As used in this Article, the words and phrases used herein shall have the meanings set forth under State law, particularly K.S.A. 65-4101 et seq., as amended, and K.S.A. 21-5701 et seq., as the same exist from time to time, unless the context otherwise requires. When referenced herein, all statutes shall include amendments thereto in effect from time to time.
Except as authorized by State law, it shall be unlawful within the City for any person to:
(a) Manufacture any controlled substance or controlled substance analog in violation of K.S.A. 21-5703;
(b) Cultivate, distribute, or possess any controlled substance or controlled substance analog in violation of K.S.A. 21-5705;
(c) Possess any controlled substance or controlled substance analog in violation of K.S.A. 21-5706;
(d) Obtain a prescription-only drug in violation of K.S.A. 21-5708;
(e) Abuse toxic vapors in violation of K.S.A. 21-5712;
(f) Distribute, possess, or manufacture any simulated controlled substance in violation of K.S.A. 21-5713;
(g) Distribute or possess any substance that is not a controlled substance in violation of K.S.A. 21-5714; or
(h) Receive or acquire proceeds or engage in transactions involving proceeds known to be derived from prohibited activities hereunder in violation of K.S.A. 21-5716.
(a) Except as authorized by State law, it shall be unlawful within the City for any person to:
(1) Use or possess those substances set forth in K.S.A. 21-5709(a), (c), and (d) in violation thereof;
(2) Use or possess any drug paraphernalia in violation of K.S.A. 21-5709(b).
(b) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, those factors set forth in K.S.A. 21-5711.
Any person who violates Section 13-402 or 13-403 shall be guilty of a Class A misdemeanor. Upon conviction of a violation of Section 13-402 or 13-403, all costs or expenses of any chemical tests of or for a controlled substance together with the costs or expenses associated with the introduction of evidence concerning such testing shall be payable by the defendant as court costs.
(a) As used herein, “13th Street Park” shall mean the park and sports complex located at 1008 E. 13th St.
(b) In addition to the restrictions set forth in Section 10.24 of the Uniform Public Offense Code for Kansas Cities, as adopted by the City, it shall be unlawful, with no requirement of a culpable mental state, for any person to smoke at, or within twenty (20) feet of, any playground, concession stand or food/drink vendor, athletic field, athletic spectator area (including bleachers), and/or any obvious or designated sporting court or field located within 13th Street Park.
(c) Any person violating or permitting the violation of this Section shall be in violation of and subject to the penalties of Section 10.26(d) of the Uniform Public Offense Code for Kansas Cities, as adopted and incorporated by the City.
(Ord. 878; Ord. 1549; Ord. 1554)