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

It is unlawful for any person to trespass upon the property owned or occupied by another for the purpose of looking into or peeping into any window, door, skylight or other opening in any house or building.

(Code 1977, 9.18.010)

(a)   Except as authorized by the Uniform Controlled Substances Act, it is unlawful for any person to possess or have under such person’s control any marihuana, as defined in K.S.A. 65-4101(o), as amended.

(b)   Any person who violates this section shall be guilty of a Class A violation, as defined in the Uniform Public Offense Code, for a first offense. (K.S.A. 4161(a)(3))

(Code 1977, 9.20.050)

(a)   No person shall use or possess with intent to use:

(1)   Any simulated controlled substances. Simulated control substances shall include, but not be limited to those items as set forth at K.S.A. 65-4150(a).

(2)   Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance, in violation of the Uniform Controlled Substances Act. Drug paraphernalia shall include, but not be limited to those items set forth at K.S.A. 65-4150(b).

(b)   Any person who violates this section shall be guilty of a Class A violation, as defined in the Uniform Public Offense Code, for a first offense.

(K.S.A. 65-4152; Code 1977, 9.20.060)

(a)   It is unlawful for any person to stock, place, or set, one or more fish in the Hiawatha City Lake without the express authorization of the city administrator of the city.

(b)   Any person who violates this section shall be guilty of a Class C violation, as defined in the Uniform Public Offense Code.

(Code 1977, 9.20.080)

(a)   Definitions. The following words and phrases, when used in this section, shall have the meaning respectively ascribed to them:

Announced religious event means a religious event regarding which the public has been provided notice of the beginning and of the duration or ending time such event by the conspicuous posting of a sign on the property where the event is to be held or by announcement in a newspaper regularly printed on at least a weekly basis within the city.

Focused picketing means standing or sitting or walking in a repeated manner past or around a house of worship, by one or more persons while carrying a banner, placard, or sign.

House of worship means any church, synagogue, mosque, or other structure that is regularly used for the exercise of religious beliefs.

Religious event means any scheduled worship service, wedding, funeral rite, memorial service for the dead, or other observance of a religious sacrament, ritual, ceremony or celebration that takes place at a house of worship or on the property where a house of worship is situated.

(b)   Unlawful Acts. It is unlawful for any person to engage in focused picketing, during the time period from one-half hour prior to the beginning time of an announced religious event until one-half hour after the ending time of the vent, on public property at any of the following locations:

(1)   On the sidewalk adjoining the property on which a house of worship is situated; or

(2)   In the street or roadway adjoining adjacent to the property on which a house of worship is situated; or

(3)   On the public area between the house of worship and an adjoining or adjacent street or roadway, including but not limited to the curb, drainage, or area between the street and sidewalk (if sidewalk exists) commonly referred to as the “parking” or “easement”; or

(4)   On any public property within 50 feet of the property line on which a house of worship is situated, if any entrance to the house of worship is located on that side of the property.

(Ord. 1077; Code 2022)

(a)   It shall be unlawful for any person to engage in picketing which is directed, focused or targeted at a residence and which takes place before or about that residence.

(b)   A person is engaged in residential picketing if the person, with or without a sign, is posted at, before or about a particular residence.

(c)   Nothing in this section shall prohibit the picketing of a residence which is used as a place of business or place of public assembly.

(Ord. 1078; Code 2022)

(a)   Skateboard means a single platform mounted on wheels, which is propelled solely by human power and which has no mechanism or other device with which to steer or to control the movement of direction of the platform.

(b)   Prohibited areas.

(1)   Except as otherwise provided herein, no person shall use, operate or ride any skateboard upon the streets and alleys, or public parking lots, on the sidewalks and within the city in the following certain areas: on the sidewalks, on both sides of Oregon Street from Morrill Avenue to Twelfth Street; on sidewalks, on both side of First Street from Cheyenne Street to Kickapoo Street; on Fifth Street, on sidewalks on each side of Fifth Street from Delaware to Utah; on each side of Sixth Street, from Delaware to Kickapoo; on each side of Seventh Street, from Delaware to Kickapoo; on each side of Eighth Street, from Delaware to Utah; on each side of Ninth Street, from Delaware to Utah; on each side of Tenth Street from Delaware to Utah; on each side of Eleventh Street from Delaware to Utah; and on each side of Twelfth Street from Delaware to Utah; and all sidewalks located in the Brown County Courthouse yard and square; sidewalk on the south side of Delaware Street from Fifth Street to Ninth Street; and the sidewalk on the south side of Utah Street from Fifth Street to Ninth Street.

(2)   Skateboarding shall be permitted on any other sidewalks within the city.

(c)   Rules of the road.

(1)   Notwithstanding their status as pedestrians, skateboard operators on sidewalks shall yield the right-of-way to all vehicular and to all other pedestrian (non-skateboard) traffic upon the sidewalk.

(2)   No more than one person shall operate or ride on a skateboard at one time.

(d)   Violation; impoundment; impoundment fee; fine.

A law enforcement officer detaining a person for violating this chapter, may impound the skateboard. In the case of the violation of this article by a person who is 18 years 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 skateboard to persons under the age of 18, they must appear at the city police department with a parent or guardian; however, if no such parent or guardian resides in the city, the skateboard can be released if its owner provides a letter from a parent or guardian requesting that it be released. An impoundment fee of $20.00 shall be collected by the police department before the skateboard will be released. Violation of this article is a municipal offense punishable by a fine of up to $50.00.

(Code 1977, 12.48.010; Code 2007)

11-208.      Tobacco-free areas.

All municipal owned parks and playgrounds in the City of Hiawatha are designated tobacco-free and the use of any tobacco product or electronic cigarette, in any form, is prohibited. Appropriate signage will be posted delineating the tobacco-free areas.

(Ord. 2048; Code 2022)