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

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Newton, Kansas, that certain code known as the “Uniform Public Offense Code for Kansas Cities,” Edition of 2016, 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 or changed. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 4922-16 of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted, deleted, modified or changed clearly marked to show any such omissions, deletions, modifications or changes, 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 hours. The police department, municipal judge, and all administrative departments of the City charged with enforcement of this ordinance shall be supplied, at the cost of the City, such number of official copies of such Uniform Public OffenseCode similarly marked as may be deemed expedient.

(Ord. 4829-13; Ord. 4864-14; Ord. 4890-15; Ord. 4922-16)

(Ord. 4272-98, Sec. 2; Repealed by Ord. 4686-08)

Section 5.2 of the Uniform Public Offense Code is hereby amended to read as follows:

5.2 FURNISHING ALCOHOLIC LIQUOR OR CEREAL MALT BEVERAGE TO A MINOR.

(a)   Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor or cereal malt beverage to any minor.

(b)   This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent’s child or such guardian’s ward when such furnishing is permitted and supervised by the child or ward’s parent or legal guardian.

(c)   It shall be a defense to a prosecution under this section if:

(1)   The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;

(2)   The defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and

(3)   To purchase the alcoholic liquor or cereal malt beverage the person exhibited to the defendant a driver’s license, Kansas nondriver’s identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.

       Furnishing alcoholic liquor or cereal malt beverage to a minor is a Class B violation for which the minimum fine is $200.

(Ord. 4505-04, Sec. 2)

Section 6.8 of the Uniform Public Offense Code as adopted by reference pursuant to Section 17-101 of the Code of the City of Newton, Kansas, is hereby amended to read as follows:

6.8  Criminal Littering.

(a)   Except as provided in Section 112.1 of the Standard Traffic Ordinance as adopted by Section 21-101 of the Code of the City of Newton, Kansas, as amended, criminal littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:

(1)   Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts; or

(2)   Any private property without the consent of the owner or occupant of such property.

(b)   Criminal littering is an unclassified violation punishable:

(1)   Upon a first conviction by a fine of not less than $250 nor more than $1,000;

(2)   Upon a second conviction by a fine of not less than $1,000 nor more than $2,000; and

(3)   Upon a third or subsequent conviction by a fine of not less than $2,000.

(c)   In addition to the fines in subsection (b), a person convicted of criminal littering shall be required to pick up litter for a time prescribed by and a place within the jurisdiction of the court.

(Ord. 4605-06; Code 2014; Ord. 4864-14)

Sections 11.1, 11.2 and 11.3 of the Uniform Public Offense Code are hereby deleted.

(Ord. 4505-04; Ord. 4552-05; Ord. 4637-07; Ord. 4686-08; Ord. 4864-14; Ord. 4890-15)

The following enumerated offenses within the Uniform Public Offense Code shall include the corresponding minimum mandatory fines:

(a)   UPOC 3.1 - Battery.  The minimum mandatory fine for this offense shall be $200.

(b)   UPOC 3.3 – Assault and Assault of a Law Enforcement Officer.  The minimum mandatory fine for these offenses shall be $150.

(c)   UPOC 3.6 – Unlawful Restraint.   The minimum mandatory fine for this offense shall be $200.

(d)   UPOC 3.8.1 - Violation of a Protective Order.  The minimum mandatory fine for this offense shall be $250.

(e)   UPOC 5.4 – Endangering a Child.  The minimum mandatory fine for these offenses shall be $250.

(f)   UPOC 6.1 – Theft.  The minimum mandatory fine for this offense shall be $250 upon a first conviction.  The minimum mandatory fine for this offense shall be $500 upon a second conviction.

(g)   UPOC 6.6 - Criminal Damage to Property.  The minimum mandatory fine for this offense shall be $200.

(h)   UPOC 6.7 - Criminal Trespass.  The minimum mandatory fine for this offense shall be $200.

(i)    UPOC 7.2 - Interference with a Law Enforcement Officer.  The minimum mandatory fine for this offense shall be $250.

(j)    UPOC 9.1 – Disorderly Conduct.  The minimum mandatory fine for this offense shall be $150.

(Ord. 4854-14)