A. Incorporating Uniform Public Offense Code: There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Scott City, Kansas, that certain code known as the Uniform Public Offense Code for Kansas Cities, 40th Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereinafter referred to as the "Uniform Public Offense Code", save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, added, or amended. One official copy of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. 1269 with all sections or portions thereof intended to be omitted, deleted, modified, added or amended clearly marked to show any such omission, deletion, modification, addition, or amendment 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. The police department, municipal judge, city attorney, city prosecutor, and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such Uniform Public Offense Code, similarly marked, as may be deemed expedient. All references to the Uniform Public Offense Code as adopted and incorporated into this Code shall be in a form designating Section 5-2-1 followed in parenthesis by the section number of the Uniform Public Offense Code, as incorporated, e.g. Section 10.5 of the Uniform Public Offense Code as adopted and incorporated shall be referenced as Section 5-2-1(10.5).
B. Amendment: Section 1.1 of the Uniform Public Offense Code, also referred to as 5-2-1(1.1) of the Code is hereby amended to read as follows:
Section 1.1 Definitions.
(a) As used in the Uniform Public Offense Code, as incorporated, and as used in other public offense ordinances of the City, the words and phrases defined in Section 1.1 of Article 1 of the Uniform Public Offense Code shall have the meanings respectively ascribed to them therein and any such definitions are hereby incorporated by reference as if fully set forth herein, except as expressly provided in subsection (b) or except when the context otherwise requires.
(b) Notwithstanding the definitions of Section 1.1 of Article 1 of the Uniform Public Offense Code as incorporated by subsection (a), the following words and phrases shall have the meanings ascribed to them as set forth below:
(1) Controlled Substance. Any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(2) Controlled Substance Analog.
(A) A substance that is intended for human consumption, and at least one of the following:
i. The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;
ii. The substance has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
iii. With respect to a particular individual, such individual represents or intends the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.
(B) “Controlled substance analog” does not include:
1. A controlled substance;
2. A substance for which there is an approved new drug application; or
3. A substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is permitted by the exemption.
(3) Distribute. The actual or constructive transfer from one person to another of some item whether or not there is an agency relationship. Distribute includes, but is not limited to, sale, offer for sale, furnishing, buying for, delivering, giving, or any act that causes or is intended to cause some item to be transferred from one person to another. Distribute does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the Kansas Pharmacy Act, the Uniform Controlled Substances Act, or otherwise authorized by law or ordinance.
(c) Amendment. Section 7.15 of the Uniform Public Offense Code, also referred to as 5-2-1(7.15) of the Code, is hereby amended to read as follows:
Section 7.15. Intimidation of a Witness or Victim.
(a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) Any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;
(B) Causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) Causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(D) Arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Intimidation of a witness or victim is a Class B person violation.
(c) As used in this section:
(1) Civil injury or loss means any injury or loss for which a civil remedy is provided under the laws of this state, any other state, or the United States.
(2) Victim means any individual:
(A) Against whom any crime under the laws of this state, any other state or the United States or any ordinance violation under the code of any city is being, has been or is attempted to be committed; or
(B) Who suffers a civil injury or loss; and
(3) Witness means any individual:
(A) Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;
(B) Whose declaration under oath is received or has been received as evidence for any purpose;
(C) Who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(D) Who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States; or
(E) Who is believed by the offender to be an individual described in this subsection.
D. Amendment: Section 9.9.3 of the Uniform Public Offense Code, also referred to as 5-2-1(9.9.3) of the Code, is hereby amended to read as follows:
Section 9.9.3. Unlawful Distribution of Controlled Substances.
(a) No person shall distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto, to any person who is eighteen (18) years of age or older.
(b) Violation of subsection (a) is a Class A violation.
E. Amendment: Section 9.9.4 of the Uniform Public Offense Code, also referred to as 5-2-1(9.9.4) of the Code, is hereby amended to read as follows:
Section 9.9.4. Unlawful Possession of Controlled Substances.
(a) No person shall possess any of the controlled substances or controlled substance analogs thereof found in subsection (b) of K.S.A. 21-5706, and amendments thereto, except as provided in subsection (b) of this section.
(b) This section shall not apply if the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h), and amendments thereto.
(c) Violation of subsection (a) is a Class A violation.
