CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Provisions

It shall be unlawful for any person when legally called upon by any officer to refuse or neglect to aid or assist or to neglect to obey any lawful order or direction of any officer while enforcing any of the laws of the city.

(Code 1961, 6-1-3; Ord. 74; Code 2023)

(a)   It shall be unlawful for any person to ride or coast upon or use any bicycle, tricycle, skates, rollerblades, skateboard, scooter, sled, child’s wagon, or other toy vehicle upon any sidewalk in any business district in the city, or, except as hereinafter provided, to park or otherwise leave unattended any such bicycle, tricycle, skates, rollerblades, skateboard, scooter, sled, child’s wagon, or other toy vehicle on any sidewalk anywhere within the city; provided, however, nothing in this section shall be construed to prohibit a parent or other adult from pulling a child’s wagon upon any sidewalk anywhere within the city.

(b)   Anyone operating any bicycle, tricycle, skates, rollerblades, skateboard, scooter, sled, child’s wagon, or other toy vehicle on any sidewalk in a residential area shall yield right of way to all pedestrians and shall operate in such a manner that pedestrians on such sidewalk are not endangered.

(c)   In any business district, if no other practical space is available, a bicycle may be parked on the sidewalk adjacent to a business establishment for so long as the rider thereof shall be in such business establishment; provided, the bicycle shall always be parked to minimize hazard to pedestrians using the sidewalk and not block or impede access to the entrance of said business establishment.

(d)   For the purposes of this section, that area at the corner of Fourth Avenue and Oak Street, commonly known as “Harris Park” shall be deemed a sidewalk and the terms of this section shall apply therein.

(Code 1961, 6-1-14; Ord. 3634; Code 2023)

Unlawful posting of pictures and advertisements is:

(a)   Putting up, affixing, or fastening of either or both a picture or an advertisement to a telegraph, telephone, electric light or power pole or to any other utility or signal pole, or to any traffic signpost or signal post or pole, or on the face of any lawful sign including traffic or other signs which are only informational;

(b)   Allowing any advertisement, picture or other poster or placard, other­ wise legal, to remain on display more than forty-eight (48) hours following the time or date of such event to which it refers; or

(c)   Allowing any advertisement, picture or other poster or placard, otherwise legal, to become so deteriorated or disfigured as to be unsightly or to tear or break up so as to constitute littering.

Posting any such pictures or advertisements is hereby declared unlawful.

(Code 1961, 6-1-23; Ord. 3388; Code 2023)

(a)   Definition: “Littering” is the dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left, any refuse of any kind or any object or substance which tends to pollute, mar or deface.

(b)   Littering Prohibited: It shall be unlawful for any person to litter:

(1)   Any public street, highway, alley, road, right of way, park or other 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.

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

(Code 1961, 6-1-24; Ord. 2268; Code 2023)

It shall be unlawful for any student or any person who is not enrolled in any public or private school, or who has been suspended or dismissed from such public or private school to stay or remain on or about the premises of such public or private school without any lawful purpose.

(Code 1961, 6-1-26; Ord. 2119; Code 2023)

It shall be unlawful for any person to disrupt the normal activity or disturb the peace of any public library or of any public or private school and/or assembly of students for any school activities or athletic events conducted by such public or private school.

(Code 1961, 6-1-27; Ord. 2120; Code 2023)

(a)   It shall be unlawful for any person to consume or to have and possess any alcoholic beverage, except in the original and unopened container:

(1)   Upon any public street, road, alley, or other right of way or upon the public square;

(2)   While operating any vehicle upon any public street, road, or alley;

(3)   In any motor vehicle parking lot whether publicly or privately owned which is accessible to the public, irrespective of whether or not any fee is charged to gain entry or access thereto;

(4)   In, upon, or within one hundred feet (100’) of any public baseball or softball playing field or the Garnett sports complex; or

(5)   In or upon the Garnett municipal swimming pool, the Garnett municipal stadium and the grounds surrounding both such facilities, described as follows:

Commencing at the center of the intersection of North Lake Road and Park Road, thence running Westerly along the center line of Park Road to the point said roadway intersects the Prairie Spirit Rail Trail (formerly the right of way of the AT&SF Railway), thence Northwesterly along the center line of said trail to a point 300 feet due north of the north wall of Municipal Stadium, thence Easterly to the center line of North Lake Road, thence Southerly along the center line of said North Lake Road to the point of beginning.

