For the purpose of this article, the following words and phrases shall mean, except where the context clearly indicates a different meaning:

(a)   Controlled Substance means any drug, substance, or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111, and 65-4113, and amendments thereto.

(b)   Deliver or Delivery means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

(c)   Drug Paraphernalia means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the uniform controlled substances act.  Drug paraphernalia shall include, but is not limited to:

(1)   Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)   Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3)   Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

(4)   Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(5)   Scales and balances used or intended for use in weighing to measuring controlled substances.

(6)   Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.

(7)   Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.

(8)   Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

(9)   Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

(10) Containers and other objects used or intended for use in storing concealing controlled substances.

(11) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.

(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(A)  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B)  Water pipes;

(C)  Carburetion tubes and devices;

(D)  Smoking and carburetion masks;

(E)   Roach clips (objects used to hold burning material, such as marijuana cigarette, that has become too small or too short to be held in the hand);

(F)   Miniature cocaine spoons and cocaine vials;

(G)  Chamber pipes;

(H)  Carburetor pipes;

(I)    Electric pipes;

(J)   Air-driven pipes;

(K)  Chillums;

(L)   Bongs; and

(M)  Ice pipes or chillers.

(d)   Marijuana: All parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.  It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

(e)   Person means any individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.

(f)   Simulated Controlled Substance means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.

(Code 2003)

In determining whether an object is drug paraphernalia, the municipal court shall consider, in addition to all other logically relevant factors, the following:

(a)   Statements by an owner or person in control of the object concerning its use.

(b)   Prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance.

(c)   The proximity of the object, in time and space, to a direct violation of the uniform controlled substances act.

(d)   The proximity of the object to controlled substances.

(e)   The existence of any residue of controlled substances on the object.

(f)   Direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the uniform controlled substances act.  The innocence of an owner or person in control of the object as to a direct violation of the uniform controlled substances act shall not prevent a finding that the object is intended for use as drug paraphernalia.

(g)   Oral or written instructions provided with the object concerning its use.

(h)   Descriptive materials accompanying the object which explain or depict its use.

(i)    National and local advertising concerning the object’s use.

(j)    The manner in which the object is displayed for sale.

(k)   Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.

(l)    Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(m)  The existence and scope of legitimate uses for the object in the community.

(n)   Expert testimony concerning the object’s use.

(Code 2003)

(a)   Except as otherwise authorized by law, it shall be unlawful for any person to possess or have under such person’s control any marijuana.

(b)   It shall not be a defense to charges arising under this article that the defendant was acting in an agency relationship on behalf of any other party in a transaction or in the possession or control of marijuana.

(c)   Any person who violates this article shall be guilty of a Class A violation and shall upon conviction be punished by a fine of not to exceed $2,500 or by confinement in a jail for a definite term not exceeding one year, or by both such fine and confinement.

(Code 2003)

No person shall use or possess with intent to use:

(a)   Any simulated controlled substance;

(b)   Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act;

(c)   Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell, or distribute a controlled substance in violation of the uniform controlled substances act; or

(d)   Anhydrous ammonia for the illegal production of a controlled substance in a container not approved for that chemical by the Kansas Department of Agriculture.

(e)   Any person who violates this article shall be guilty of a Class A violation and shall upon conviction be punished by a fine of not to exceed $2,500 or by confinement in a jail for a definite term not exceeding one year, or by both such fine and confinement.

(Code 2003)

It shall be unlawful for any minor under the age of 16 years to loiter, or be upon the streets or other public places in the city between the hours of 10:30 p.m. and 5:30 a.m. unless such minor is accompanied by a parent, guardian or other person having legal custody of such minor or is in the performance of an errand for such parent, guardian or legal custodian or whose employment makes it necessary to be upon the streets or other public places, or whose employment makes it necessary to be upon the streets or other public places during the above specified hours.  Violation of this section is an unclassified misdemeanor punishable by a fine of not to exceed $100.

