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,” 39th Edition, 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 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. 5127-23 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 Offense Code similarly marked as may be deemed expedient.

(Ord. 4829-13; Ord. 4864-14; Ord. 4890-15; Ord. 4922-16; Ord. 4945-17; Ord. 4960-18; 4993-19; Ord. 5017-20; Ord. 5054-21; Ord. 5091-22; Ord. 5127-23)

Section 10.5 of the Uniform Public Offense Code of the City of Newton, Kansas, is hereby amended to read as follows:

10.5 Unlawful Discharge of a Firearm.

(a)   Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.

(b)   This section shall not apply to the discharge of any firearm within or into the corporate limits of the city if:

(1)   The firearm is discharged in the lawful defense of one’ s person, another person or one’ s property;

(2)   The firearm is discharged at a private or public shooting range;

(3)   The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas Department of Wildlife, Parks and Tourism. A person holding a wildlife control permit must provide 24- hour advance notice to the Newton Police Department prior to the discharge of a firearm within the City;

(4)   The firearm is discharged to take a migratory bird as defined in the Migratory Bird Treaty Act by authorized law enforcement officers, animal control officers or a person who has a Migratory Bird Depredation Permit issued by the United States Fish and Wildlife Service. A person holding a Migratory Bird Depredation Permit must provide 24-hour advance notice to the Newton Police Department prior to the discharge of a firearm within the City;

(5)   The firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;

(6)   The firearm is discharged using blanks; or

(7)   The firearm is discharged in lawful self-defense or defense of another person against an animal attack.

(c)   The discharge of any firearm for the taking of wildlife within the corporate limits of the city, except as provided in ( b)( 3), is prohibited and shall constitute a violation of this section.

(d)   Unlawful discharge of a firearm is a Class B violation.

(Ord. 5033-21; Ord. 5049-21)

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)

Section 9.1 of the Uniform Public Offense Code of the City of Newton, Kansas is hereby amended to read as follows:

9.1 Disorderly Conduct

(a)   Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace:

(1)   Brawling or fighting;

(2)   Disturbing an assembly, meeting or procession, not unlawful in its character; or

(3)   Using fighting words.

(b)   Disorderly conduct is a Class C violation. (K.S.A. 21-6203)

(c)   As used in this section, “fighting words” means words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.

(Ord. 5144-24)