CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Provisions

(a)   Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4107 and amendments thereto, as defined in the Uniform Controlled Substances Act.  Such drugs include, but or not limited to cannabis sativa L., otherwise known as marihuana, or any derivative thereto, lysergic acid diethylamide, otherwise known as LSD and psi locybin.

(b)   Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control:

(1)   Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111m and amendments thereto;

(2)   Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(3)   Any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto or

(4)   Any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109 and amendments thereto

(c)   It is unlawful for any person to use or possess with intent to use any drug paraphernalia. For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kinds 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 introduction into the human body a controlled substance in violation of subsection (a) herein, or the Uniform Controlled Substances Act, K.S.A. 65-4101 et. Seq., and amendments thereto. “Drug paraphernalia” shall include, but is not limited to, those items set forth in subsection (c) of K.S.A. 65-4150 and amendments thereto. In determining whether an object is drug paraphernalia, in addition to all other logically relevant factors, the court shall consider the factors set forth in K.S.A. 65-4151 and amendments thereto.

(d)   Any person who violates any of the provisions of this section within the corporate limits of the City shall be guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand five hundred dollars, or by one year’s imprisonment, or by both such fine and imprisonment.

(Ord. 572; Code 1990; Ord. 676; Code 2022)

(a)   It shall be unlawful for any person or persons to place, throw, rake, deposit, dump, drop or spill any dirt, filth, excrement, waste material, compost, papers, boxes, ashes, lumber, coal, wood, kindling, grass, weeds, leaves, slops, foreign matter or litter of any kind in or on streets, sidewalks, alleys, parks or other public right of ways of the city.

(b)   Any person violating any provision of this section shall, upon conviction thereof, be fined in a sum not to exceed One Hundred Dollars ($100.00), or be imprisoned for a period not to exceed thirty (30) days, or by both such fine and imprisonment.

(Ord. 676; Code 2022)

(a)   It shall be unlawful for any child under the age of eighteen (18) years to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or by any other means, after the hour of ten thirty (10:30) o’clock P.M. and before the hour of six (6:00) o’clock A.M. on Sunday through Thursday and after the hour of eleven-thirty (11:30) o’clock P.M. and before the hour of six (6:00) o’clock A.M. on Friday and Saturday, unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child; provided, however, that such prohibition shall not apply to those children under the age of eighteen (18) years who are en route by the most direct and accessible route between their homes and authorized places of employment, nor to those who are en route by the most direct and accessible route from a place of employment, authorized entertainment, or authorized place of attendance to their residences; provided, further, that the term “authorized” as used in this section shall denote prior authorization by a parent, legal guardian, other person exercising legal custody.

(b)   It shall be unlawful for any parent, legal guardian, or other person lawfully entitled to the care, custody and control of any child under the age of eighteen (18) years to suffer, permit, or allow any such child to wander, lounge, loaf, loiter, or play in, about upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public for public use, after the hour of ten-thirty (10:30) o’clock P.M. and before the hour of six (6:00) A.M. Sunday through Thursday and after the hour of eleven-thirty (11:30) P.M. and before the hour of six (6:00) o’clock A.M. Friday and Saturday, unless accompanied by a person lawfully entitled to the care, custody and control of such child.

(c)   The Governing Body of the City of Potwin, Kansas, on specific occasions and in response to written requests submitted to the Governing Body, shall have the authority to suspend by official proclamation as posted, the hour of curfew as stated.

(d)   Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than Fifteen Dollars ($15.00) nor more than One Hundred Fifty Dollars ($150.00), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment.

(Ord. 612; Ord. 631; Code 2022)