Chapter 11 · Public Offenses

Article 2. Local Regulations

Sections 11-201 to 11-220 · 20 sections

11-201 Criminal use of noxious matter.

Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with intent to use such matter for an unlawful purpose, or the use or attempt to use noxious matter to the injury of persons and property, or the placing or depositing of such matter upon or about the premises of another person without the consent of such person. “Noxious matter” as used in this section means any bomb, compound or substance which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.

Criminal use of noxious matter is a Class A misdemeanor.

(K.S.A. 21-3733; Code 1984, 12-612)

11-202 Shoplifting.

Shoplifting is the willful taking of possession of any goods, wares or merchandise offered for sale by any store or other mercantile establishment with the intention of converting the same to his own use without paying the purchase price thereof.

Shoplifting is a Class A misdemeanor.

(Code 1984, 12-613)

11-203 Trespassing for purpose of parking vehicle.

Trespassing for the purpose of parking vehicle is the going upon the property owned or occupied by another person for the purpose of parking any vehicle upon such property.

Trespassing for the purpose of parking a vehicle is a Class C misdemeanor.

(Code 1984, 12-614)

11-204 Wasting utilities.

Wasting water, gas, etc., is willfully causing the waste of any water, gas, or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.

Wasting water, gas, steam or hot air is a Class C misdemeanor.

(Code 1984, 12-615)

11-205 Vagrancy.

For the purposes of this article, vagrancy is defined as follows:

(a)Engaging in an unlawful occupation;

(b)Being of the age of 18 years or over and able to work and without lawful means of support and failing or refusing to seek employment;

(c)Loitering in the city without visible means of support;

(d)Loitering on the streets or in a place open to the public with intent to solicit for immoral purposes;

(e)Deriving support in whole or in part from begging.

Vagrancy is a Class C misdemeanor.

(K.S.A. 21-4108; Code 1984, 12-907)

11-206 Disturbance of religious assemblies.

Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting. Disturbance of religious assemblies is a Class C misdemeanor.

(Code 1984, 12-911)

11-207 Loitering; streets, public places.

Loitering in streets and other public places is the loitering on the public streets, school buildings or school grounds or any other public place or place accessible to the public without being engaged in some business demanding the person’s presence upon such street, school building, school grounds or at such public place or place accessible to the public or habitually lurking in a public place or a place accessible to the public without being engaged in some legal business.

Loitering in streets and other public places is a Class C misdemeanor.

(Code 1984, 12-912)

11-208 Loudspeakers, sound amplifiers: permits.

It shall be unlawful for any person to play, use or operate on the streets, alleys or public grounds of the city any instrument known as a loudspeaker or sound amplifier, without first procuring a permit therefor from the city administrator. Such permit shall be granted or refused at the discretion of the city administrator.

Violation of this section is a Class C misdemeanor.

(Code 1984, 12-913)

11-209 Window peeping.

It shall be unlawful for any person to trespass upon the property owned or occupied by another in this city for the purpose of looking or peeping into any window, door skylight or other opening· in a· house, room or building, or to loiter in a public street, alley, parking lot or other public place for the purpose of wrongfully observing the actions of occupants of any such house, room or building.

Violation of this section is a Class C misdemeanor.

(Code 1984, 12-914)

11-210 Dangerous missiles.

It shall be unlawful for any person within the city to throw or project any ball, stone, brick, piece of wood, clay or other hard substance along, over or upon any street, alley, sidewalk or public ground or at or against any house, building, vehicle, or at or towards any person.

Violation of this section is a Class B misdemeanor.

(Code 1984, 12-1009)

11-211 Possession, delivery of marihuana

Except, as authorized by the Uniform Controlled Substances Act, K.S.A. Chapter 65, Article 41 of the Statutes of Kansas as it presently exists, it shall be unlawful for any person to manufacture, possess, have under such person’s control, prescribe, administer, deliver, distribute, dispense or compound the hallucinogenic drug known as marihuana (DEA Controlled Substance Code 7360) and meant to include all parts and varieties of the plant cannabis whether growing or not, the seeds thereof, the resin extracted from any part and every compound, salt, isomer, derivative, mixture or preparation of the plant, seeds or resin.

Violation of this section is a Class A misdemeanor.

(Code 1984, 12-1010)

11-212 Sale, inhalation; toxic vapors, glue, related products.

Unlawful inhalation of certain toxic vapors from glue and related products and sale thereof shall be as follows:

(a)As used in this section, the phrase “Glue containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any glue, cement or other adhesive, the contents of which may include, but are not limited or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds; acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene bichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene (toluol).

(b)No person shall for the purpose of causing a condition of intoxication, inebriation, excitement, stupification, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.

(c)No person shall, for the purpose of violating paragraph “b” hereof use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes.

(d)No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if he has knowledge that the product sold, given or offered to be sold or given will be sued for the purpose set forth in paragraph “b” hereof. A violation of this section is a Class B misdemeanor.

(Code 1984, 12-1015)

11-213 Unlawful to sell, explode or discharge fireworks.

