(a) Failure to appear is willfully incurring a forfeiture of an appearance bond and failing to surrender one-self within twenty-four (24) hours following the date of such forfeiture by one who charged with a city ordinance violation and has been released on bond for appearance before the municipal court of the City of Leon, Kansas, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within twenty-four (24) hours after his or her conviction of a city ordinance violation has become final by one who has been released on an appearance bond by the municipal court.
(b) Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or citation, shall be deemed a person released on bond for appearance within the meaning of this section.
(c) The provisions of this section shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.
(d) Failure to appear is a Class B violation.
(Ord. 446; Code 2018)
It shall be unlawful to comply with an order of the municipal court as follows:
(a) It shall be unlawful for any person to knowingly fail to pay any lawfully imposed fine, court costs, restitution or other lawful assessment of the court for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a Class C violation regardless of the full payment of the fine or other assessment after such time.
(b) To fail to report to a jail, treatment facility, residential facility, probation office, or other place when ordered to do so by the municipal court unless lawful excuse exists for such failure to comply. Failure to comply is a Class C violation.
(Ord. 446; Code 2018)
Any person within the corporate limits of the City of Leon who urinates upon any highway, street, alley, or upon the premises of any public place or building unless within facilities specifically designed and utilized for that purpose, or upon private property in public or open view of any other person unless the person urinating is within facilities specifically designed and utilized for that purpose, shall have committed the unlawful act of urinating in public. Urinating in public is a Class C violation.
(Ord. 446; Code 2018)
(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing in the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, saving and loan association or depository for the payment of money or its equivalent with the intent to defraud and knowing, at the time of making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in, or credits with the drawee or has not sufficient funds in, or credits with the drawee for the payment of such check, order or draft in full upon its presentation.
(b) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee unless the maker or drawer pays the holder thereof the amount due there on and a service charge not exceeding $3.00 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, “Notice” includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person’s address as it appears on such check, draft or order.
(c) It shall be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based: (1) was postdated, or (2) was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation.
(d) Giving a worthless check in violation of this section is a misdemeanor, punishable with a fine up to $250, and/or six months in prison.
(Ord. 370; Code 2018)
(a) It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places and including the driving of cars or being passengers thereof, except as hereinafter provided, between the hours of ten (10) o’clock P.M. and six (6) o’clock A.M. of the following day, except on Fridays and Saturdays when the hours shall be twelve (12) o’clock midnight to six (6) o’clock A.M. of the following day, PROVIDED, however, that the provisions of this section shall not apply to a minor accompanied by his parents, guardian or other adulty person having the care and custody of the minor or where the minor is an emergency errand or legitimate business directed by his parent guardian or other adult having care and custody of the minor, or when said minor is going to or from or in connection with any job, employment, or farm-related work, attending or returning from any school function, religious meeting, place of amusement or other activity generally open to the public wherein minors are permitted to attend, from said place by the shortest and most direct route to the place of residence of said minor and when any school function, religious meeting, place of amusement or other activity, as aforesaid, shall be located outside the limits of the City of Leon, the minor shall take the most direct route from the point of entry of the city limits to the place of residence of said minor; and be it further provided, that this section shall not apply to any person, regardless of age, that shall be a married person, or to any person traveling through the city on an interstate trip during curfew hours.
(b) DUTY OF PARENT OR GUARDIAN. It shall be unlawful for the parent, guardian, or other person having the care and custody of a minor under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of ten (10) o’clock P.M. and six (6) o’clock A.M. of the following day, except on Fridays and Saturdays when the hours shall be twelve (12) o’clock midnight and six (6) o’clock A.M. of the following day.
(c) PENALTY. A minor convicted of a violation of this section may be sentenced to pay a fine which shall be fixed by the Court not exceeding $250 for each offence. Any Law Enforcement Officer finding a minor under-the age of eighteen (18) years violating the provisions of this section shall warn the child to desist from such violation and immediately return home and shall give written notice to be served upon the parent, guardian, or person in charge of such said child, setting forth the manner in which the provisions of this section have been violated. Any parent or guardian-or person in charge of such child who shall permit such child again to violate the provision of this section after receiving written notice of the first violation shall, upon conviction thereof, be fined not more than Five Hundred Dollars ($500.00) and/or six months incarceration upon convictions thereof, be fined not more than Five Hundred Dollars ($500.00) and/or six months incarceration upon conviction of the same.
