CHAPTER 16. OFFENSESCHAPTER 16. OFFENSES\Article I. Uniform Public Offense Code

(a)   There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Ottawa, Kansas, that certain code known as the Uniform Public Offense Code, Edition of 2017, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed.  One official copy of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No.3957-17,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(b)   Section 10.6 of the Uniform Public Offense Code is amended as follows:

       SECTION 10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PAINTBALL GUN.

       The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun, within the city, except: A) within the confines of a building or other structure from which the projectiles cannot escape; or B) when such person has received prior written authorization for such discharge from the Chief of Police or his or her designee. Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is a Class C violation.

(Code 2015; Ord. 3928-16; Ord. 3957-17)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. In the event of a conflict between any definition below and that found in the Uniform Public Offense Code, the definition of the code under which the offense has been charged shall apply:

Another- means a person as defined in this Code, other than the person whose act is claimed to be an offense.

City or this City- means the City of Ottawa and all land and water either within or outside the boundary of the City over which the City has either exclusive or concurrent jurisdiction, and the air space above such land and water.

Conduct- means an act or series of acts, and the accompanying mental state.

Conviction- means a judgment of guilt entered upon a plea or finding of guilt.

Dwelling- means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.

Law enforcement officer- means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

Obtain- means to bring about a transfer of interest in or possession of property, whether to the offender or to another.

Owner- means a person who has any interest in property.

Person- means an individual, public or private corporation, government, partnership or unincorporated association.

Personal property- means goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged or dismissed.

Property- means anything of value, tangible or intangible, real or personal.

Prosecution- means all legal proceedings by which a person's liability for an offense is determined.

Public employee- means a person employed by or acting for the City and who is not a public officer.

Public offense or offense- means an act or omission defined by this Chapter which, upon conviction, is punishable by fine, confinement, or both fine and confinement.

Public officer- means and includes the following, whether elected or appointed:

A.    An executive or administrative officer of the City.

B.    A member of the Board of Commissioners.

C.    A judicial officer, which shall include a judge, municipal judge, magistrate, juror, master or any other person appointed by a judge or court to hear or determine a cause of controversy.

D.    A hearing officer, which shall include any person authorized by law or private agreement to hear or determine a cause or controversy and who is not a judicial officer.

E.    A law enforcement officer or public safety officer.

F.    Any other person exercising the functions of a public officer under color of right.

Real property or real estate- means every estate, interest and right in lands, tenements and hereditaments.

(Code 2015)