Article 2. Local Provisions

11-201. Curfew for minors.

(a) It shall be unlawful for any person under the age of 18 years (juvenile) to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1) For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2) For juveniles from the age of 16 and under the age of 18, between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(b) The provisions of subsection (a) of this section shall not apply in the following instances:

(1) When a juvenile is accompanied by his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile;

(2) When a juvenile is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of a juvenile;

(3) When a juvenile is returning directly home by the most direct and efficient route, from a school activity, entertainment, recreational activity or dance;

(4) When a juvenile is returning directly home, by the most direct and efficient route, from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(5) When a juvenile is on the sidewalk abutting a juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about a juvenile’s presence;

(6) When a juvenile is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(7) When a juvenile is in interstate travel through the city.

(c) Except in circumstances set out in subsection (b) of this section, it shall be unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of 18 years to permit the juvenile, whether knowingly or through ineffective control or supervision, to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1) For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2) For juveniles from the age of 16 and under the age of 18, between the hours of twelve 12:00 midnight on any day and 6:00 a.m. of the following day.

(d) The governing body of the city, on specific occasions and in response to written request submitted not less than seven days by the calendar prior to the occasion, shall have the authority to suspend by official city proclamation published in the official city newspaper, the hour of curfew as stated herein; provided, however, that no such suspension of curfew shall extend past the hour of 12 midnight.

(e) Any person violating any of the provisions set out above in this section, upon conviction thereof, may be punished by a fine of not less than $25 nor more than $500. Further, any person violating any of the provisions set out in this section, in addition to any fines imposed, may be required to perform up to 20 hours of community service, as directed by the municipal court judge, for each and every violation. Any police officer finding a juvenile violating the provisions of this section shall cause a written notice to be served upon the parent, guardian, or person in charge of a juvenile, setting forth the manner in which the provisions of this section have been violated. For the purposes of this section, notice shall be deemed properly served upon the parent, guardian or person in charge of a juvenile if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address.

(f) Any parent, guardian, or person having the care and custody of a juvenile who shall permit the juvenile, whether knowingly or through ineffective control or supervision, to violate the provisions of this section after receiving written notice that such juvenile has previously violated this section, may be punished by a fine of not less than $25 nor more than $500.

(Code 2008)

11-202. Noise.

(a) It shall be unlawful for any person to play, use, operate or permit to be played, used, or operated any radio receiving set, musical instrument, or any machine, equipment, or device used for the production, reproduction or creation of sound at a louder volume than is necessary for the reasonable hearing of the person so playing, using or operating such instrument, equipment, machine, or device, and the reasonable hearing of other persons who are voluntary listeners thereto, or in such a manner so to disturb the peace, quiet, and comfort of neighboring inhabitants or other residents of the city.

(b) This prohibition shall include sound, music, or noise created by automobile radios, musical bands, groups or orchestras in public or private buildings. It shall be prima facie evidence of a violation of this section if the sound, music, or noise is plainly audible at the real property line on the real property from which the sound, music, or noise is emanating; provided, however, that nothing in this section shall be construed to prohibit the playing of church chimes or the ringing of church bells, the testing or use of the civil defense warning system, the authorized use of public safety vehicle sirens, or the use of lawn and garden equipment, chain saws and tree trimming equipment, construction and demolition equipment, or any other equipment that is being used to perform lawful and necessary work during reasonable daylight hours.

(c) It shall be unlawful for any person to sound any horn, bell or other warning device on any automobile or other vehicle, except when required by law or when necessary to give warning.

(Code 2008)

11-203. Failure to appear.

(a) Any person who has been properly served with a summons into the municipal court of the city to answer a complaint filed therein, and the person neglects, fails or refuses to appear as ordered, may be arrested and detained by an officer of the court if such arrest or order of detention is commanded by the municipal judge of the municipal court of the city.

(b) Any person arrested or detained hereunder shall be brought without delay before the municipal judge on or before the next regular business day of the court.

(c) The municipal judge may set and/or require the posting of a cash bond by any person arrested or detained hereunder, and, upon the posting of the cash bond, the person shall be released from custody upon his or her written promise to appear at a date and time certain before the municipal judge of the municipal court.

(d) Any person who has been properly served with a summons into the municipal court of the city to answer a complaint filed therein, and the person neglects, fails or refuses to appear as ordered shall be found to be guilty of the offense of failure to appear.

(e) Any person who is found to be guilty of the offense of failure to appear shall be assessed a fine by the municipal court of the city in an amount not less than $100 and not more than $500.

