No person shall willfully break, destroy, daub with chalk, charcoal,
paint or any other substance defacing or injuring any house, building,
structure or appurtenance thereto, or sever therefrom, or from any
gate, fence, or enclosure, or any part thereof, any material of which
it is formed, or sever from the freehold any produce thereof, or anything
attached thereto, or shall pull down, injure or destroy any gate,
post, railing, fence or landscaping, or in any manner injure any goods,
wares, merchandise, automobiles, art objects, or other personal property
of another, or shall willfully break, injure, deface or destroy any
sign, tree, box, notice, hydrant, fireplug, curb, or other property
belonging to any person by cutting, breaking, defacing or daubing
with paint or other substance.
No person shall willfully, negligently, or carelessly alter,
break, injure, deface, damage, carry away or destroy in any manner
any property of the City. Ref. K.S.A. 21-3720.
No person shall willfully, negligently, or carelessly alter,
break, injure, deface, damage, carry away or destroy in any manner
any property of another. Ref. K.S.A. 21-3720.
No person shall deposit, throw or cause to be deposited or thrown
into any drainage way, storm or sanitary sewer, sewer inlet, manhole,
any animal or vegetable substance, or any hay, straw, ashes, cinders,
sticks, shavings, trash, cans, rubbish, rags, pieces of iron, or other
material or any other article or anything whatever that is liable
to cause the sewer to choke up or otherwise obstruct the free flow
of water therein.
No person shall dump or deposit or cause to be dumped or deposited
on any property dedicated to public use or upon the property of any
person nor to allow to fall or wash upon any street or upon any property
of any other person any dirt, earth, building material, cans, garbage,
grass clippings, debris, rubbish or any other material.
Each and every owner, tenant, housekeeper, or other person occupying
any dwelling, house, or other building, in the City of Mission Woods,
and producing trash, shall provide and renew when necessary, a sufficient
number of trash cans to hold the trash accumulated thereat. All such
trash cans shall be of rigid construction with tight-fitting covers
and shall be watertight. Such trash cans shall be placed outside the
confines of the building in which the trash is produced no earlier
than the morning of the day upon which the trash is anticipated to
be collected by the regular trash collection service subscribed to
by the occupant or provided by the City.
Each and every owner, tenant, housekeeper or other person occupying
any dwelling, or other building in the City shall place lawn trimmings,
tree and bush trimmings, and any other yard debris in suitable containers
or tied in bundles. Such containers and bundles shall not be placed
at or within 30 feet of the street curb for more than 24 hours prior
to the anticipated time of collection.
No person shall park, place or cause to be placed, other than
in an enclosed garage, any vehicle not in operating condition, upon
any lot, plot or tract within the City of Mission Woods for a period
of more than one week.
Any person violating any of the provisions of Article 2 shall,
upon conviction, be punished by (1) a fine of not less than $1 nor
more than $500, or (2) confinement in the county jail for a period
not to exceed 90 days or (3) both such fine and confinement.
[Added 3-6-2018 by Ord. No. 223]
(a) Statement of Purpose. The City Council finds that the prevalence
and unregulated use of unmanned aerial vehicles (UAVs) throughout
the City poses a threat to the public health, safety and welfare and
has created public health, safety and welfare concerns, including,
but not limited to, privacy, nuisance and trespass concerns. Accordingly,
the City Council has determined that the use of UAVs in the City should
be restricted to bona fide business purposes and that use of UAVs
for hobby or recreational purposes should be prohibited.
(b) Definitions. For purposes of this section, the following terms and
phrases shall have the meanings set forth below:
AIRCRAFT
Any contrivance invented, used or designed to navigate or
fly in the air.
CITY AIRSPACE
The airspace above the land, water and waterways within the
jurisdiction of the City.
OPERATE
To pilot, steer, direct, fly or manage a UAV through the
air, whether from within the UAV or remotely. The term "operate" includes
managing or initiating a computer system that steers, directs, pilots,
flies or manages a UAV.
PUBLIC AIRCRAFT
Has the meaning ascribed to the term in Section 40102, Title
49, of the United States Code.
