(a) It shall be unlawful for any person to blow, sweep, place or deposit any grass clippings, shrub clippings, leaves, vines, small trees, brush or limbs in any street or public right-of-way within the City of Caney, Kansas.
(b) This section shall not be construed to prohibit persons from placing bags or containers containing grass clippings, shrub clippings, leaves, vines, small trees, brush or limbs on the public right-of-way for trash collection at designated times.
(c) A violation of this section shall be punishable as a Class C violation under the Uniform Public Offense Code.
(Ord. 2141; Code 2022)
(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.
(b) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been ref used by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding,$1 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, “notice” includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person’s address as it appears on such check, draft or order. ·
(c) It shall be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:
(1) Was postdated, or
(2) Was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation.
(d) It shall be unlawful for any person, individual, public or private corporation, government, partnership or unincorporated association to give a worthless check as defined in subsection (a) hereof within the corporate limits of the City of Caney, for a sum of less than $50. Any person, individual, public or private corporation, government, partnership, or unincorporated association convicted of a violation of this section shall be subject to payment of a fine in a sum not to exceed $100, or to a term of confinement in the county jail for a period of not to exceed 30 days, or by) both such fine and incarceration.
(Ord. 866, Secs. 1:4)
(a) Except as authorized by the Uniform Controlled Substances Act of the State of Kansas, K.S.A. 65-4101 et seg., it will be unlawful for any person to manufacture, possess, have under such persons control, prescribe, administer, deliver, distribute, dispense or compound any material compound, mixture or preparation which contains any quantity of Tetrahydrocannabinols.
(b) Any person found guilty of manufacturing, possessing, having under such persons control, prescribing, administering, delivering, distributing, dispensing or compounding any material, compound, mixture or preparation which contains any quantity of Tetrahydrocannabinols shall be subject to a fine of not more than $500, or incarceration in the county jail for a period of not to exceed 30 days, or both such fine and imprisonment.
(Ord. 843, Sees. 1:2)
(a)
(1) 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 after a specified time selected by the owner or operator of the business or organization, providing the private parking area has been suitably marked as a “No Trespassing” area.
(2) 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.
(b) Permission to be in the area by the aforesaid owner or operator shall be a defense to this section.
(c) Violation of this section shall carry a penalty of a $50 fine, or 10 days in jail, or both such penalties. A second or subsequent violation shall carry a penalty of a fine of not less than $100, or 10 days in jail, or both such penalties.
(Ord. 816, Secs. 1:3)
(a) It shall be unlawful for any person over the age of 14 years but under the age of 18 years to be upon the streets, alleys, or in any other public place or place of business in the City of Caney, Kansas, after the hour of 12:00 midnight and before the hour of 6:00 a.m., unless such person shall be actually accompanied by such persons parent, legal guardian or other person over 25 years of age having lawful custody of such person.
(b) It shall further be unlawful for any person under the age of 14 years to be upon the streets, alleys or in any other public place or place of business in the City of Caney, Kansas, after the hour of 10:00 p.m. and before the hour of 6:00 a.m. unless such person shall be actually accompanied by such person’s parent, legal guardian, or other such person over the age of 25 years having lawful custody of such person.
(c) No person shall enter into or remain upon the premises of War Memorial Park, legally described as Block 2, McGee’s Addition to the City of Caney, Kansas, during the hours from 11:00 p.m. to 6:00 a.m.
(c) Any parent, legal guardian or any other persons having lawful custody, whose child, ward, or charge is guilty of a violation of this section is likewise guilty of a violation of this section.
(Ord. 957; Ord. 958; Ord. 1005; Code 2022)
(a) No person shall enter into or remain upon the premises of War Memorial Park (East 4th Street), the Ball Fields and Saddle Club Arena (West Sixth Street), the City Skate Park (East Fifth Street), the Basketball and Tennis Courts (East Fifth Street), North Wood Park (North Wood Street), Memorial Park (East Taylor Street), the Arrow Valve Ball Fields (North Foreman Street), or any other city park or ball fields, during the hours of 11 o’clock p.m. to 6:00 a.m., unless a city or recreation department sponsored function is in progress during said hours, in which case the curfew shall be extended as to that particular park or ball field until the function is over.
(b) Violation of this section shall be a Class C offense.
