It shall be unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of any police officer or other peace officer in the discharge of his or her official duties.
(Ord. 1656, Sec. 1; Code 1996, 13-201; Code 2019)
It shall be unlawful for any person to be found lurking, lying in wait or concealed in any house or other building or any yard, premises or street with the intent to do any mischief or to pilfer or to commit any crime or misdemeanor whatever.
(Ord. 1657, Sec. 1; Code 1996, 13-202; Code 2019)
It shall be unlawful for any person to loiter at night-time or prowl around a dwelling house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another.
(Ord. 1657, Sec. 2; Code 1996, 13-203; Code 2019)
(a) Applicability.
(1) It shall be unlawful for any person under 16 years of age to loiter, lounge, loaf, wander, or play in or upon any public street, alley, public park, square or municipal parking lot or on any sidewalk appurtenant thereto within the city or upon property owned by the city which is not leased to any person after the hour of 10:00 p.m. and before the hour of 6:00 a.m. the following day Sunday through Thursday and after 11:00 p.m. and before the hour of 6:00 a.m. on Saturday and Sunday.
(2) It shall be unlawful for any person under 18 years old to loiter, lounge, loaf, wander, or play in or upon any public street, alley, public park, square or municipal parking lot or on any sidewalk appurtenant thereto within the city or upon property owned by the city which is not leased to any person after the hours of 11:00 p.m. and before the hour of 6:00 a.m. the following day Sunday through Thursday and after 12:00 midnight and before the hour of 6:00 a.m. on Saturday and Sunday.
(3) The provisions of subsection (1) and (2) shall not apply to any person under the age of 18 whose parents or legal guardian has renounced his or her right to the care, custody and earnings of that person or to any person under the age of 18 who is legally married.
(b) Exceptions. The curfew restrictions set out above shall not apply under the following circumstances:
(1) When the person under 18 years of age is accompanied by his or her parent, or guardian;
(2) When the person under 18 years of age is attending a church or school function or other activity organized or sponsored by and under the supervision of a church or school or sponsored by parents or while returning home from any such function or activity by way of the most direct route;
(3) When the person under 18 years of age is going to or from a place of lawful employment by way of the most direct route;
(4) When the person under 18 years of age is engaged in normal travel through, to or from the city to another destination
(c) Violations. Any police officer finding a person under 18 years of age in violation of the curfew ordinance shall ascertain the name and address of the minor and then the minor shall be taken to the police department and the parent, guardian or other adult having the care and custody of the minor shall be notified to come and take charge of the minor.
(d) Permitting Violation of Curfew. It shall be unlawful for any parent, guardian or other person lawfully entitled to the care, custody or control of any person under 18 years of age to knowingly suffer or permit such person to violate this curfew ordinance.
(e) Penalty. Any person violating any terms of this section for a first offense shall be fined not less than $100 or more than $200; any person committing a second offense for violation of this section shall be fined not less than $200 or more than $400; any person violating the terms of this section for three or more times shall be fined not less than $300 or more than $500. In addition to imposing a fine the court may impose a sentence to be served in the county jail of Morris County, Kansas, for not less than 10 days nor more than 90 days or by both such fine and imprisonment.
(Ord. 1779, Secs. 1:5; Ord. 1781, Sec. 1; Code 1996, 13-204; Code 2019)
(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 the vehicle so that the sound is plainly audible at a distance of 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 50 feet or more. Measurement standards shall be by the auditory senses based upon direct line of sight. Words or phrases need not be discernable and base 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 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 of Council Grove or a gas, electric, communications or refuse truck;
(D) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages or persons in compliance with ordinances of the City of Council Grove;
(E) 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 department of the city authorized to grant such approval.
(b) 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 published by a fine not to exceed $500.00, 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. 1847; Code 2019)
(a) CITY STREETS. The riding of skateboards and non-motorized scooters on any city street is hereby prohibited.
(b) PARKS. The riding of skateboards and non-motorized scooters in any park within the City of Council Grove, except that portion of the skateboard park specifically constructed therefore, is hereby prohibited.
(c) SIDEWALKS. The riding of skateboards and non-motorized scooters on the following sidewalks is hereby prohibited, to-wit:
(1) Along Main Street from Belfry Street on the west side to 8th Street on the east side.
(2) Along Union Street, from Main Street north to Valley Street.
