(a)   There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Concordia, Kansas, that certain Uniform Public Offense Code known as the Uniform Public Offense Code for Kansas Cities, Edition of 2023, (hereinafter UPOC) prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as hereinafter omitted, deleted, modified or amended.  Not less than three (3) copies of the UPOC shall be marked or stamped “Official Copy as adopted by Ordinance No. 2023-3202,” with all sections or portions thereof intended to be omitted, deleted, modified or amended clearly marked to show any such omission, deletion, modification or amendment and to which shall be attached a copy of said incorporating ordinance, and filed with the City Clerk to be opened to 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 the ordinance shall be supplied, at the cost of the city, such number of official copies of the UPOC, similarly marked, as may be deemed expedient.

(b)   Omissions and Amendments to UPOC.

(1)   No Implied repeal of Concordia Code Provisions: All Concordia Code provisions concerning wrongful acts, public offenses or misdemeanors not specifically repealed hereby shall remain in full force and effect, and all offenses, misdemeanors or wrongful acts regulated and penalized by any such provision or section of the Concordia Code shall remain in full force and effect and shall be construed and adjudicated in accordance with the provisions of the Concordia Code.

(2)   Specific amendments or additions: None.

(3)   Changes made by the State of Kansas: See attached

(c)   Fines. Every person convicted of a misdemeanor under this article may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the Court or Municipal Judge, not to exceed the maximum of Article 12 of the UPOC.

(K.S.A. 12-3009 et seq., 12-3301 et seq.; Ord. No. 2014-3080, § 2, 8-20-2014; Ord. 2015-3099; Ord. 2016-3112; Ord. 2017-3124; Ord. 2018-3142; Ord. 2019-3150; Ord. 3168; Ord. 2021-3183; Ord. 2022-3190; Ord. 2023-3202)

Compounding a crime is accepting or agreeing to accept any thing of value as consideration for a promise not to initiate or aid in the prosecution of a person who has violated an ordinance of this city. Compounding a crime is a misdemeanor.

(K.S.A. 21-3807; Code 1971, § 15-5)

It shall be unlawful for any person to smoke cigarettes, tobacco or any other substance in or upon the premises located at 310 West Sixth Street, Concordia, Kansas, and known as the Brown Grand Opera House.

(Code 1971, § 15-42)

(a)   Except as provided in this section, it shall be unlawful for any person to smoke or carry a lighted cigar, cigarette or pipe (smoking) within any properly posted building or vehicle owned by the city. For purposes of this section, the term “building” shall mean:

(1)   Any covered, enclosed structure built for support, shelter or enclosure of persons, animals, chattels or moveable property of any kind, and which is permanently affixed to land, and which is heated, cooled or ventilated by mechanical means; and

(2)   All structures, either temporary or permanent, from which food or drink is dispensed.

(b)   The following shall be exempt from the provisions of this section:

(1)   Buildings owned by the city, but leased or otherwise possessed by tenants pursuant to revenue bond financing, lease purchase financing or pursuant to any other similar economic development incentive program;

(2)   Buildings owned by the city, but leased or otherwise possessed by state or federal government agencies; and

(3)   Buildings owned by the city, but leased or otherwise possessed by tenants whose leases or documents granting possessory rights expressly exempt such tenants from the provisions of this section.

(c)   Buildings and vehicles in which smoking is prohibited under the terms of this section shall be conspicuously posted with appropriate signage, clearly stating that smoking is prohibited by city ordinance.

(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 $20.00 for each violation. Each day a violation shall continue shall constitute a separate offense.

(e)   Any person found guilty of defacing or removing no smoking signs posted pursuant to this section is guilty of a misdemeanor punishable by a fine of not more than $20.00 for each violation.

(Code 1971, § 15-43(a)—(e))

It shall be unlawful for any person to put up any handbill, advertisement, poster, show bill, or other sign on any building, pole, or property not belonging to such person without permission from the owner thereof.

(Code 1971, § 15-8)

It shall be unlawful for any person to distribute any circulars, advertisements, dodgers or notices of any kind by throwing them in any street, alley or other public place or by leaving or throwing them in or upon any yard, lawn or porch, provided they may be distributed by delivering them to persons.

(Code 1971, § 15-9)

Section 10.6 of the Uniform Public Offense Code shall not prohibit the operation of bows and arrows at an outdoor archery range that is on the property of and under the supervision of a community college or school district.

(Ord. No. 2005-2887, § 1, 4-20-2005)

(a)   It shall be unlawful for any person to strike, hit, beat, abuse, tease, harass, assault, or pet without the permission of the handler, any dog being used by the city for the purpose of performing the duties of a police dog, regardless of whether the dog is on duty or off duty.

(b)   It shall be unlawful for any person to interfere with a dog being used by the police department or to attempt to interfere with the handler of any such dog in such a manner as to inhibit, restrict, or deprive said handler of his or her control of the dog.

(c)   Violation of this section is a Class B violation.

(Ord. No. 2006-2925, § 1, 10-4-2006)

(a)   The police department is required to establish regulations detailing the collection, storage, and inventory of property which may come under its control by any manner. 

(b)   Any property which has been acquired or turned over to the police department and has been classified in accordance with procedures existing in the police department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days. After a period of 90 days, such property, except as provided in subsection (c), shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund. Any property held as evidence of a crime shall be retained until the municipal or district court enters an appropriate order of destruction or other disposition.

(c)   The following classes of property shall be considered exceptions and shall be dealt with in the following manner:

(1)   Cash money shall be turned over to the city general fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in subsection (b).

(2)   Firearms which are available for disposition may be dealt with in the following manner:

(A)  If compatible with law enforcement usage, they may be turned over to the police department inventory.

(B)  They may be sold to a firearms dealer who maintains the appropriate federal firearms license.

(C)  They may be destroyed.

(D)  In no case shall firearms be sold at public auction.

(3)   Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband nature shall be destroyed.

(4)   Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.

(5)   Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter variety, shall be destroyed.

(6)   Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.

(7)   Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.

(8)   Items with an estimated value in excess of $500 may be sold after publication at least one time in the official city newspaper. Such sales may be by closed bid unless it is determined that a public auction would be in the best interest of the city. 

(d)   The police department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner. Any storage costs, including any related or incidental costs shall be charged to and paid by the owner of such property. 

(e)   Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented. 

(f)   At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the police department. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the police department and any claims on property must be made prior to start of the auction.

(Ord. 2023-3206)