SURVEILLANCE
The gathering, without permission and in a manner that is
offensive to a reasonable person, of visual images, physical impressions,
sound recordings, data or other information involving the private,
personal, business, or familial activities of another person, business
or entity, or that otherwise intrudes upon the privacy, solitude or
seclusion of another person, business or entity, regardless of whether
a physical trespass onto real property owned, leased or otherwise
lawfully occupied by such other person, business or other entity,
or into airspace above real property owned, leased or otherwise lawfully
occupied by such other person, business or other entity, occurs in
connection with such surveillance.
TOY AIRCRAFT
(1)
A glider or hand-tossed small unmanned aircraft that is not
designed for and is incapable of sustained flight; or
(2)
A small unmanned aircraft that is capable of sustained flight
and is controlled by means of a physical attachment, such as a string
or wire.
UNMANNED AERIAL VEHICLE or UAV
An aircraft that (1) is operated without the possibility
of direct human intervention from within or on the aircraft, and (2)
weighs less than 55 pounds at the time of operation, including the
weight of any payload or fuel, but does not include "public aircraft"
or "toy aircraft" as defined herein.
WEAPON
Any instrument, article or substance that, under the circumstances
in which it is used, attempted to be used or threatened to be used,
is readily capable of causing death or serious physical injury.
(c) Operating Regulations. Except as otherwise provided in the Code of
Ordinances of Mission Woods, no person shall operate any UAV in City
airspace:
(1)
For hobby or recreational purposes, except on the operator's
own property or other property with the consent of the property owner;
(2)
Directly over any person who is not involved in the operation
of the UAV, without such person's consent;
(3)
Over property that the operator does not own, without the consent
of the property owner or such other person lawfully occupying the
property, and subject to any restrictions that may be placed on the
operation by the property owner or such other person lawfully occupying
the property;
(4)
At an altitude higher than 400 feet above ground level;
(5)
Outside the visual line of sight of the operator; the operator
shall use his or her own natural vision (which includes vision corrected
by standard eyeglasses or contact lenses) to maintain at all times
an unobstructed view of the UAV, without the use of vision-enhancing
devices, such as binoculars, night vision goggles, powered vision
magnifying devices, goggles designed to provide a "first person view"
from the model or similar devices;
(6)
In a manner that interferes with, or fails to give way to, any
manned aircraft;
(8)
Whenever weather conditions impair the operator's ability
to operate the UAV safely;
(9)
For the purpose of conducting surveillance, unless expressly
permitted by law;
(10)
While under the influence of alcohol, or other drug or drugs,
that renders the operator incapable of operating the UAV;
(11)
That is equipped with a firearm or other weapon;
(12)
With intent to use such UAV or anything attached to it to cause
harm to persons or property;
(13)
In a reckless or careless manner; or
(14)
In violation of any federal or state law.
(d) Limitations on Operating Regulations.
(1)
Operating Authorized by the FAA. Nothing in this section shall
be construed to prohibit, limit or otherwise restrict any person who
is authorized by the Federal Aviation Administration to operate a
UAV in City airspace, pursuant to Section 333 of the FAA Modernization
and Reform Act of 2012 or a certificate of waiver, certificate of
authorization or airworthiness certificate under Section 44704 of
Title 49 of the United States Code or other Federal Aviation Administration
grant of authority for a specific flight operation(s), from conducting
such operation(s) in accordance with authority granted by the Federal
Aviation Administration.
(2)
Operations Prohibited by the FAA — Clarification. Nothing
in this section shall be construed to authorize the operation of UAVs
in City airspace in violation of any federal statute or rules promulgated
thereunder, including, but not limited to, any temporary flight restrictions
or notices to airmen issued by the Federal Aviation Administration.
(3)
Operations Authorized by the State of Kansas — Exception.
Nothing in this section shall be construed to prohibit the use of
a UAV by a law enforcement agency in accordance with Kansas statutes.
(e) Severability. Severability is intended throughout and within the
provisions of this section. If any subsection, clause, phrase or portion
of this section is held to be invalid or unconstitutional by any court
of competent jurisdiction, then that decision shall not affect the
validity of the remaining portions of this section.