Article 2. Local Provisions

11-201.      Mistreatment of a dependent adult or elder person.

(a)   Mistreatment of a dependent adult is knowingly and intentionally taking the personal property or financial resources having a value of less than $1,000.00 of a dependent adult for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of a dependent adult through:

(1)   Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult;

(2)   A violation of the Kansas Power of Attorney Act, K.S.A. 58-650 et seq.; or

(3)   A violation of the Kansas Uniform Trust Code, K.S.A. 58a-101 et seq.

(b)   Mistreatment of an elder person is knowingly taking the personal property or financial resources having a value of less than $5,000.00 of an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of an elder person through:

(1)   Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult;

(2)   A violation of the Kansas Power of Attorney Act, K.S.A. 58-650 et seq.; or

(3)   A violation of the Kansas Uniform Trust Code, K.S.A. 58a-101 et seq.

(c)   No dependent adult or elder person is considered to be mistreated for the sole reason that such dependent adult or elder person relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult is a member or adherent.

(d)   For the purpose of this section, the term “dependent adult” means an individual 18 years of age or older who is unable to protect their own interest. The term includes:

(1)   A resident of an adult care home, including but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;

(2)   An adult cared for in a private residence;

(3)   An individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;

(4)   An individual with mental retardation or a development disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto;

(5)   An individual with a developmental disability receiving services provided by a community service provider as provided in the Developmental Disability Reform Act; or

(6)   An individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.

(e)   For purposes of this section, the term “elder person” means a person that is 70 years of age or older.

(f)   Violation of this section is a Class A misdemeanor except as provided in K.S.A. 21-5417(d)(1)(G).

11-202.      Curfew violations.

(a)   It is unlawful for a minor under the age of 18 years to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public grounds of public places or public buildings, vacant lots and parking lots between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Thursday, and on Friday nights and Saturday nights between 12:00 midnight and 6:00 a.m.; provided, however, that the provisions of this section shall not apply to the minor accompanied by his parent, guardian, or other adult person having the legal care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the legal care and custody of the minor.

(b)   This section shall not apply to a minor that is:

(1)   Accompanied by the minor’s parent or guardian;

(2)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

(3)   In a motor vehicle involved in interstate travel;

(4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)   Involved in an emergency;

(6)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;

(7)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(8)   Exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech, and the right of assembly; or

(9)   Married or had been married or had disabilities of minority removed in accordance with K.S.A. 38-108 et seq.

(c)   The penalty for violation of this section shall be $25.00 for the first offense; $75.00 for the second offense; and $150.00 for the third and any subsequent offense.

11-203.      Criminal littering defined and prohibited.

(a)   Defined and prohibited. Criminal littering within the city is prohibited. The term “criminal littering” means intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about any public street, highway, alley, road, right-of-way, park or other public place, or any lake or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts or upon or about any private property without the consent of the owner or occupant of such property. Littering from a motor vehicle constitutes criminal littering.

(b)   Littering from motor vehicle prohibited. No person shall throw, place or drop any object or substance or allow any object or substance to be thrown, placed or dropped from a motor vehicle onto or upon any highway, road or street. The driver of the vehicle may be cited for any object or substance thrown, placed or dropped from the motor vehicle, unless any person in the motor vehicle admits to or is identified as having committed the act.

(c)   Penalties. Criminal littering is an unclassified misdemeanor punishable by a fine of not less than $50.00 and not more than $500.00. In addition, a person convicted of littering may be required to pick up litter for a time prescribed by and a place within the jurisdiction of the municipal court.