(d) A law enforcement officer shall not take a person into custody based solely on the commission of an offense described in subsection (a) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that the person:
(1) (A) Initiated contact with a law enforcement officer, law enforcement agency, or emergency medical services and requested medical assistance on the person's own behalf because the person reasonably believed they needed medical assistance as a result of the use of a controlled substance; and
(B) Cooperated with law enforcement officers and emergency medical services personnel in providing such medical assistance;
(2)(A) Was a person who rendered aid to another person who reasonably appeared to need medical assistance as a result of the use of a controlled substance or initiated contact with a law enforcement officer, law enforcement agency or emergency medical services and requested medical assistance for another person who reasonably appeared to need medical assistance as a result of the use of a controlled substance;
(B) Provided such person's full name and any other relevant information that is necessary to provide the medical assistance described in subsection (d)(2)(A) as requested by law enforcement or emergency medical services;
(C) Remained at the scene with the person who reasonably appeared to need medical assistance until emergency medical services personnel and law enforcement officers arrived; and
(D) Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or
(3) (A) Was the person who reasonably appeared to need medical assistance as a result of the use of a controlled substance as described in subsection (d)(2)(A); and
(B) Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.
(e)(1) Except as provided in subparagraph (e)(2), each person who meets the criteria in subsection (d) is immune from criminal prosecution for a violation of subsection (a).
(2) No person is immune from criminal prosecution as provided in subsection (e)(1) if the quantity of controlled substances found at the scene of the encounter with law enforcement would be sufficient to create a rebuttable presumption of an intent to distribute as described in subsection (e) of K.S.A. 21-5705, and amendments thereto.
(f) The provisions of this section shall not apply to a person seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
(g) Nothing in this section shall be construed to preclude a person who is immune from criminal prosecution pursuant to this section from being prosecuted based on evidence obtained from an independent source.
(h) A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the officer's employer based on the officer's compliance or failure to comply with this section. Except in cases of reckless or intentional misconduct, an officer shall be immune from liability for arresting a person who is later determined to be immune from prosecution pursuant to this section.
F. Amendment: Section 9.9.6 of the Uniform Public Offense Code, also referred to as 5-2-1(9.9.6) of the Code, is hereby amended to read as follows:
Section 9.9.6. Distribution of Non-Controlled Substance.
(a) No person shall distribute or possess with the intent to distribute any substance, which is not a controlled substance, to any person who is eighteen (18) years of age or older:
(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
(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
(b) Violation of subsection (a) is a Class A nonperson violation.
(c) If any one of the following factors is established, there shall be a presumption that distribution of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegal distribution of controlled substances;
(2) The distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance and the amount of the consideration was substantially in excess of the reasonable value of the substance; or
(3) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
G. Amendment: Section 10.1 of the Uniform Public Offense Code, also referred to as 5-2-1(10.1) of the Code, is hereby amended to read as follows:
Section 10.1. Criminal Use of Weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club, or metal knuckles;
(2) Possessing with intent to use the same unlawfully against another, a slungshot, throwing star, or any other dangerous or deadly weapon or instrument of like character; provided, however, that nothing herein shall be construed as to prohibit the possession, carrying, or use of a cutting instrument pursuant to K.S.A. 12-16,143; or
(3) Setting a spring gun.
(b) Criminal use of weapons is a Class A violation.
(c) Subsections (a)(1) and (a)(2) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) The manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.
H. Amendment: Section 10.5 of the Uniform Public Offense Code, also referred to as 5-2-1(10.5) of the Code, is hereby amended to read as follows:
Section 10.5. Unlawful Discharge of a Firearm.
(a) Unlawful discharge of a firearm is the discharge of a firearm within or into the corporate limits of any city.
(b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
(1) The firearm is discharged in the lawful defense of one's person, another person or one's property;
(2) The firearm is discharged at a private or public shooting range;
(3) The firearm is discharged by authorized law enforcement or animal control officers;
(4) The firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;
(5) The firearm is discharged using blanks; or
(6) The firearm is discharged in lawful self-defense or defense of another person against an animal attack.
(c) A violation of this section shall be a Class B violation.
(Ord. 1192, 8-20-2018; amd. Ord. 1202, 7-15-2019; Ord. 1218, 8-16-2021; Ord. 1242, 8-15-2022; Ord. 1269, 9-16-2024)