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

It shall be 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 any house or building occupied by any person.

(Code 1968, 11-209)

(a)   Only rowboats, motorboats, rafts, or boats of other description having a horsepower rating of five or less horsepower will be allowed to operate on Big Creek within the city limits.

(b)   No rowboat, motorboat, raft, or boats of any other description will be allowed to operate within a distance of 100 feet from the dam site, located in the city.

(c)   In no circumstances shall any boat create a wake.

(d)   Any person violating any of the provisions of this section shall, upon conviction thereof, be punished as provided in section 1-116 of this code.

(Code 1968, 11-407; Code 1990)

It shall be unlawful for any person to enter upon the premises constituting the Ellis Municipal Swimming Pool area when the same is officially closed to the public, and the Ellis Municipal Swimming Pool area shall be officially closed to the public at all times except during such periods of time as the pool is designated by the person or persons responsible for the management of the swimming pool areas as being open.

(Code 1968, 11-408)

It shall be unlawful without consent of mayor or city council for any person to use, operate or permit to be used, operated or placed in or upon any building or structure or any vehicle a sound reproducing or broadcasting device for outdoor broadcasting of music, voice or other sound on any street or in any public place for commercial or business advertising purposes, or for the purpose of calling attention of the public to any commercial or business products, services, or enterprises.

(Code 1968, 11-710)

It shall be unlawful for any person to willfully or maliciously torture, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department of the city in the performance of the functions or duties of such department, or to interfere with or meddle with any such dog while being used by the department or any officer or member thereof in the performance of any of the functions or duties of the department or of such officer or member.

(Code 1968, 11-711)

Any person abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox or other article having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid, or any person who being the owner, lessee or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition shall, upon conviction thereof, be punished as provided in section 1-116.

(Code 1968, 11-713)

(a)   Definitions. All terms and words and utilized in this article shall be defined in the same manner as they are in K.S.A. 41-102, and amendments thereto.

(b)   Offense. Except with regard to the serving of alcoholic liquor or cereal malt beverages as permitted by Kansas state law, specifically K.S.A. 41-308a, 41- 308d, 41-2610 or 41-2704, and amendments thereto, no person who has reached the age of 18 years but is under 21 years of age shall possess, consume, obtain, purchase, or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(Ord. 115, Secs. 1:2)

(a)   It is unlawful to intentionally, knowingly or recklessly make, permit or assist another to make any excessive, unnecessary, unusual, disturbing, or loud noise, which creates a nuisance or injuries or affects the comfort, health, and safety of others, or interferes with the use or enjoyment of property of any other person, unless the making of such noise is necessary for the protection and preservation of property or the health and safety of individuals in the city.

(b)   Noise Nuisances. The following acts, which enumeration shall not be deemed to be exclusive, are hereby declared to be noise nuisances and shall be deemed as prima facie unreasonable in the context of, and this subsection constituting a violation of this section.

(1)   The playing or permitting of the playing of any radio, television, phonograph, loudspeaker, drum, juke box, auto stereo, musical instrument, sound system, sound amplifier of any kind, or device which produces or amplifies sound, when done in such a manner or with such volume or with continued duration so as to annoy, distress, or disturb the quiet comfort of persons or the peaceful enjoyment of property within the vicinity.

(2)   The use of any motor vehicle, of any kind, so out of repair, or in such a manner to create loud or unnecessary noise which may annoy, distress or disturb the quiet comfort and peaceful enjoyment of any persons within the vicinity.

(3)   The construction, excavation, demolition, alteration, or repair work of any building or property, by use of any power tools or power equipment used in the construction, excavation, drilling, demolition, alteration, or repair work other than between the hours of 7:00 a.m. and 10:00 p.m.

(4)   Any loud, excessive, unnecessary, unusual, disturbing, or distressing noises, when produced may be clearly heard from a distance of 50 feet or more. The measurement standard shall be the normal auditory senses; of a reasonable person (words or phrases need not be discernible)

(c)   Exceptions. The following activities, so long as they are conducted between the hours of 7:00 a.m. and 10:00 p.m., as a normal function of a permitted use, and the equipment is maintained in proper working order, are excepted from the provisions of this article:

(1)   Lawn maintenance.

(2)   Repair of personal use vehicle.

(3)   Temporary stand-by power generators.

(4)   Noise caused by operators of the city utilities, refuse company, and city maintenance employees.

(5)   Emergency vehicles or sirens and emergency work by city employees at any time of day.

(d)   An application for a permit for exemption from the provisions of this section may be made to the city clerk or his or her duly authorized representative. Upon such application, the city clerk or his/her representative may issue a permit which exempts the holder of such permit from the provisions of this section for any duration of time deemed appropriate. The city clerk may reserve issuance of any permit for exemption from the provisions of this section for consideration by the governing body. Any permit granted by the city clerk or his/her representative under this section shall contain all conditions upon which such permit has been granted and shall specify the time during which the permit shall be effective. The city clerk or his/her representative shall prescribe any conditions or requirements he/she deems necessary to minimize adverse effects upon the community to the surrounding neighborhood. The city clerk or his/her authorized representative may revoke such permit in the event the conditions prescribed are violated.

(e)   Law Enforcement. The law enforcement officers of the city, and contract law enforcement officers shall have the power to enforce the provisions of this section.

(Ord. 1169; Code 2002; Ord. 1351; Code 2022)

Violation of this article shall be punishable by a fine not to exceed $500.00 and/or imprisonment not to exceed one month. The minimum fine imposed for violation of this article shall be $200.00. In addition to the other penalties provided for a violation of this article, the offender may be ordered to do any or all of the following:

(a)   Perform 40 hours of public service;

(b)   Attend and satisfactorily complete a suitable education or training program dealing with the effect of alcohol or other chemical substances when ingested by humans;

(c)   Order the offender to submit to and complete an alcohol and drug evaluation by community-based alcohol and drug safety action program and to pay the fee for such evaluation, and to comply with the evaluation’s recommendations.

This section shall not apply to the possession and consumption of alcohol or cereal malt beverage by a person under the legal age for consumption of alcohol or cereal malt beverage if such possession and consumption is permitted, furnished, and directly and continuously supervised by the person’s parent or legal guardian.

(Ord. 1105, Sec. 3)

(a)   All acts declared unlawful under the ordinances of the city which are not subject to specific penalty provisions contained within the Book of Ordinances, and which are not a part of the Uniform Public Offense Code for Kansas Cities as it is now, or may be enacted, will be subject to the penalty provisions contained in this article.

(b)   Upon conviction of any offense of the type specified in subsection (a), the court shall sentence the convicted offender to a term of confinement in the city or county jail for a term not to exceed 30 days, or shall sentence the convicted offender to pay a fine of up to $500.00, or both.

(c)   In the case of offenses of a continuing nature that are subject to this statute, unless otherwise provided each day such offense continues shall be a separate and distinct offense subject to the above punishments.

(Ord. 1130, Secs. 1:3)

(a)   No person shall urinate or defecate in or upon any place open to the public or exposed to the public view, including the street, sidewalks, alleys, plazas, parks, parking lots, private property, and public buildings located within the city. 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.

(b)   A conviction of violation of this section is an unclassified offense. The defendant may be fined up to a maximum fine of $500.00 and sentenced to a maximum term of 30 days in jail.

(Ord. 1256, Secs. 1:2; Code 2007)