(Code 2003)

Window peeping is:

(a)   Entering upon the property owned or occupied by another without permission for the purpose of the following acts; looking or peeping into any window, door, sky-light, or other opening in a house, room or building; or

(b)   Loitering in a public street, alley, or public place for the purpose of wrongfully observing the action of the occupants of an adjoining house, room or building.

Violation of this section shall be listed as a Class B violation.

(Code 2003)

(a)   No person shall use, operate or ride any bicycle, skateboard, scooter, roller skates or roller blades upon the sidewalks or other public areas of the city along Commercial Street from Sixth to Third Streets and Fourth and Fifth Streets from Illinois to Merchant between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.

(b)   No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets.

(c)   No person shall use, operate or ride any skateboards, scooters, roller skates or roller blades on an highway passing through the city at any time.

(d)   No person shall use, operate or ride any skateboard, roller blades, roller skates or bicycle or any like or similar device on the tennis courts owned by the City of Oswego, Kansas, at any time. No dogs shall be allowed on to said tennis courts.

(e)   No person shall use, operate or ride any bicycles, skateboards, scooters, roller skates or roller blades in a manner that impedes traffic.

(f)   A law enforcement officer detaining a person for violating this article may impound the bicycle, skateboard, scooter, roller skates or roller blades.  In the case of the violation of this article by a person who is 18 years of age or older, the skateboard shall be released by the city police department if the violator appears at the city police department and provides self-identification.  To obtain release of the device, persons under the age of 18 years must appear at the city police department with a parent or guardian; however, if no such parent or guardian resides in the city, the device can be released if its owner provides a letter from a parent or guardian requesting that it be released.  Violation of this section is an unclassified misdemeanor punishable by a fine of not to exceed $100.

(Code 2003; Ord. 1244; Code 2013)

The following will apply toward Air Gun, Air Rifle, Bow and Arrow or BB Gun:

All weapons must be used in a safe manner. Persons under eighteen years shall not shoot any type of weapon except under the direct supervision of a responsible adult.

(a)   Shooters must use a proper backstop, large and strong enough to stop any type of projectile used.

(b)   Shooters must not shoot in the direction of other property owners unless a proper backstop is in place.

(c)   Shooters may not shoot across alley or roadways.

(d)   Shooters shall not shoot while on another person’s property.

The following will apply toward Paintball Guns: Paintball guns shall not be used except within the confines of a building or other structure from which the projectiles cannot escape.

(Code 2003; Ord. 1058; Ord. 1276; Ord. 1332)

(a)   The possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment shall not be allowed in the following buildings owned by the city, or the city staff vehicle.

Oswego Police Department

Oswego Public Library

Oswego City Offices and Community Building

Oswego Senior Citizen Center

Oswego Visitor Information Center

(b)   Any person or person violating this article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.

(Ord. 995, Secs. 3:4)

(a)   Indecent exposure is publicly exposing the buttocks or female breast or exposing the same from a place which may be reviewed from a public place;

(b)   Publicly exposing the genitalia shall be a violation of Section 4.1 of the Uniform Public Offense Code;

(c)   Any person convicted of indecent exposure shall be guilty of an unclassified misdemeanor and punishable by a fine of not to exceed $100.

(Code 2003)

(a)   It is hereby declared to be unlawful for any person to swim or dive within 100 yards above or below the Oswego City Dam on the Neosho River.

(b)   Unlawful to trespass on retaining wall. It is hereby declared to be unlawful for any person to climb, walk, sit or trespass upon the retaining wall along the South riverbank near the Oswego City Dam on the Neosho River.

(c)   Penalty. Any violation of this section shall be a Class C Misdemeanor and shall be punishable by a fine of not to exceed $500.00 or a term of confinement in jail of not to exceed thirty (30) days, or both.

(Ord. 1099; Ord. 1318)

(a)   Findings. It is hereby found:

(1)   The making and creation of excessive, unnecessary or unusually loud noises within the limits of the City is a condition which has existed for some time in certain areas of the City;

(2)   The making, creation or maintenance of such excessive, unnecessary, or unusually loud noises which are prolonged and unusual in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City; and

(3)   It is necessary and in the public interest for the provisions and prohibitions contained in this division to be enacted, and it is further declared that the provisions and prohibitions contained in this division and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City and its inhabitants.

