(a)   It is unlawful for any person to enter, remain, or be found in the following-described areas of the City of Cherryvale, Kansas, between the hours of 10:00 p.m. and 6:00 a.m. of the morning after:

(1)   The area known as Logan Park which is bounded on the north by Park Street, on the south by Clark Street, on the east by Liberty Street, and on the west by Walnut Street;

(2)   The City water treatment plan which is bounded on the north by the Cherryvale City Limits, on the south by Martin Street, on the east by Liberty Street, and on the west by Coyle Street extended;

(3)   The City sewage treatment plant, which is bounded on the north by Second Street extended, on the south by Main Street extended, on the east by Male Street, and on the west by Cherry Township; and

(4)   The area known as Fairview Cemetery located in the northeast quadrant of the City of Cherryvale on North Olive Street which forms the west boundary of the cemetery.

(Code 2001, 3-401:404; Code 2014; Ord. 14-4644; Ord. 23-4747)

(a)   DEFINITIONS.  For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.

(1)   CITY is the City of Cherryvale, Kansas.

(2)   MINOR is any person under the age of eighteen (18) years of age.

(3)   PARENT is the natural or adoptive parent of a minor.

(4)   GUARDIAN is any person other than a parent, who has legal guardianship of a minor.

(5)   CUSTODIAN is any person other than a parent, who has legal guardianship of a minor.

(6)   PUBLIC PLACE shall mean any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theatre, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public.  It shall also include the front or immediate area of the above.

(b)   CURFEW FOR MINORS. It shall be unlawful for any minor to remain, idle, wander, stroll or play in a public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the City between the hours of 10:00 p.m. and 6:00 a.m. of the morning after unless accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity permitted ·by his or her parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is com1ected or required by some legitimate employment, trade, profession or occupation, including school activity.

(c)   RESPONSIBILITY OF OWNERS OF PUBLIC PLACES. It shall be unlawful for any person, firm, corporation or other business operating or having charge of any public place to knowingly permit or suffer the presence of minor under the age of eighteen (18) years of age between the hours of 10:00 p.m. and 6:00 a.m. of the morning after.

(d)   PARENTS- RESPONSIBILITIES.  It shall be unlawful for the parent, guardian, or other adult person having custody or control of any minor under the ages of eighteen (18) years or age to suffer or permit or by insufficient or inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the City between the hours of 10:00 p.m. and 6:00 a.m. of the morning after. However, the provisions of this Section do not apply to a minor accompanied by his or her parent, guardian, custodian, or other adult person having the care, custody, or control of the minor, of if the minor is on an emergency errand or specific business or activity including school activity directed by his or her parent, guardian, custodian, or other adult having the care and custody of the minor, or if the parent, guardian, or other adult person herein has made a missing person notification to the Police Department.

(e)   PROCEDURES.

(1)   Any police officer upon finding a minor in violation of this section shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode.

(2)   The police officer shall report such action to the dispatcher of the Police Department, and either the police officer or the dispatcher shall notify the parents, guardian, or person having-custody or control of such minor.

(3)   If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor.

(4)   If the parent, guardian or other adult person cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.

(f)    PENALTIES. Any person violating this Section 11-202 shall be, after having been previously notified under the Section, guilty of a Class C misdemeanor.

(Code 2001, 8-415; Code 2014; Ord. 23-4748)

It shall be a class C misdemeanor for any person to ride or place a bicycle, skate board, roller skates, wheeled vehicle, or other wheeled devices on tennis courts owned or maintained by the city, without obtaining a permit from the City Clerk.

(Code 2001, 8-406; Code 2014)

Opening, damaging or removing coin-operated  machines is willfully and knowingly opening, removing or damaging any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services or any part thereof, with intent to commit theft.

(Code 2001, 8-407; Code 2014)

Possession of tools for opening, damaging or removing coin-operated machines is the possession of any key, tool, instrument or other device, or any drawing, print or mold of a key or other device or any explosive specifically designed for or suitable for use in opening or breaking into any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services with intent to commit theft. Possession of tools for opening, damaging or removing coin-operated machines is a Class A misdemeanor.

(K.S.A. 21-3741; Code 2001, 8-408; Code 2014)

(a)   Unlawful hunting is fishing, or shooting, hunting or pursuing any bird or animal upon any land of another or from any traveled public road or railroad right of way that adjoins occupied or improved premises, without having first obtained permission of the owner or person in possession of such premises.

(b)   Unlawful hunting is a class C misdemeanor.

(1)   Upon the first conviction thereof, in addition to any authorized sentence imposed by the court, the court may require the forfeiture of the convicted person’s hunting or fishing license, or both or, in any case where such person has a combination license, the court may require forfeiture of a part or all of such license and the court may order such person to refrain from hunting or fishing, or both, for one (1) year from the date of such conviction.

(2)   Upon any subsequent conviction thereof, and in addition to any authorized sentence imposed by the court, such court shall require the forfeiture of the convicted person’s hunting or fishing license or both, or in any case where-such person has a combination license, the court shall require the forfeiture of a part or all of such license and the court shall order such person to refrain from hunting or fishing, or both, for one (1) year from the date of such conviction. A person licensed to hunt and following or pursuing a wounded game bird or animal upon any land of another without permission of the landowner or person in lawful possession thereof shall not be deemed to be in violation of this provision while in such pursuit.

