No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building, public property, or in any place open to the public or exposed to public view. This section shall not apply to urination or defecation utilizing fixtures in any public or private restroom or other facility designed for the sanitary disposal of human waste. Upon conviction of violation of this section, the defendant shall be fined or imprisoned, or both, pursuant to the general penalty provision of the Code of the City of Eudora, Kansas, section 1-111.
(Ord. 967; Code 2016)
Any person, who willfully exposes his or her person or private parts in any public place which is reasonably calculated to be viewed from a public place, be guilty of a misdemeanor.
For the purpose of this section, the phrase “person or private parts” shall include male and female genitalia, buttocks and female breast.
Penalties for violation of this section shall be set forth in section 1-111 of the City Code as amended.
(Ord. 968; Code 2016)
(a) No person in this city shall throw, bat or by other means propel any ball, stone or other hard substance into, on or across any street or alley in any public place or against any building or vehicle, or at or toward any person with the intent to strike, harm, injure, or damage other persons or property.
(b) For the purposes of this section, the act of throwing, batting, or by other means propelling any ball, stone or other hard substance into, on or across any street shall be deemed prima facie evidence of the intent to strike, harm, injure or damage other persons or property.
(1) It shall not be illegal under this section to throw, bat or propel a ball toward any person with intent to strike that person when both the individual throwing, batting or propelling the ball and the person who is the target of the thrown, batted or propelled ball are consensually engaged in a sporting or recreational activity and the risk of being struck by a thrown, batted or propelled ball is an inherent part of that activity.
(2) It shall not be illegal under this section for a person to throw, bat or propel a ball or other hard substance against a building with the intent to strike the building if the person has the permission of the owner of the building to conduct such activity.
(Ord. 969; Code 2016)
(a) It shall be unlawful for an individual to carry concealed on his or her person, or possess with intent to use the same unlawfully against another, a dagger, dirk, blackjack, slingshot, dangerous knife, straight edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous, deadly weapon or instrument.
(1) No part of this section prohibiting the carrying of a concealed weapon shall apply to:
(A) Law enforcement officers, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer.
(B) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority.
(C) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their duties.
(c) Any person convicted of a violation of this section shall be punished by a fine, set by resolution of the governing body from time to time, or a jail term not to exceed 180 days, or both such fine and jail term.
(Ord. 970; Code 2016)
(1) “Alcoholic Liquor” means alcohol, spirits, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(2) “Cereal Malt Beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor that is more than 3.2 percent alcohol by weight.
(3) “Close Proximity” means property any part of which is within 200 feet, except that if any portion of the contiguous area of a park, unimproved lot, parking garage or parking lot is within 200 feet then the entire contiguous area of the parking lot or parking garage is within close proximity.
(4) “Dangerous Knife” means every knife or straight razor except for:
(A) An ordinary folding pocket knife with a blade no longer than 4 inches in length.
(B) Knives provided by the drinking establishment for use by patrons for the purpose of dining.
(C) Knives possessed by the employees and owners of the drinking establishment, or those contracted by such owners or employees to perform work within the drinking establishment, when such knives are used within the drinking establishment as tools for food preparation, maintenance, or some other business purpose.
(D) Knives and straight razors possessed by individuals who may lawfully carry such items concealed on their person pursuant to K.S.A. 21-4201 and amendments thereto.
(5) “Drinking Establishment” means premises where alcoholic liquor is sold by the drink and every premise licensed for that purpose.
(6) “Firearm” means an object having the design or capacity to propel a projectile by force of an explosion, gas, or other combustion.
(7) “Possession” means exercising actual or constructive dominion or control over an object.
(8) “Publically accessible property” means any public or private street, alley, sidewalk, unimproved lot, park, walkway, trail, parking garage, parking lot or other property that is accessible to or actually used by members of the general public.
(9) “Within a drinking establishment” means any area on the premises of a drinking establishment or on a publicly accessible property in close proximity to the premises of any drinking establishment.
(b) It shall be unlawful for any person to possess a firearm within a drinking establishment or on publicly accessible property in close proximity to the premises of any drinking establishment.
(c) It shall be unlawful for any person to possess a dangerous knife within a drinking establishment.
(d) The provisions of this section concerning the possession of firearms shall not apply to:
(1) Business owners and their employees while they are on the premises of their fixed place of business.
(2) Law enforcement officers or other entitled to carry concealed firearms in the locations that they are lawfully authorized to carry such firearms.
(3) Members of the United States Armed Forces or Kansas National Guard during or in conjunction with the actual performance of their official duties.
(4) An unloaded firearm within a vehicle so long as the firearm is within a container that completely encloses the firearm.
(5) An unloaded firearm possessed by an individual who does not contemporaneously possess any ammunition for the firearm contained in any ammunition clip, magazine, speed loader, drum or other device that allows for the rapid loading of the firearm provided that such firearm is not possessed within a drinking establishment.
(6) Individuals whose residence is within close proximity to the area where the firearm is possessed if such firearm is not possessed within a drinking establishment.
(7) Firearms that may not be lawfully possessed. The possession of such firearms may be prosecuted under the specific laws rendering their possession illegal.
(8) Firearms that only incidentally pass through an area regulated by this section. A firearm incidentally passes through a regulated area if the possessor does not voluntarily interrupt his or her continuous travel through the regulated area. Pausing on the roadway due to traffic control devices or traffic conditions shall not be considered voluntary interruption of travel.
(9) Firearms possessed while on the premises of a lawfully operating firing range or target range with a fixed place of business.
(d) This section shall be construed to limit the right to possess weapons in the areas regulated and nothing in the section shall be interpreted to grant an individual the right to possess a weapon in an area or manner that would be unlawful under any other applicable law.
(f) Any person who is convicted of a violation of this section shall be punished as follows:
(1) On a first offense the person shall be fined in an amount, set by resolution of the governing body from time to time, and shall be sentenced to a jail term or at least 15 days but not more than thirty days.
(2) On a second offense the person shall be fined in an amount, set by resolution of the governing body from time to time, and shall be sentenced to a jail term of at least 30 days but no more than 90 days.
(3) On a third or subsequent offense the person shall be fined in an amount, set by resolution of the governing body from time to time, and shall be sentenced to a jail term of 180 days.
(Ord. 971; Code 2016)