(Ord. 428; Code 2018; Ord. 2022-10)
(Ord. 490; Code 2018; Ord. 2021-02)
(a) “Possession of Marijuana” is the knowing possession or control of Cannabis sativa L., otherwise known as marijuana, as it is defined under the uniform controlled substances act, K.S.A. 65-4101, 21-5706, 21-5701 U) and 65-4015(d) (16) and (h) and amendments thereto.
(b) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof: (3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto;
(c) Any person who violates subsection (b) within the corporate limits of the city on the first offense shall be guilty of a Class “B” nonperson misdemeanor; on any second offense shall be guilty of a Class “A” non-person misdemeanor.
(d) For the purpose of determining whether a conviction is a first or second conviction under this section in sentencing under this section, any conviction for a violation of any state statute, city ordinance or resolution, or military regulation which prohibits the same, or a substantially similar offense, shall be considered.
(e) The fine for violation of this section for a first offense shall be a minimum of $500 and may be up to $1,000 and a jail sentence of up to six (6) months; for a second offense the fine shall be a minimum of $750 and may be up to $2,500 and a jail sentence of up to twelve (12) months. The Court will also assess court costs, fees for testing, witnesses, and any, and all, other expenses incurred in the investigation and prosecution of the offense. Drug and alcohol evaluations and any recommended treatment may be ordered as a term and condition of any probation granted. The costs of probation, evaluations and treatment will be assessed to any person convicted under this section.
(Ord. 547A; Code 2018)
(a) “Drug Paraphernalia” means all equipment and materials of any kind which are used, or primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance pursuant to K.S.A. 21-5701(f) and amendments thereto. In determining whether an object is drug paraphernalia, in addition to all other logically relevant factors, the court shall consider the factors set forth in K.S.A. 21-5709 and amendments thereto.
(b) It shall be unlawful for any person to use or possess with the intent to use any drug paraphernalia to:
(1) manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance of fewer than five (5) marijuana plants; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(c) Any person who violates subsection (b) within the corporate limits of the city shall be guilty of a Class B non-person misdemeanor.
(d) The fine for violation of this section shall be a minimum of $250 and may be up to $1,000 and a jail sentence of up to six (6) months. The Court will also assess court costs, fees for testing, witnesses, and any, and all, other expenses incurred in the investigation and prosecution of the offense.
(Ord. 548A; Code 2018)
(a) The alarm user of an alarm system, as those terms are defined within Butler County Resolution No. 05-35, that transmits more than 3 false alarms in any calendar year shall be subject to the following provisions:
(1) For each false alarm over 3 in any calendar year that the county is notified of shall pay to Butler County Emergency Communications a fee of $50.00 for the fourth false alarm, a fee of $75.00 for the fifth false alarm and a fee of $100.00 for each false alarm thereafter.
(2) A false alarm caused by an act of God shall not be considered a false alarm for the purposes of this section.
(b) Following the installation of a new alarm service no false alarm fees will be assessed to an alarm customer for 60 days following installation up to a total of 6 false alarms. Any owner claiming this exemption must provide proof of installation date to validate the claim.
(c) Should an owner contact the communications center to report their alarm being falsely triggered before a responder is on scene and within 4 minutes of the communication center’s receiving the alarm, no false alarm fee will be assessed.
(d) The fees provided for herein shall be payable within 10 days after the owner is invoiced. Alarm users failing to pay false alarm fees shall have those fees certified as a special tax upon the alarmed real estate to the Butler County Treasurer’s Office to be collected together with a late fee of $100.00 along with real estate taxes applicable to the alarmed premises.
(Ord. 469; Code 2018)
(a) Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:
(1) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water except by direction of some public officer or employee authorized by law to direct or permit such acts.
(2) Any private property without the consent of the owner or occupant of such property.
(b) Littering is a Class C misdemeanor.
(Code 2018)
(a) No items other than tree limbs and bushes shall be dumped or otherwise deposited in the City Dump of the City of Leon, Kansas.
(b) Any person, company, association or corporation convicted of violating the conditions of this section shall be punished upon a first conviction by a fine of not more than $100.00; and upon a second or subsequent conviction by a fine of not less than $200 nor more than $750.00.
(Code 2018)