Article 1. Uniform Offense Code

11-101.      Uniform public offense code incorporated.

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Clearwater, Kansas, that certain code known as the “Uniform Public Offense Code,” Edition of 2024, 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. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1110,” 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 said ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

11-102.      Violations and penalties.

(a)   Classes of violations. For the purpose of sentencing, the following classes of violations and the punishment and terms of confinement authorized for each class are established:

(1)   Class A, the sentence for which shall be a definite term confinement in the county jail which shall be fixed by the court and shall not exceed one year;

(2)   Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;

(3)   Class C, the sentence for which shall be a definite term on confinement in the county jail which shall be fixed by the court and shall not exceed one month;

(4)   Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a Class C violation.

(b)   Alcohol and drug education programs. In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the violation was substantially related to the possession, use or ingestion of a cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or licensed by the secretary of social and rehabilitation services.

(c)   Fines. A person convicted of a violation may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:

(1)   Class A violation, a sum not exceeding $2,500.00;

(2)   Class B violation, a sum not exceeding $1,000.00;

(3)   Class C violation, a sum not exceeding $500.00;

(4)   Unclassified violation, any sum authorized by the section that defines the offense and if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a Class C violation.