(K.S.A. 1930 Supp. 21-3728; Code 2001, 8-409; Code 2014)

Vagrancy is:

(a)   Engaging in an unlawful occupation;

(b)   Being of the age of eighteen (18) years or over and able to work and without lawful means of support and failing or refusing to seek employment;

(c)   Loitering in any community without visible means of support;

(d)   Loitering on the streets or in a place open to the public with intent to solicit for immoral purposes; or

(e)   Deriving support in whole or in part from begging.

Vagrancy is a Class C misdemeanor.

(K.S.A. 21-4108; Code 2001, 8-411; Code 2014)

Public intoxication is being on a highway or street or in a public place or public building while under the influence of intoxicating liquor, narcotics or other drug to the degree that one may endanger himself or other persons or property, or annoy persons in his vicinity. Public intoxication is a class C misdemeanor.

(K.S.A. 21-4109; Code 2001, 8-412; Code 2014)

Every person, company, corporation, their agents, or employees who shall permit any car, or train of cars, or locomotive to stand upon or obstruct any sidewalk, street or alley in this city for a longer period at any time than five (5) minutes shall be guilty of a Class C misdemeanor.

(Code 2001, 8-413; Code 2014)

(a)   Smoking in a public place; definitions. As used in this section:

(1)   ‘Public place’ means enclosed indoor areas open to the public or used by the general public including but not limited to: Restaurants, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, educational facilities, libraries, courtrooms, state, county or municipal buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities.

(2)   ‘Public meeting’ includes all meetings open to the public.

(3)   ‘Smoking’ means possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment.

(b)   Same; smoking in public place prohibited, exceptions; designated smoking areas.

(1)   No person shall smoke in a public place or at a public meeting except in designated smoking areas.

(2)   Smoking areas may be designated by proprietors or other persons in charge of public places, except in passenger elevators, school buses, public means of mass transportation and any other place in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation.

(3)   Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

(c)   Same; posting smoking prohibited  signs and designated smoking area signs; proprietor or person in charge of public place authorized to establish designated smoking area.   The proprietor or other person in charge of the premises of a public place shall post or cause to be posted in a conspicuous place signs clearly stating that smoking is prohibited by state law.  The person in charge of the premises shall also post or cause to be posted in any designated smoking area, signs stating that smoking is permitted in such room or area. The proprietor or person in charge of the public place shall have the authority to establish the percentage of area in the public place which shall be posted and designated as a smoking area.

(d)   Any person found guilty of smoking in violation of this section is guilty of a misdemeanor punishable by a fine of not more than $20 for each violation.  Any person found guilty of failing to post signs as required by this act, is guilty of a misdemeanor punishable by a fine of not more than $50. In addition, the department of health and environment, or local department of health, may institute an action in any court of competent jurisdiction to enjoin repeated violations of this section.

(Code 2001, 8-414; Code 2014)

No person except pursuant to the provisions of the Uniform Controlled Substances Act of the State of Kansas shall have in their possession the drug known as cannabis sativa L (marijuana) within the City. Possession of Marijuana is a Class A violation.

(Code 2001, 8-416; Code 2014)

It shall be unlawful for any person, firm, or corporation to possess, have under such person’s control sell or offer for sale, or have in such person’s possession with intent to sell any drug paraphernalia as the same is defined in K.S.A. 21-5701 et seq.

Possession and sale of drug paraphernalia is a Class A violation.

(Code 2001, 8-417; Code 2014)

(a)   It shall be unlawful for any person or motor vehicle to trespass in a private parking area adjacent to or near a business establishment or organization offering goods or services of any nature to the public, or upon any other parking area normally open to the public, after a specified time selected by the owner or operator of the business or organization; provided, the private parking area has been suitably marked “No Trespassing.”

(b)   For the purpose of this section, a suitable marker shall be one that contains the words “No Trespassing after (a specified time)” or words of similar impact.

(c)   Permission to be in said area by the owner or operator of the property shall be a defense to this section.

(d)   Trespass in Parking Lots is a Class B violation.

(Code 2001, 8-418; Code 2014)

It shall be unlawful for any person to enter upon private property or to loiter in a public street, alley, parking lot, or other public place for the purpose of looking or peeping into any window, door, skylight, or other opening, or to otherwise wrongfully observe the actions of occupants of any house, room, or building situated upon private property, except when done by a person other than the lawful occupants thereof. Window peeping is a Class C violation.

(Code 2001, 8-419; Code 2014)

Aiding a person who has been convicted of or who has been charged with committing a misdemeanor under the laws of Kansas, another state, or of the City, is knowingly concealing or aiding such person with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such misdemeanor.

(Code 2001, 8-421; Code 2014)

(a)   Failure to appear is willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before the municipal court of this city, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days after his or her conviction of a misdemeanor has become final by one who has been released on an appearance bond by any court of this state.