(b)   Notwithstanding the provisions of subsection (a), the City Commission may, upon written request for a special event, permit consumption or possession in an open container of alcoholic beverage at all such locations, except while operating any vehicle upon any public street, road or alley as prohibited in subsection (a)(2), in connection with the requested special event at such location or locations, upon such terms and conditions as appear appropriate. Such conditions shall be specified either in a contract with the organization or entity sponsoring the special event or in a resolution of the Commission.

(Code 1961, 6-1-28; Ord. 3806; Ord. 4004; Code 2023)

(a)   “Public defecation” is the act of discharging waste matter from the human body, either fecal matter or urine, done in a public place other than in an area, structure, or facility specifically provided for such purpose.

(b)   Public defecation is hereby declared to be unlawful and any person convicted of “public defecation” as defined by this section shall be guilty of a misdemeanor and punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for a period of not more than thirty (30) days or by both such fine and imprisonment.

(Code 1961, 6-1-29; Ord. 2422; Code 2023)

(a)   It shall be unlawful for any person under the age of twenty-one (21) years to have in his or her possession or to exercise any control over any alcoholic beverage.

(b)   The term “alcoholic beverage”, as used in this section, shall mean any alcoholic liquor as defined by K.S.A. 41-102, and amendments thereto, or any cereal malt beverage as defined by K.S.A. 41-2701, and amendments thereto.

(c)   Violation of this section is hereby specifically declared to be a misdemeanor for purposes of prosecuting any violations of the section under the Kansas juvenile code. A person violating this section and liable to prosecution therefor in the municipal court of the city shall, upon conviction, be punished as provided in the general penalty provisions of this code.

(Code 1961, 6-1-30; Ord. 3156; Code 2023)

It shall be unlawful for any person to stay or remain on or about the premises of any business property located within the city without any lawful purpose, unless such business establishment shall be at that time open to the general public for the regular conduct of business or unless such person shall have then and there in his possession authorization in writing of the owner, occupant, or any other person having lawful control thereof.

Any person convicted of violating the terms of this section shall be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for a period of not more than thirty (30) days or by both such fine and imprisonment.

(Code 1961, 6-1-31; Ord. 2424; Code 2023)

(a)   Definition: “Tampering with utility equipment” is the unauthorized meddling or interference with or operation of, by means direct or indirect:

(1)   Any switch, switchgear, fuse, transformer, insulator, wire or other utility equipment owned by the city and utilized by said city for the production, sale, transmission or delivery of electrical energy, or of street and public way lighting service, including, but not limited to, ornamental and holiday lighting displays.

(2)   Any valve, meter, pipe, pressure regulator, pump or other utility equipment owned by the city and utilized by said city for the production, transmission, sale or delivery of water or natural gas.

(3)   Any pipe cleanout, lift station, sampling equipment or treatment equipment, or other utility equipment owned by the city and utilized by said city for the carrying, treatment or disposal of sewerage.

(b)   Tampering Prohibited: It shall be unlawful, and is hereby declared to be a misdemeanor for any person to tamper with utility equipment of the city.

(c)   Penalty: Any person violating this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment.

