CHAPTER XIII. PUBLIC OFFENSESCHAPTER XIII. PUBLIC OFFENSES\ARTICLE 1. OFFENSES AGAINST PERSONS AND PROPERTY

Pursuant to the provisions of K.S.A. 12-3009 et seq., and K.S.A. 12-3301 et seq., the Uniform Public Offense Code for Kansas Cities, 2017 Edition, as prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas (the “UPOC”), is hereby adopted by reference, as if said model or standard code were set out in full herein, save and accept such sections, parts, or portions as may be omitted or deleted, modified, or changed elsewhere within the Code of the City of Andover, Kansas.

The City Clerk of Andover, Kansas shall prepare and make 3 copies of said UPOC, by marking or stamping thereon “Official Copy as incorporated by Ordinance No. 1644” with all sections or portions intended to be omitted or changed clearly marked to show such omission, and to which shall be attached a copy of this Ordinance and filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours.

(Ord. 1446; Ord. 1472; Ord. 1492; Code 2011; Ord. 1518; Ord. 1550; Ord. 1578; Ord. 1603; Ord. 1626; Ord. 1644)

(a)   Sections 6.14 and 6.15 of the UPOC are hereby omitted and deleted, with substitute provisions having been enacted at Section 16-102 and 16-501 of the Code. 

(b)   Section 10.5 of the UPOC is hereby modified to include an additional firearms discharge exception to be designated 10.5(b)(8), which shall read as follows:

(8)   The firearm discharges shell crackers for the control of nuisance birds during daylight hours by the holder of a permit issued by the City of Andover, Kansas and a permit issued by the Kansas Department of Wildlife and Parks.

(c)   Section 10.6 of the UPOC shall be modified to read as follows:

       The unlawful operation of an air gun, air rifle, bow and arrow, compound bow, crossbow, blowgun, slingshot, bb gun, or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, compound bow, crossbow, blowgun, slingshot, bb gun, or paint ball gun, within the city, except within the confines of a building, enclosed property or other structure (with the consent of the owner) from which the projectiles cannot escape.

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

(d)   Section 10.7 of the UPOC is hereby amended to read as follows:

       The Chief of Police of the City or his or her duly authorized representative is hereby empowered to seize and hold any air gun, air rifle, bow and arrow, compound bow, crossbow, blowgun, slingshot, bb gun, or paint ball gun used in violation of Section 10.6 of this Article, and is further empowered to seize and hold as evidence pending a hearing before a court of competent jurisdiction any air gun, air rifle, bow and arrow, compound bow, crossbow, blowgun, slingshot, bb gun, or paint ball gun used in violation of Section 10.6. 

(e)   Section 10.13 of said UPOC shall be modified to read as follows:

       It shall be unlawful for any person or construct, set up or maintain any barbed wire or barbed wire fence or enclosure within the City of Andover unless such barbed wire is located upon a security fence and placed at an elevation of not less than 6 feet measured from the ground surface and/or on the inside perimeter at ground surface.

(f)   Article 9 of the UPOC is hereby amended to include an additional offense to be designated Section 9.14, which shall read as follows:

Section 9.14. Dispensing motor fuel without requiring prepayment or preapproval.

(a)   Definitions. As used in this section, the following terms shall have the meanings given in this subsection:

1.    “Preapproval” means the issuance by a person or business establishment of an identification card to the purchaser that verifies and records the purchaser’s driver’s license information (including current address) prior to allowing the purchaser to dispense motor fuel in advance of payment.

2.    “Prepayment” means simultaneous electronic debit or payment in advance for any quantity of motor fuel sold at any time by cash, credit card, debit card, check or any other legal means.

(b)   Gasoline Prepayment or Preapproval. All persons and employees of business establishments engaged in the business of selling motor fuel shall require prepayment or preapproval of the sale of motor fuel prior to activation or authorization to dispense motor fuel through any device.

(c)   Penalty. Violation of this Section shall be a Class A Misdemeanor..

 (Ord. 1447; Ord. 1550; Ord. 1578; Ord. 1603; Ord. 1626; Ord. 1644; Ord. 1647)