It shall be unlawful for any person, corporation or other business entity to sell or offer for sale, explode or discharge any fireworks, as that term is hereinafter defined, within the city limits, save and except for the exception hereinafter stated. Provided, that use of fireworks in an organized public display and having the prior approval of the fire chief and the governing body in all respects, shall not be prohibited. The term “fireworks,” as used herein, shall mean any combustible or explosive composition or device prepared for the purpose of producing a visible or audible effect by combustion, explosion or denotation, and shall include firecrackers, torpedoes, sky rockets, Roman candles, daygo bombs, but shall exclude sparklers, toy caps or auto flares.

Violation of this section shall be a Class B misdemeanor.

(Ord. 770, Sec. 1)

11-214 Minors.

It shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, drive or ride over any streets or otherwise be in public places or vacant lots in the city between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

It shall be unlawful for any minor under the age of 18 years of loiter, wander, drive or ride over any streets or otherwise be in public places or vacant lots in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day. Provided however, that these restrictions shall not apply to a minor who is attending a scheduled school event or fulfilling a regular job employment or attending a scheduled church event or fulfilling a regular job employment or attending a scheduled church event and during a period of 30 minutes following the termination of such event.

Violation of this article is designated as unclassified violation for purpose of imposing a penalty, under the Uniform Public Offense Code.

(Ord. 935, Sec. 1)

11-215 Parent, guardians.

It shall be unlawful for a parent, guardian or legal custodian of a minor to permit such minor to loiter, idle, wander, drive or ride over any streets or otherwise be in public places or vacant lots in the city in violation of the terms of the Hillsboro City Code section 12-214 as amended. Violation of this article is designated an unclassified violation for purposes of imposing a penalty, under the Uniform Public Offense Code.

(Ord. 935, Sec. 2)

11-216 Unnecessary loud noises within the city limits

(a)The following acts, among others, are declared to be loud disturbing and unnecessary noises in violation of this code, but said enumeration shall not be deemed to be exclusive, namely:

(1)Horns, Signaling Devices, Etc.: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; and the sounding of any device for an unnecessary and unreasonable period of time.

(2)Stereos, Etc.: The using, operating, or permitting to be played, used or operated any stereo receiving set, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machines or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)Loud Speakers, Amplifiers for Advertising: The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is case upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4)Exhausts: The discharge into the open air of the exhaust of any, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(5)Defect in Vehicle or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(b)Any person violating any of the provisions of this article shall be fined in an amount not exceeding $500 Dollars.

(Ord. 978; Ord. 1162; Code 2022)

11-217 Operation of engine exhaust devices restricted.

Certain engine retarder devices operated by motor vehicles, whether in addition of braking or for any other purposes, which shall be permitted by the operator to create an excessive and loud explosive sound during operation, and which is plainly audible at a distance of 100 or more feet from the vehicle, to include a braking system, including those commonly known as a “jake brake” or other term are hereby prohibited.

(Ord. 978, Sec. 2)

11-218 Defecation or urination of human waste on public property.

It shall be unlawful for any person to defecate or urinate upon any public park, athletic grounds, public parking area, publicly owned meeting hall or grounds, public airport, public school grounds or buildings, church grounds or buildings, sidewalk, public street, alley or any other public place within the city, except in facilities or restrooms marked for this purpose.

Violation by any person of this article shall be a Class C violation under Article 12.1 and 12.2 of the Uniform Public Offense Code for Kansas cities in effect as the Code of the City of Hillsboro, Kansas.

(Ord. 1002, Sec. 1)

11-219 Tobacco prohibition.

(a)It shall be unlawful for any person to smoke in any city-owned building, in or upon vehicles owned by the City of Hillsboro, within the perimeter fencing of public swimming pools, within the perimeter fencing of public ball fields as well as bleachers and grandstands within public parks.

(b)For purposes of this provision, smoking shall mean inhaling, exhaling, burning or carrying lighted cigarette, cigar, pipe, smoking paraphernalia, tobacco, week, plans for substance.

(Ord. 1146, Secs. 1:2; Code 2022)

11-220 Public nudity prohibited.

(a)It shall be unlawful for any person to knowingly or intentionally appear nude in any public place or in any place open to public view within the City.

(b)For purposes of this section:

(1)Nude or nudity — means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola.

(2)Public place — means any place to which the public or a substantial group of the public has access, including but not limited to streets, sidewalks, parks, alleys, squares, spaces, parking lots, public buildings, schools, grounds, or business open to the general public.

(c)In addition to, but in no way contradicting, the Uniform Public Offense Code for Kansas Cities, as amended from time to time and as adopted by the City, any exposure of the genitals, buttocks, or female breast in a manner that is intended or likely to arouse the sexual desire of another is deemed lewd and lascivious and is prohibited in any public place.

(d)Exceptions. This section shall not apply to:

(1)Any person engaging in conduct specifically authorized or required by a state law or city ordinance;

(2)A mother breast feeding a child, as provided by K.S.A. 65-1,248; or

(3)Any constitutionally protected expressive activity, including theatrical or artistic performance events, unless such conduct is determined to be obscene as defined by Kansas statute and/or United States Constitutional standards.

(e)Penalty. Any person violating this section shall, upon conviction, be subject to a fine not exceeding $500. Each day a violation occurs shall constitute a separate offense.

(Ord. 1412)