(b)   Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a) of this section.

(c)   The provisions of subsection (a) of this section shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.

(d)   Failure to appear is a class B misdemeanor.

(Code 2001, 8-422; Code 2014)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operating of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   “Sound amplification system” means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the City of Cherryvale or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Cherryvale;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.

(e)   PENALTY. Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Code 2001, 8-423; Code 2014)

(a)   No person shall knowingly or intentionally, in a public place, show the human male or female genitals, pubic area, or buttocks with a less than fully opaque covering; nor shall any person show the female breast with less than a fully opaque covering of any part of the nipple; nor shall any person show the covered male genitals in a discernibly turgid state., For purposes of this section a “public place” shall be defined to mean any club, theatre, carnival, show, store, restaurant, soft drink stand, hotel lobby, park, public swimming pool, plaza or square, or any other place to which the public is admitted, whether with or without the payment of any consideration for such admission.

(b)   Violation of this section shall be a Class A misdemeanor.

(Code 2001, 8-424; Ord. 02-4340; Code 2014)

The following conduct by a club licensed under Chapter III hereunder, or any licensee, manager or employee of any club so licensed, is deemed contrary to public welfare and is prohibited:

(a)   Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic hair, anus, buttocks or genitals;

(b)   Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks , anus, vulva or genitals of any other employee or patron;

(c)   Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee;

(d)   Performing or permitting any person to perform on the licensed premises acts of or acts which emulate:

(1)   Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law;

(2)   Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals;

(e)   Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section.

(f)    Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:

(1)   Acts or simulated acts of sexual intercourse masturbation, sodomy, or any sexual act which is prohibited by law;

(2)   The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts; or

(3)   Scenes in which a person displays the buttocks, anus, genitals or the female breasts.

(g)   As used in this section, the term “Premises” means the premises licensed by the State of Kansas as a private club and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

(h)   Violation of this section shall be a Class A misdemeanor.

(Code 2001, 8-425; Ord. 02-4340; Code 2014)

(a)   It shall be unlawful for any person to drop, deposit or leave any litter, trash, debris or unwanted property on either public or private property without the prior consent of the owner of such public or private property.

(b)   It shall be unlawful for any person to leave at the City brush pile any material except for yard waste; including grass clippings, leaves and tree and brush limbs which are specifically allowed.

(c)   A violation of this Ordinance shall be considered a class C misdemeanor.

(Ord. 14-4655)

(a)   A Kansas fishing license and trout permit shall be required of all persons age 16 and older fishing for trout at Lake Tanko between November 1st and April 15th.

(b)   The daily creel limit is 5 trout unless otherwise posted.

(c)   The possession limit is 3 times the daily creel limit.

(d)   Anglers 15 or younger may fish without a permit but are limited to 2 trout per day; or they may purchase a permit and take 5 trout per day.

(Ord. 15-4659)

It shall be unlawful to make or cause to be made a noise disturbance within the City of Cherryvale, Kansas.  A noise disturbance shall include any or all of the following:

(a)   A sound registered on a decibel meter from any source not exempted or otherwise regulated by this chapter and which, when measured anywhere off the property of the sound source, is in excess of the dB(A) established for the time periods and zones listed below:

Sunday through Thursday:

Area                                 6:00 a.m. – 11:00 p.m.              11:00 p.m. – 6:00 a.m.

Residential zones                           80 dB(A)                                  75 dB(A)

Commercial zones                         90 dB(A)                                  75 dB(A)

 

Friday and Saturday:

Area                                 6:00 a.m. – 12:00 a.m.              12:00 a.m. – 6:00 a.m.

Residential zones                           80 dB(A)                                  75 dB(A)

Commercial zones                         90 dB(A)                                  75 dB(A)

The prohibition created in this subsection (a) shall include, but not in any way be limited to, sounds created by generators, power tools, mechanical equipment, or any other object(s), unless otherwise exempted by this Ordinance.

(b)   The owning, keeping, or harboring of any animal that howls, barks, or emits audible sounds, without provocation of the complainant, that are unreasonably loud or disturbing which are of such character, intensity, and duration as to disturb the peace and quiet of a reasonable person in the neighborhood or to be detrimental to the life and health of any individual.

(c)   The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any sound amplification or producing device or similar equipment is creating a sound that is plainly audible at least 50 feet from the source of the sound.

(d)   Exemptions. The following shall not be considered to be notice disturbances for purposes of this ordinance:

(1)   Sound from law enforcement motor vehicles and other emergency motor vehicles including, but not limited to, snow-clearing equipment.

(2)   Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities engaged in preparing for or remedying a potentially hazardous situation.

(3)   Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit which specifically allows sound levels in excess of those set forth in this ordinance from any department, board or commission of the city authorized to issue such license or permit.

(4)   The 4th of July.

(e)   Penalties. Upon a first conviction for a violation of this section, the court shall assess a fine of no less than $50.00. Upon a second conviction, the court shall assess a fine of no less than $150.00. Upon a third or subsequent conviction, the court shall assess a fine of no less than $250.00.

(Ord. 22-4741)