City of Mission, KS Article VII Offenses Against The Public Safety

Section 215.120 (Reserved) [1]

[1] Editor's Note — Ord. no. 1352 §1, adopted August 17, 2011, repealed section 215.120 "criminal use of weapons" in its entirety. The Uniform Offense Code contains the provisions regulating the criminal use of weapons.

Section 215.130 Possession or Carrying of Certain Firearms.

[Ord. No. 1229 §§1 — 5, 2-21-2007]

A. As used in this Section, the term "firearm" shall mean any handgun, pistol or revolver.

B. Pursuant to the authority granted to property owners and to the owners or operators of businesses under the Personal and Family Protection Act, Chapter 32 of the 2006 Session Laws of Kansas, as amended by Chapter 210 of the 2006 Session Laws of Kansas, the Governing Body of the City of Mission, Kansas, hereby prohibits the carrying of any concealed firearm by any person other than those identified in Subparagraph (7) below while in or upon the premises of any of the following properties which are owned by the City of Mission, Kansas, and/or on which the City is operating as a public employer:

1. The City Hall located at 6090 Woodson, Mission, Kansas;

2. The Sylvester Powell Junior Community Center located at 6200 Martway, Mission, Kansas;

3. The Outdoor Mission Swimming Pool and Facilities located at 6090 Woodson, Mission, Kansas;

4. The Public Works building located at 4775 Woodson, Mission, Kansas;

5. Any City park or playground within the City of Mission, Kansas;

6. Any property being utilized on a temporary basis as a public building or facility;

7. Any properly utilized for City sponsored event or festival sponsored by the City of Mission, Kansas.

C. Violation of Subsection (B) of this Section is a Class B violation.

D. The prohibitions set forth in Subsection (B) above shall apply both to the interiors of the structures on all such properties and to the exterior areas; provided however, that the prohibitions shall not apply to persons who are otherwise lawfully in possession of any such firearm while in a motor vehicle which is located in an area designated for public vehicular traffic or for public vehicular parking.

E. The prohibitions set forth in Subsection (B) above shall not apply to any person identified under the exclusions set forth in Subsections (b) or (c) of K.S.A. 21-4201 regarding the criminal use of weapons, as said provisions now apply or may hereafter be amended.

Section 215.140 Wearing Masks In Public Places Of Business During The Covid-19 Public Health Emergency And Recovery.

[Ord. No. 1545, 1-12-2022]

A. Mask Or Other Face Covering; Definitions And Applicability.

MASK OR OTHER FACE COVERING

A covering of the nose and mouth that is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face. A mask or other face covering can be made of a variety of synthetic and natural fabrics, including cotton, silk, or linen, and may include a plastic face shield. Ideally, a mask or other face covering has two (2) or more layers. A mask or other face covering may be factory-made, sewn by hand, or can be improvised from household items such as scarfs, bandanas, t-shirts, sweatshirts, or towels.

PUBLIC SPACE

Any indoor space or area that is open to the public.

a. Except as set forth in Subsection (B)(2) below, the term "public space" does not include private residential property or private offices or workspaces that are not open to customers or public visitors.

b. The term "public space" shall not include, and this Section 215.140 shall not apply to: (i) churches, synagogues, mosques, or other places of religious worship; (ii) public or private schools; or (iii) public buildings or facilities owned or operated by any unit of government or political subdivision other than the City itself, including but not limited to those buildings or facilities owned or operated by the County, the school district, the State, or the Federal government, or any agency or division thereof.

B. Mask Or Other Face Covering; When Required. All persons in the City shall cover their mouths and noses with a mask or other face covering when they are in the following situations:

1. Inside any indoor public space; or

2. Obtaining services from the healthcare sector in settings, including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider.

C. Mask Or Other Face Covering; Exemptions. The following individuals are exempt from wearing a mask or other face covering in the situations described in Subsection (B) above:

1. Persons aged five (5) years or under — children aged two (2) years and under in particular should not wear a mask or other face covering because of the risk of suffocation;

2. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering — this includes persons with a medical condition for whom wearing a mask or other face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance;

3. Persons who are deaf or hard of hearing, or communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication;

4. Persons for whom wearing a mask or other face covering would create a risk to the person related to their work, as determined by local, State, or Federal regulators or workplace safety guidelines;

5. Persons who are obtaining a service involving the nose or face for which temporary removal of the mask or other face covering is necessary to perform the service;

6. Persons who are patronizing a restaurant or other establishment that offers food or beverage service, while they are eating or drinking;

7. Persons who are guests in a private rental space where food or beverage services are being offered, while they are eating or drinking;

8. Persons who are engaged in an organized sports or athletic activity that allows persons or athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity;

9. Persons who are engaged in an activity that a professional or recreational association, regulatory entity, medical association, or other public-health-oriented entity has determined cannot be safely conducted while wearing a mask or other face covering;

10. Persons engaged in religious services, ceremonies or activities;

11. Persons engaged in an activity or event held or managed by the Kansas Legislature;

12. Persons engaged in a court-related proceeding held or managed by the Kansas Judiciary; and

13. Persons engaged in any lawful activity during which wearing a mask or other face covering is prohibited by law.

D. Mask Or Other Face Covering; Penalties; Enforcement.

1. The knowing and willful failure or refusal to comply with the requirements of this Section 215.140 shall be an unclassified violation. Any fine imposed for a violation of this Section shall not exceed twenty-five dollars ($25.00).

2. This Section 215.140 may be enforced by the Police Department, with appropriate proceedings following citation in municipal court.

3. Notwithstanding the foregoing, violation of any provision of this Section 215.140 constitutes an imminent threat and immediate menace to public health. All remedies prescribed in this Section 215.140 or otherwise available under applicable law, shall be cumulative, and the use of one (1) or more remedies by the City shall not bar the use of any other remedy to enforce this Section 215.140.

4. It shall be an affirmative defense to any prosecution under Subsection (B)(1) or (B)(2) that the person in violation is an individual listed under Subsection (C).

E. Mask Or Other Face Covering; Federal/State/County Orders. The provisions of this Section 215.140 shall not apply to the extent such provisions directly conflict with any current or subsequent orders issued by the United States Federal government (or agency thereof), the State of Kansas (or agency thereof), the Governor of the State of Kansas, the Board of County Commissioners for Johnson County, Kansas, the Local Health Officer of Johnson County, Kansas, or other applicable authorities.

F. Mask Or Other Face Covering; Effective Term. The provisions of this Section 215.140 shall be in effect until 11:59 p.m. on February 23, 2022, unless further extended by ordinance of the Governing Body.

G. Mask Or Other Face Covering; Severability. Severability is intended throughout and within the provisions of this Section. If any Subsection, sentence, clause, phrase, or portion of this Section is held to be invalid, illegal, or unconstitutional by any court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Section.