(Ord. 2044; Code 2022)
(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 the 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, 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 misdemeanor, the sentence for which shall be a fine in any sum not to exceed five hundred dollars ($500.00), or a definite sentence of confinement in a jail for a term not to exceed six (6) months, or by a combination of any such fine and term of confinement.
(Ord. 1057; Code 2022)
(a) Prohibited Act. It shall be unlawful for any person:
(1) To sell, furnish, or distribute cigarettes or tobacco products to any person under eighteen (18) years of age;
(2) Who is under eighteen (18) years of age to purchase or attempt to purchase cigarettes or tobacco products;
(3) Who is under eighteen (18) years of age to possess or attempt to possess cigarettes or tobacco products
(b) Penalties.
(1) Violation of subsection (a)(1), relating to the sale or distribution of cigarettes to any person under the age of 18 years of age., is a Class 1 offense:
(2) Violation of subsection (a)(2) or (3), which relates to the minor purchasing or attempting to purchase tobacco products, of this section and amendments thereto is a “cigarette or tobacco infraction” for which the fine is $25.00 in addition to court costs.
(Ord. 1070; Code 2022)
Disorderly conduct is with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(a) Engaging in brawling or fighting;
(b) Disturbing an assembly, meeting, or procession, not unlawful in its character;
(c) Addressing abusive language to any person present, which is likely to provoke a violent response;
(d) Doing of any act with knowledge or probable cause to believe that such act will alarm, anger or disturb others or provoke an assault or any other breach of the peace;
(e) Urinating in public with knowledge or reasonable anticipation that such act may be viewed by another.
Disorderly conduct is a Class C violation.
(Ord. 1045; Code 2022)
The unlawful operation or sale of an air gun, air rifle, bow and arrow, slingshot, or blowgun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or blowgun, within the city, except within the confines of the building or other structure from which the projectiles cannot escape, or the sale of any such device to any person under the age of eighteen (18) years.
Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, or blowgun is a Class C violation.
Unlawful sale of an air gun, air rifle, bow and arrow, slingshot, or blowgun is a Class A violation.
(Ord. 1079; Code 2022)
No provision of this section shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of this section to protect individuals from unreasonable intrusions caused by excessive, unnecessary, or unusually loud noises.
(a) It shall be unlawful for any person to make, continue, maintain, or cause to be made or continue any excessive, unreasonable, or unusually loud noise which disturbs, injures, endangers the repose, health, peace, or safety of other people of ordinary sensitivity within the vicinity of the noise.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.
(c) No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this section; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this section. For the purposes of this section, the term “neighboring inhabitants” includes those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise.
(d) No person shall knowingly keep or harbor within the corporate city limits of Caney any dog which is in the habit of barking or howling, by day or by night, in such a manner as to disturb the peace and quiet of any person or family within the city. 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, and 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, shall be a violation of this ordnance. In addition to any penalties imposed upon conviction of any violation of this section, the offending dog(s) may be removed from the location of the violation by either the police department or the animal control officer and placed in the city dog pound to eliminate the howling or barking dog sound from the neighborhood. Further, upon reasonable notice to the owner/possessor of such animal, and opportunity to be heard, the municipal court judge shall have the authority to order the dog to be permanently removed from the city limits should the problem recur.
(e) It shall be unlawful for any person to operate or occupy a motor vehicle, which is moving or stationary, and whether such person is 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.
(f) Exemptions. The requirements of this, ordinance shall not apply to the following, provided that all equipment is in good repair and operated properly:
(1) Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;
(2) Sounds emanating from law enforcement motor vehicles or other emergency vehicles including, but not limited to, snow clearing equipment;
(3) Alarm systems;
(4) Trash and waste pickup operations;
(5) Aircraft or railroads;
(6) Noise resulting from the activities of a temporary duration planned by school/university, governmental or community groups;
(7) Air conditioners and lawn care equipment;
(8) Construction operations;
(9) Church bells and campanile chimes;
(10) 4th of July fireworks;
(11) Noise made by children and adults on educational facility and athletic grounds during school curricular and extracurricular activities; and
(12) Festivals or events occurring on public or other grounds which are permitted or approved by the city.
(g) Upon a first conviction for a violation of this section, the court shall assess a fine of not less than $100.00. Upon a second conviction within one (1) year, the court shall assess a fine of no less than $150.00. Upon a third or subsequent conviction within one (1) year, the court shall assess a fine of no less than $250.00. Each day a violation occurs shall constitute a separate offense.
(Ord. 2178)