Uniform Public Offense Code is hereby amended to    read as follows:

 

      Sec. 10.5. Unlawful Discharge of a Firearm.

 

      (a)        Unlawful discharge of a firearm is the reckless discharge of a firearm within or into                 the corporate limits of any city.         

      (b)        This section shall not apply to the discharge of any firearm within or into the                            corporate limits of any city if:

                  (1)        The firearm is discharged in the lawful defense of one’s person, another                                   person or one’s property;

                  (2)        The firearm is discharged at a private or public shooting range;

                  (3)        The firearm is discharged to lawfully take wildlife unless prohibited by the                               department of wildlife, parks and tourism or the governing body of the city;

                  (4)        The firearm is discharged by authorized law enforcement officers, animal                                 control officers or a person who has a wildlife control permit issued by the                               Kansas department of wildlife, parks and tourism;

                  (5)        The firearm is discharged by special permit of the chief of police or by the                    sheriff when the city has no police department;

                  (6)        The firearm is discharged using blanks;

                  (7)        The firearm is discharged in lawful self-defense or defense of another                                       person against an animal attack (K.S.A. Supp. 26-6308a);

                  (8)        The firearm is discharged by a legitimate gunsmith in pursuit of his or her                                 trade;

                  (9)        The firearm is discharged by the Executive Director of the Salina Airport                                 Authority, or his designee, on Airport property for wildlife hazard reduction                            purposes pursuant to the Salina Municipal Airport Rules and Regulations.

                             

                  Unlawful discharge of firearms is a Class B violation.

 

(f)  Amendments. Section 10.6 of the Uniform Public Offense Code is hereby amended to    read as follows:

 

      Sec. 10.6.  Air Gun, Air Rifle, Bow and Arrow, Slingshot, BB Gun or Paintball Gun.             The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint   ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow,        slingshot, BB gun or paint ball gun, within the city, except:

 

      (a)        Within the confines of a building or other structure from which the projectiles                          cannot escape; or

      (b)        Instructional programs relating to shooting, discharging, or operating an air gun, air                  rifle, paintball gun, BB gun, bow and arrow, or slingshot, administered under the                     supervision of either (1) the city, by permit, upon city park property or (2) an                            accredited educational institution upon appropriately zoned property owned by the                 educational institution.

 

      Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball             gun is a Class C violation.

 

Section 2.  Repealer.  Existing Section 25-1 is hereby repealed.

 

Section 3.  Effective.  This ordinance shall be in full force and effect from and after its adoption and publication by the following summary once in the official city newspaper.

 

 

Ordinance No. 22-11133 Summary

 

On October 10, 2022, the City of Salina, Kansas, passed Ordinance No. 22-11133.  The ordinance amends Chapter 25, Section 25-1 of the Salina Code by adopting the Uniform Public Offense Code, 38th Edition (2022) prepared and published in book form by the League of Kansas Municipalities; providing certain local amendments to Sections 7.14, 9.1, 10.5, and 10.6 and repealing existing section 25-1. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the City Attorney.

 

 

                                                                                          Introduced:     October 3, 2022

                                                                                          Passed:            October 10, 2022

 

                                                                                                     

 

                                                                                          Trent W. Davis, M.D., Mayor

[SEAL]

ATTEST:

 

JoVonna A. Rutherford, City Clerk