(f) A copy of Ordinance No. 96-50 shall be provided, following its adoption and publication, to the municipal judge; chief of police; city attorney and city clerk, all duly constituted officers of the city. The city clerk shall keep a copy of Ordinance No. 96-50 on file and open to inspection and review by the public during all regular business hours of the city hall.

(Ord. 96-50, Sec. 2; Code 2008)

11-203. Nuisance deposits.

It shall be unlawful for any person to throw, deposit, discharge, excrete, or leave human or animal waste on any public or private property, unless the disposal of the waste is done in a restroom facility recognized as a sanitary means of disposing of human or animal waste. The prohibition in this section includes public urination or defecation by a person.

(Code 2008)

11-204. Vehicle nuisances.

It shall be unlawful to park on the streets or alleys of the city, any vehicle, trailer, or other container transporting, carrying, or hauling any livestock or any other vehicle, trailer, or container having been used for such purpose, if the vehicle, trailer, or container contains any animal filth or waste, manure, or decaying animal or vegetable matter offensive to another individual so as to be a public nuisance. It shall further be unlawful to park or leave standing any such vehicle, trailer, or container on any private premises.

(Code 2008)

11-205. Littering.

Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon, or about:

(a) Any public street, highway, alley, road, right-of-way, park, or other public place, or any lake, stream, water course, or other body of water except by direction of some public officer or employee authorized by law to direct or permits such acts; or

(b) Any private property without the consent of the owner or occupant of such property.

Littering is a class C violation.

(Code 2008)

11-206. Unauthorized structures.

(a) Public parks.

(1) Violation – overnight structures. No person shall, at any time and for any duration from sunset to sunrise, erect any Tent or Other Temporary Outdoor Shelter in any area of any Park, except as provided for in subsection (a)(3), Exceptions.

(2) Violation – daytime structures. No person shall, at any time and for any duration from sunrise to sunset, erect any Tent or Other Temporary Structure in any area of any Park for more than one (1) day within any thirty (30) day period, except as provided for in subsection (a)(3), Exceptions.

(3) Exceptions.

(A) Authorized by governing body. The violations set forth in subsections (a)(1) and (2), Violation – Overnight Structures and Violation – Daytime Structures, respectively, shall not apply to any person who is authorized by the Governing Body of the City to erect a Tent or Other Temporary Outdoor Shelter within a Park.

(B) Approved multi-day events. Notwithstanding the exception set forth in subsection (a)(3)(A), Authorized by Governing Body, the violation set forth in subsection (a)(2), Violation – Daytime Structures, shall not apply to any person who is attending or participating in a multi-day sporting event or other event that is approved by the City, regardless of whether such person is individually authorized by the Governing Body to engage in such activities.

(b) Other public property.

(1) Violation. No person shall, at any time and for any duration, erect any Tent or Other Temporary Outdoor Shelter on any of the following public property, except as provided for in subsection (b)(2), Exception:

(A) Any Public Right-of-Way;

(B) Any public building or facility; or

(2) Exception. The violation set forth in subsection (b)(1), Violation, shall not apply to any person who is authorized by the governing body of the federal, state, or local government owning such property to erect a Tent or Other Temporary Outdoor Shelter on such property.

(c) Private property. No person shall erect any Tent or Other Temporary Outdoor Shelter on any Private Property without the consent of the owner of the property or the lessee of the owner of the property.

(d) Removal from premises. In addition to any penalty provided in subsection (e), Penalty, any law enforcement officer who has probable cause to believe that a person has violated subsections (a), (b), or (c), Public Parks, Other Public Property, or Private Property, respectively, of this section shall be authorized to remove any such person and any personal property of such person from the premises. All such personal property shall be immediately returned to the person who is removed, except that any items that are illegal to possess shall not be returned to the person and shall instead be disposed of pursuant to ordinance or law.

(e) Penalty. A person who is convicted of a violation of subsections (a), (b), or (c), Public Parks, Other Public Property, or Private Property, respectively, of this section shall be sentenced as follows:

(1) First conviction. On a first conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of not more than $1.

(2) Second conviction. On a second conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of at least $20, but in no event shall the person be fined in excess of $50.

(3) Third or subsequent conviction. On a third or subsequent conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of at least $50, but in no event shall the person be fined in excess of $500.

(4) Waiver of court costs. Notwithstanding any provision of the Code to the contrary, the Municipal Judge may, in the sole discretion thereof, waive all or part of the court costs assessed pursuant to Section 9-110, Court Costs and Other Costs, upon a finding that payment of the amount would impose a manifest hardship on the person convicted.

