City of Mission Woods, KS Uniform Public Offense Code

[Amended 8-2-2016 by Ord. No. 208]

Article 5 of the Uniform Public Offense Code, edition of 2015, is hereby amended by deleting existing Section 5.6 and by inserting in place thereof the following:

Section 5.6. Purchase or Possession of Cigarettes or Tobacco Products by a Minor.

It shall be unlawful for any person:
(a)	Who is under 21 years of age to purchase or attempt to purchase cigarettes, electronic cigarettes, liquid nicotine or tobacco products; or
(b)	Who is under 18 years of age to possess or attempt to possess cigarettes, electronic cigarettes, liquid nicotine or tobacco products. (K.S.A. 79-3321 through 79-3322, as amended).
(c)	For the purposes of this section, the terms are defined in K.S.A. 79-3301 and amendments thereto, except liquid nicotine, which is the active ingredient of the tobacco plant (nicotine) in liquefied form suitable for the induction of nicotine, whether by nasal spray, ingestion, smoking or other means, into the human body.
Violation of this section shall be an ordinance cigarette or tobacco infraction for which the fine shall be a minimum of $25 and a maximum of $100. In addition, the Judge may require a person charged with violating this section to appear in court and/or may require completion of a tobacco education program.

(b)

Article 5 of the Uniform Public Offense Code, edition of 2015, is hereby amended by deleting existing Section 5.7 and by inserting in place thereof the following:

Section 5.7. Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor.

(a)	It shall be unlawful for any person, directly or indirectly, to:
	(1)	Sell, furnish or distribute cigarettes, electronic cigarettes, liquid nicotine or tobacco products to any person under 21 years of age; or
	(2)	Buy any cigarettes, electronic cigarettes, liquid nicotine or tobacco products for any person under 21 years of age.
(b)	It shall be a defense to a prosecution under this section if:
	(1)	The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;
	(2)	The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, liquid nicotine or tobacco products to the person under 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes, liquid nicotine or tobacco products; and
	(3)	To purchase or receive the cigarettes, electronic cigarettes, liquid nicotine or tobacco products, the person under 21 years of age exhibited to the defendant a driver's license, Kansas non-driver's identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, liquid nicotine or tobacco products.
	(4)	For purposes of this section the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.
(c)	It shall be a defense to a prosecution under this subsection if:
	(1)	The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and
	(2)	The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601, and amendments thereto, that the person was 21 or more years of age.
(d)	For the purposes of this section, the terms are defined in K.S.A. 79-3301 and amendments thereto, except liquid nicotine, which is the active ingredient of the tobacco plant (nicotine) in liquefied form suitable for the induction of nicotine, whether by nasal spray, ingestion, smoking or other means, into the human body.
(e)	As used in this section, "sale" means any transfer of title or possession, or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration. (K.S.A. Supp. 79-3302, 79-3321 through 79-3322). Violation of this section shall constitute a Class B misdemeanor violation punishable by a minimum fine of $200.

(c)

Article 9 of said Uniform Public Offense Code is hereby supplemented by adding the following section:

Section 9.11. Disturbing the Peace.

(a)	It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City.
(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 and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. "Neighboring inhabitants" shall include persons living within or occupying residential districts of single or multifamily dwellings and shall include areas where multiple-unit dwellings and high-density residential districts are located.
(c)	No person shall congregate with other persons because of, participate in, or be in any party or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit or within the vicinity of a residential dwelling unit wherein such party or gathering of people is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this section.
(d)	Prima facie violation. The operation of any tool, equipment, vehicle, electronic device, set, instrument, television, phonograph, machine or other noise or sound producing device, at any time in such a manner as to be plainly audible at any adjacent property line, or for 50 or more feet in the case of a multiple-family dwelling, between the hours of 11:00 p.m. and 7:00 a.m. (except on Sundays, which such latter time shall be 8:00 a.m.), shall be prima facie evidence of a violation of this section.
(e)	Exemptions. Sounds emanating from the following shall be exempt from the provisions of (a) through (d) above:
	(1)	Emergency vehicles;
	(2)	Public safety vehicles;
	(3)	Emergency activities of the fire or police department;
	(4)	Emergency activities of any utility company; and
	(5)	Emergency activities of municipal maintenance vehicles and equipment.
(f)	Statement of Intent. No provision of this section shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this section to protect individuals from unreasonable intrusions caused by excessive, unnecessary, unreasonable or unusually loud noises.
(g)	Disturbing the Peace is a Class C violation.