It shall be unlawful for any person:
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(a)
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Who is under 21 years of age to purchase or attempt to purchase
cigarettes, electronic cigarettes, liquid nicotine or tobacco products;
or
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(b)
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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).
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(c)
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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.
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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.
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(a)
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It shall be unlawful for any person, directly or indirectly,
to:
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(1)
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Sell, furnish or distribute cigarettes, electronic cigarettes,
liquid nicotine or tobacco products to any person under 21 years of
age; or
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(2)
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Buy any cigarettes, electronic cigarettes, liquid nicotine or
tobacco products for any person under 21 years of age.
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(b)
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It shall be a defense to a prosecution under this section if:
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(1)
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The defendant is a licensed retail dealer, or employee thereof,
or a person authorized by law to distribute samples;
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(2)
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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
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(3)
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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.
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(4)
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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.
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(c)
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It shall be a defense to a prosecution under this subsection
if:
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(1)
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The defendant engages in the lawful sale, furnishing or distribution
of cigarettes, electronic cigarettes, or tobacco products by mail;
and
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(2)
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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.
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(d)
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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.
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(e)
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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.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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Exemptions. Sounds emanating from the following shall be exempt
from the provisions of (a) through (d) above:
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(1)
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Emergency vehicles;
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(2)
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Public safety vehicles;
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(3)
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Emergency activities of the fire or police department;
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(4)
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Emergency activities of any utility company; and
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(5)
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Emergency activities of municipal maintenance vehicles and equipment.
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(f)
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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.
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(g)
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Disturbing the Peace is a Class C violation.
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