(3) Along Neosho Street, from Main Street south to Hockaday Street.
(d) 18 AND OVER PENALTY. For persons age 18 or older, upon a first conviction of a violation of this section, such person shall be fined $25.00. For a second conviction, such person shall be fined $50.00. Upon a third or subsequent conviction, the fine shall be $100.00.
(e) UNDER 18 PENALTY. In the case of violation of this section by a person who is under 18 years of age, the skateboard or non-motorized scooter shall be impounded by any law enforcement officer. Such impounded item shall be taken to the city police department and released to the violator only if such person appears at the city police department with a parent or legal guardian along with a letter from the parent or legal guardian requesting that the item be released. An impoundment fee of $25.00 shall be collected by the city police department prior to the release of any such impounded item.
(Ord. 1840; Ord. 1900; Ord. 1948; Code 2019)
(a) NUDITY IN A PUBLIC PLACE IS PROHIBITED. It shall be unlawful for any person to knowingly, intentionally or recklessly, appear in a state of nudity in a public place.
(b) DEFINITIONS: The following words or phrases, when used in this section, shall have the following meaning: view:
(1) Nudity means less than completely or opaquely covering and exposing to
(A) Human male or female genitals; or
(B) Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs or any other clothing that does not completely or opaquely cover the anal cleft or cleavage of the male or female buttocks; or
(C) The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suite, or other clothing, provided that the areola is not exposed; or
(D) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2) Person means any live human being aged ten or older.
(3) Places set apart for nudity means public places outside of the home where nudity or exposure is necessary and customarily expected; including motel rooms and but not limited to, public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices and portions of hospitals set apart for this purpose.
(4) Public place means any location frequented by the public, or where the public is present or likely to be present, including, but not limited to, streets, avenues, highways, roads, waterways, stores, meeting facilities or businesses and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership) within the corporate boundaries of the City of Council Grove. This definition shall include any commercial establishment featuring live sexually oriented entertainment, including, but not limited to, cabarets, adult arcades, adult dance studios and nightclubs.
(c) EXEMPTIONS: The prohibitions set forth in this section shall not apply to the following:
(1) A woman exposing her breast in the process of breastfeeding a child.
(2) Places set apart for nudity. This exception does not include the use of a place set apart for nudity for a purpose not intended by that place, including any sexual conduct, including sexual conduct for profit, promotion of business or commercial exploitation.
(3) Any theater, concert hall, art center, museum or similar establishment that is primarily devoted to the arts or theatrical performances and in which nudity is incorporated into the art exhibit or theatrical performance and is not a mere guise or pretense used to exploit the conduct of being nude for profit or commercial gain.
(4) Nudity incorporated into an educational curriculum at an accredited university, technical school or institution whose classes may transfer to an accredited university or technical school.
(Ord. 2168; Code 2019)
(a) For the purposes for this section, the following words shall have the following definitions.
(1) Smoking means the carrying or holding of any lighted or burning pipe, cigar, or cigarette of any kind, or the lighting, inhaling or exhaling a smoke from a pipe, cigar, or cigarette of any kind.
(2) Smokeless Tobacco means tobacco that is not smoked but that is used in any other form, including but not limited to chewing tobacco and snuff.
(b) Smoking shall be prohibited within any city park containing a playing field within the city limits of the City of Council Grove, Kansas.
(c) Use of smokeless tobacco shall be prohibited within any city park containing a playing field within the city limits of the City of Council Grove, Kansas.
(d) Any person found in violation of this section shall be fined not less than $50.00 nor more than $250.00.
(Ord. 2032; Code 2019)
(a) It shall be unlawful for any person within the corporate city limits of the City of Council Grove or at the Council Grove Lake Park to urinate upon any highway, street, alley or upon the premises of any public place or building or upon private property, in open view of any person.
(b) Any person found to be in violation of this section shall be subject to a fine of not less than $25.000 nor more than $500.00.
(Ord. 1933; Code 2019)
Maintaining a public nuisance is by act or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.
(Ord. 1629, Sec. 51; Code 1996, 12-647; Code 2019)
No person shall place or throw any glass, tacks, nails, bottles, wire, or other dangerous objects on any street, alley, sidewalk or other public grounds of the city.
(R.O. 1958, Sec. 14-204; Code 1996, 13-205; Code 2019)