(b)   Unlawful noise generally.

       It shall be unlawful for any person to be in charge of any premises, or to participate in or be in any party or gathering of people from which any unusually loud, excessive or unnecessary noise emanates so as to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others inside the limits of the City. A police officer may order all present at such a party or gathering to immediately disperse from the vicinity of the party or gathering in lieu of being charged under this section. However, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in a dwelling unit from which such noise emanates or where the party or gathering occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this section.

(c)   Specific noises-prohibited; standards.

The following acts, among others, are declared to be loud, excessive and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:

(1)   The playing, using, operating, or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, tape player, television, VCR, compact disc player, loudspeaker, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, repose, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing for the persons who are in the hotel, motel, residence, office, or upon the premises, in which such machine or device is operated. The operation of any such set, instrument, phonograph, tape player, television, VCR, compact disc player, loudspeaker, machine or device between the hours of 10:00 p.m. and 7:00 a.m. In such a manner as to be plainly audible at a distance of 50 feet from the hotel, motel, residence, office, or premises in or on which it is emanates shall be prima facie evidence of a violation of this section. Measurement standards for plainly audible at a distance of 50 feet shall be by the auditory senses, based upon direct line of sight. Words and phrases need not be discernible and bass reverberations are included.

(2)   Yelling, shouting, whistling or singing on the public street, highways, alleys or sidewalks, or while on a private or public parking area or parking lot, or while in or upon a private residence, lot or driveway, so as to annoy or disturb the peace, quiet, comfort or repose of the persons in any residence, premises, office, hotel or motel. Such yelling, shouting, hooting, whistling or singing between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the boundary of such street, highway, alley, sidewalk, parking area or parking lot shall be prima facie evidence of a violation of this section.

(d)   Loud sound amplification systems.

(1)   It shall be unlawful for any person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway to operate or permit the operation of any sound amplification system from within the vehicle so that the sound in plainly audible at a distance of 100 or more feet from the vehicle.

(2)   The term “sound amplification system” means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sound.

(3)   The term “plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 100 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

(4)   It is an affirmative defense to a charge under this subsection that the operator or occupier was not otherwise prohibited by law from operating the sound amplification systems, and that any of the following apply:

(A)  The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(B)  The vehicle was an emergency or public safety vehicle;

(C)  The vehicle was owned and operated by the City or a gas, electric, communication or refuse company;

(D)  The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City; or

(E)   The vehicle was used in authorized public activities, such as parades, fireworks, sport events, musical production and other activities which have the approval of the department of the City authorized to grant such approval.

(e)   Loudspeakers; amplifiers; permit.

It shall be unlawful for any person, either as principal, agent or employee, to play, use or operate for personal enjoyment, for purpose of attracting attention, or for advertising purposes on the streets or alleys of the City, or upon any private property any device known as a loudspeaker, or sound amplifier, or an instrument known as a calliope, or any other musical instrument of similar character, without first procuring permission therefore from the City Council. The permission shall be granted at the discretion of the City Council.

(d)   A violation of this section shall be a Class C Misdemeanor and shall be punished by a term of confinement in the City or County jail which shall be fixed by the court and shall not exceed one (1) month, and by a fine of a sum of not exceeding $500.00, or both, as provided by Section 12.1 of the Uniform Public Offense Code currently adopted by City Ordinance and enforced within the City of Oswego, Kansas.

(Ord. 1258; Code 2013)

(a)   It shall be unlawful for any person to throw, cause, rake, place or cause to be deposited, any trees, branches, leaves, grass clippings, dirt, or waste into the street, gutter or curb of any public street. No person shall permit grass clippings from mower swaths to remain upon city streets, gutters or curbs of any public roadways, or on abutting property, not owned or occupied by said person.

(b)   A first offense shall be a warning from the Police Department. Second and subsequent violations of this code shall be subject to punishment by a fine of not less than $10.00 nor more than $50.00. Court costs are waived for all violations.

(Ord. 1428)