It shall be unlawful for any child under the age of 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 11:00 p.m. and before the hour of 6:00 a.m., unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child. Such prohibition shall not apply to those children under the age of 18 years who are enroute by the most direct and accessible route between their homes and authorized places of employment, nor to those who are enroute by the most direct and accessible route from a place of employment, authorized entertainment, or authorized place of attendance to their residences. The term “authorized” as used in this section shall denote prior authorization by a parent, legal guardian, or other person exercising legal custody.

(Ord. 353, Sec. 1)

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 18 years to suffer, permit or allow any such child 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, after the hour of 11:00 p.m. and before the hour of 6:00 a.m. unless accompanied by a parent, legal guardian, or other person lawfully entitled to the care, custody and control of such child.

(Ord. 353, Sec. 2)

The governing body on specific occasions, shall have the authority to suspend the curfew by official proclamation published in the official city newspaper.

(Ord. 353, Sec. 3)

Any person violating any of the provisions of sections 11-201:204 shall, upon conviction thereof, be punished by a fine of not less than $10 nor more than $100 or by imprisonment not exceeding three months, or by both.

(Ord. 353, Sec. 4)

It shall be unlawful for any person to loaf or loiter along any street, alley, park, schoolhouse or school yard, church or church yard or other public building or place or about the doorway of any hotel, restaurant, store, or other business house in the city between the hours of 1:00 a.m. and 6:00 a.m. without having lawful business or cause to be in any such place. All persons found loafing or loitering in or about any of the places named herein after the hours specified shall upon being warned or ordered by any law enforcement officer to disperse or move on and who shall fail to observe the directions of any such officer lawfully given, shall upon conviction thereof be fined in any sum not exceeding $100, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

(Ord. 425)

Regulations relating to the possession of habit-forming and dangerous drugs shall be as follows:

(a)   It shall be unlawful for any person within the city to possess any of the drugs described in subsection (b) hereof, except as hereinafter provided.

(b)   The habit-forming and dangerous drugs subject to the provisions of this section are:

(1)   The salts and derivatives of barbituric acid or compounds, preparations or mixtures thereof, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates.

(2)   Paraldehyde.

(3)   Chloralhydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloralhydrate.

(4)   Amphetamine, its salts and derivatives or compounds, preparation or mixtures thereof, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by use of the mixture.

(5)   Marijuana, opium cannabis, isonipecaine, amidone, isoamidone, ketobemidone, or coca leaves or any compound, salt, derivative or preparation thereof.

(6)   Hallucinogens, including bufotenine, ibogaine, DET (diethyltryptamine), DOM (STP), psilocybin, psilocyn, DMT (dimethytryptamine), LSD-25 or LSD (d-lysergic acid diethylamide) and any other derivative of d-lysergic acid producing stimulating or hallucinogenic effects similar to those caused by LSD.

(c)   Subsections (a) and (b) above shall not apply to duly licensed doctors of medicine, dentists, veterinarians and pharmacists who may possess such drugs in the proper and legal courses of practice of their professions: provided, that it shall not be lawful to possess for the purposes of medication, drugs listed in subsection (b) of this section which have been dispensed by a duly licensed doctor of medicine, dentist or veterinarian, or which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, when in the container in which it was delivered to him or her by the person so selling or dispensing the same; provided further, that this subsection shall not apply to common carriers or warehousemen engaged in the lawful transporting or storing such drugs as are listed in subsection (b) of this section, or to any employee of such common carriers or warehousemen within the scope of his or her employment, or to public officers or employees in the performance of official duties requiring possession or control of such drugs or to persons aiding such officers of employees in the performance of such duties: provided further, that nothing contained in this subsection shall be construed as prohibiting a hospital licensed by the State Board of Health from keeping such drugs and supplying such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or a dentist.

(d)   A violation of this section is a Class A Misdemeanor and shall be punishable by a sentence for which there shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one (1) year or by a fine in a sum not exceeding Two Thousand Five Hundred Dollars ($2,500).

(Ord. 491)

(a)   It shall be unlawful for any person to use or possess with intent to use:

(1)   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 (K.S.A. 65-4101 et seq.); or

(2)   Any simulated controlled substance.

(b)   It shall be unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within the city;

(1)   Any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used 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 (K.S.A. 65-4101 et seq); or

(2)   Any simulated controlled substance.

(c)   It shall be unlawful for any person to knowingly deliver or cause to be delivered in the city any substance which is not a controlled substance:

(1)   Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or It shall be unlawful for any person to use or possess with intent to use:

(2)   Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance, the establishment of any one of the following factors creating a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance.

(A)  The substance was packaged in a manner normally used for the illegal delivery of controlled substances;

(B)  The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance; or

(C)  The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.

(d)   A violation of this section is a Class B Misdemeanor and shall be punishable by a sentence for which there shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed six (6) months or by a fine in a sum not exceeding One Thousand Dollars ($1,000).

(Ord. 492)