(f) Definitions. The following terms for purposes of this section shall be defined as follows and, for any other terms that are used in this section but are not defined below, such terms shall have the meanings respectively ascribed to them elsewhere in the Code:

(1) Erect – To put up by the fitting together of materials or parts. This term shall include, but not be limited to, fixing in an upright position, causing to stand up, or causing to stand out.

(2) Other Temporary Outdoor Shelter – Any object that is capable of providing or supporting the enclosure, shelter, or protection of persons, animals, or property and that: (1) is constructed or erected on the ground; or (2) is attached or secured to an object that is affixed to or inserted into the ground, including, but not limited to, a light pole, utility pole, bench, tree, branch, stake, tent pole, or trekking pole. This term shall include, but not be limited to, any Tent. This term shall not be defined by the definition of the term “structure” set forth in Section 2-3, Definitions, of the Zoning Regulations of Kearny County, Kansas, the City of Lakin, Kansas, and the City of Deerfield, Kansas, and any amendments thereto.

(3) Park – Any park owned by the City that is open to the public, including, but not limited to, the park located to the west of Main Street between West Ninth Street and West Eighth Street that is commonly known as “Deerfield City Park” and donated as “The C. L. Beckett Park” and the area located to the west of Main street between the drainage ditch and West Tenth Street that is commonly known as “Boy Scout Park”.

(4) Private Property – Any real property that is owned by a person other than a federal, state, or local government.

(5) Public Right-of-Way – Any area of real property that the City is authorized to use or occupy for street, alley, or sidewalk purposes, regardless of the manner in which such authority was acquired and regardless of whether such area is actually used for pedestrian or vehicular travel by the public. This term shall include, but not be limited to, the curb and gutter of any street and the verge and buffer between any street and sidewalk.

(6) Street – Any “street or highway” as such term is defined by Section 14-101(1), Definitions, and amendments thereto.

(7) Tent – Any collapsible shelter that is commonly used for camping outdoors or used as a temporary building, which primarily consists of any fabric, including, but not limited to, nylon or canvas, that is stretched and sustained by poles.

(Ord. 2024-04)

11-207. Unauthorized sleeping on public property.

(a) Public property.

(1) Violation. No person shall sleep or make arrangements to sleep on any of the following public property:

(A) Any Park;

(B) Any Public Right-of-Way; or

(b) Removal from premises. In addition to any penalty provided in subsection (c), Penalty, any law enforcement officer who has probable cause to believe that a person has violated subsection (a), Public Property, of this section shall be authorized to remove any such person and any personal property of such person from the premises. All such personal property shall be immediately returned to the person who is removed, except that any items that are illegal to possess shall not be returned to the person and shall instead be disposed of pursuant to ordinance or law.

(c) Penalty. A person who is convicted of a violation of subsection (a), Public Property, of this section shall be sentenced as follows:

(1) First conviction. On a first conviction of a violation of this section, the person convicted shall not be sentenced to imprisonment but shall be sentenced to a fine of not more than $1.

(d) Definitions. The following terms for purposes of this section shall be defined as follows and, for any other terms that are used in this section but are not defined below, such terms shall have the meanings respectively ascribed to them elsewhere in the Code:

(1) Drainage Ditch – Any ditch, man-made channel, or excavation constructed or used for the purpose of draining surface water, regardless of ownership, including, but not limited to, the drainage ditch that runs from the west city limits boundary east along Moreland Drive to the east city limits boundary and that is commonly known as the “Bar Ditch”.

(2) Park – Any park owned by the City that is open to the public, including, but not limited to, the park located to the west of Main Street between West Ninth Street and West Eighth Street that is commonly known as “Deerfield City Park” and donated as “The C. L. Beckett Park” and the area located to the west of Main street between the drainage ditch and West Tenth Street that is commonly known as “Boy Scout Park”.

(3) Make Arrangements to Sleep – setting up or preparing a place for the purpose of sleeping, including, but not limited to, laying down any bedding, clothing, sleeping bag, bedroll, blanket, sheet, luggage, backpack, or other item of personal property or otherwise assembling any such items for the purpose of sleeping.

(4) Public Right-of-Way – Any area of real property that the City is authorized to use or occupy for street, alley, or sidewalk purposes, regardless of the manner in which such authority was acquired and regardless of whether such area is actually used for pedestrian or vehicular travel by the public. This term shall include, but not be limited to, the curb and gutter of any street and the verge and buffer between any street and sidewalk.

(5) Street – Any “street or highway” as such term is defined by Section 14-101(1), Definitions, and amendments thereto.

(Ord. 2024-04)