(Code 1961, 6-1-32; Ord. 2480; Code 2023)

It shall be unlawful and punishable as an unclassified misdemeanor:

(a)   For any person to obtain from any of Garnett’s municipal utility systems by temporary interconnection through a neighbor’s or other adjacent property’s meter, any natural gas, electric or water utility service at a time when such person is under a suspension order with regard to any one or more of such municipal utility services, and when such suspension order is either for nonpayment for such service or for noncompliance with a lawful administrative order limiting delivery of such services for safety reasons; or

(b)   For any utility customer of any one of the city’s said utilities knowingly to aid, abet or assist in any way any person in the violation of subsection (a) by allowing temporary interconnection to such utility customer’s natural gas line, electric line or water piping; provided, however, nothing in this subsection shall prohibit any utility customer from supplying utility services to a neighboring property on a temporary basis where such is necessitated by weather or major disaster or similar event, so long as such can be done safely.

(Code 1961, 6-1-34; Ord. 3978; Code 2023)

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure or dwelling under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snap lock or other locking device which may not be released from the inside, without first removing said door or lid, snap lock or other locking device.

(Code 1961, 6-4-1; Code 2023)

(a)   It shall be unlawful for any person under eighteen (18) years of age to be upon any of the public streets, alleys, or other public grounds within the City between the hours of one minute after twelve o’clock (12:01) A.M. and five o’clock (5:00) A.M. of any day, unless such person shall be accompanied by his or her parent or guardian, or shall then and there have in his or her possession written permission from such parent or guardian, so as to be abroad at such time; provided, however, that any such written permission shall be limited to a specific date and blanket permission shall be of no force or effect whatsoever.

(b)   Any parent, guardian, or other person having actual custody of any person under eighteen (18) years of age who shall allow, permit, aid, or abet such person under eighteen (18) years of age to violate subsection (a), shall be deemed guilty of contributing to such person’s violation hereof and shall be, upon conviction, fined as provided in the general penalty provisions of the Municipal Code.

(Code 1961, 6-6-1; Ord. 2955; Code 2023)

(a)   The words “plastic coverings”, “plastic bag” or “plastic package” when used in this article shall mean any covering, package or bag made of plastic material sufficiently thin and pliable to respond to static electricity created by contact with the human body to the extent that it clings to the human skin or body.

(b)   It shall be unlawful for any person to have in his possession, or to deliver as a cover or wrapper, any plastic bag that is of sufficient size to fit over a child’s head, or any bag which, when open has an opening larger than twenty-five (25) square inches or a capacity of more than one hundred twenty-five (125) cubic inches, unless there is at all times clearly printed on such bag or covering, or on a paper attached to such bag or covering, words in letters at least one-quarter inch (1/4) high as follows:

       WARNING: To avoid danger of suffocation keep this bag (or covering) away from babies and children. Do not use in cribs, beds, carriages or play pens. This is not a Toy.

(c)   Any plastic bag, covering or package not carrying or accompanied by the printed warning as provided in subsection (b) is hereby declared a nuisance.

(Code 1961, 6-7-1; Code 2023)

(a)   It shall be unlawful for any person, firm, or corporation knowingly or wantonly to operate or cause to be operated, any machine, device, apparatus, instrument or wiring of any kind whatsoever within the Corporate Limits, the operation of which shall cause reasonably preventable interference with radio or television option within said City; provided, however, that x-ray pictures, examinations and treatment may be made at any time if the machine or apparatus used therefore are properly equipped to avoid all unnecessary or reasonably preventable interference with radio or television reception and are not negligently operated.

(b)   This section shall not be held or construed to embrace or cover the regulations of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any Act of the Congress of the United States.

(c)   The Building Inspector or any police officer, or any person designated by the Governing Body of such City for such purposes, shall have the right at any reasonable hour to enter any place of business or other premises in the City for the purpose of inspecting or locating or attempting to locate any wires, machine, device, apparatus or instrument of any kind whatsoever, which is or may be kept or operated on any such premises in violation of the provisions of this article, and any person who shall prevent or attempt to prevent such Building Inspector or police officer or any person designated by the Governing Body for such purpose from entering any premises in the City for such purpose shall be deemed guilty of a violation of this article

(Code 1961, 6-8-1; Ord. 1405; Code 2023)