CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 1. UNIFORM OFFENSE CODE

There is hereby incorporated by reference for the purpose of regulating public offenses within corporate limits of the City of Marion, Kansas, that certain code known as the “Uniform Public Offense Code”, 2017 Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, changed or added. One copy of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by the Code of the City of Marion,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1359; Code 2014; Ord. 1398; Ord. 1408; Ord. 1420)

Article 14 of said Uniform Public Offense Code is hereby added by publication of the following code sections:

ARTICLE 14.  SUPPLEMENTAL OFFENSES.

14.1        CURFEW.  It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, play, drive or ride upon or over any of the streets, sidewalks, alleys, parks, public places, vacant lots, or other public grounds in the City of Marion, Kansas, between the hours of 12:00 o’clock midnight and 5:00 o’clock a.m. of the same day, except however, when the minor is accompanied by his or her parent, guardian or legal custodian or when said minor has in his or her possession written permission from his or her parent or guardian permitting the minor to be upon the streets or other places above specified, after 12:00 midnight on a day certain which must be specified in the writing.

       Violations of this section of Municipal Civil Infraction, punishable up to a $100.00 fine, and costs.

14.2        CITY PARK HOURS.  It shall be unlawful for any person to remain within the boundaries of a City park in the City of Marion, Kansas between the hours of 12:00 o’clock midnight and 5:00 o’clock a.m.

       Violation of this section is a Class C Misdemeanor offense.

14.3        SNOW AND ICE REMOVAL FROM PUBLIC SIDEWALKS.  It is the responsibility of the landowner whose property adjoins sidewalks open for public travel, to fully maintain the same for pedestrians, by removal of snow and ice which may be deposited thereon, and if required, to place thereon such material as to make the use of said sidewalks safe for pedestrians.

       Violation of this Section is a Class C Misdemeanor offense.

14.4        PROHIBITING TRAINS, ENGINES OR CARS TO STAND ON PUBLIC HIGHWAY.  Each and every railroad company or any corporation leasing or otherwise operating a railroad in Kansas is hereby prohibited from allowing its trains, engines or cars to stand upon any public road, crossing, or street within one-half mile of the city of Marion, or upon any crossing or street within the city limits of the City of Marion, to exceed ten minutes at any one time without leaving an opening in the traveled portion of the public road, street or crossing of at least thirty feet in width.

       Violation of this section is a Class C Misdemeanor offense.

14.5        OPEN CONTAINER OR CONSUMPTION OF CEREAL MALT BEVERAGE OR OTHER ALCOHOLIC BEVERAGE UPON THE PUBLIC STREETS AND CERTAIN PUBLIC PLACES.  It shall be unlawful for any person to have in his or her possession an open container of cereal malt beverage or other alcoholic beverage or to consume any cereal malt beverage or other alcoholic beverage upon the public sidewalks, alleys, highways or places to which the general public has access, including private parking lots to which the public has access, or upon property owned by the state or any political subdivision thereof located in the City of Marion, Kansas.

       Violation of this section is a Class C Misdemeanor offense.

(Ord. 1359; Code 2014)

That subsection (e) as set out below shall be added to Section 10.5, and that subsection (a) as set out below shall be added to Section 10.6:

10.5 UNLAWFUL DISCHARGE OF FIREARMS.  Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol, revolver or other firearm within the city.  This section shall not be construed to apply:

       (e)   To the discharge of firearms within the boundaries of certain real property described as the Southeast Quarter (SE/4) and East Half of the Southwest Quarter (E/2 SW/4) of Section Twenty-one (21), Township Nineteen (19) South, Range Four (4) East AND, the Northwest Quarter (NW/4) of Section Twenty-eight (28), township Nineteen (19) South, Range Four (4) East of the Sixth Principal Meridian, except a tract described as follows: all that part of the NW/4 NW/4 Section 28, lying North of the center line of the drainage ditch, being 9.1 acres, more less, Marion County, Kansas.

10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PAINT BALL 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 within the confines of a building or other structure from which the projectiles cannot escape.  This section shall not be construed to apply:

       (a)   To the discharge of air guns, air rifles, bow and arrows, slingshots, BB guns, or paint ball guns, within the boundaries of certain real property described as the Southeast Quarter (SE/4) and East Half of the Southwest Quarter (E/2 SW/4) of Section Twenty-one (21), Township Nineteen (19) South, Range Four (4) East AND, the Northwest Quarter (NW/4) of Section Twenty-eight (28), Township Nineteen (19) South, Range Four (4) East of the Sixth Principal Meridian, except a tract described as follows:  all that part of the NW/4 NW/4 Section 28, lying North of the center line of the drainage ditch, being 9.1 acres, more less, Marion County, Kansas.

(Ord. 1359; Code 2014)