It shall be unlawful for any person, with intent to chest or defraud another person, to obtain or receive from such person or persons any money, property or valuable thing of the value of $50 or less by means of any trick, deception, false representation, statement or pretense, or by any other means, instrument or device.

False pretense and misrepresentation is a Class C violation.

(Code 1975, 8-109)

It shall be unlawful for any person to tamper with or to by-pass any utility meter without first having the consent of the city clerk or some agent or employee of the city.

Violation of this section shall constitute a Class C violation.

(Code 1975, 8-309)

It shall be unlawful for any person to remove, run over or interfere with in any way, any light, flare or barricade, placed or erected by the city or any constructor executing a contract with the city or with any person, or erected by any person for the purpose of protecting any grading, paving, sidewalk, construction, excavation or any other work or dangerous place. Violation of this section shall constitute a Class C violation.

(Code 1975, 8-310)

(a)   Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with intent to use such matter for an unlawful purpose, or the use or attempt to use noxious matter to the injury of persons and property or the placing or depositing of such matter upon or about the premises of another person without the consent of such person.

(b)   Noxious Matter as used in this section means any bomb, compound or substance which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.

Criminal use of noxious matter is a Class C violation.

(Code 1975, 8-313)

(a)   Eavesdropping is knowingly and without lawful authority:

(1)   Entering into a private place with intent to listen surreptitiously to private conversations or to observe the personal conduct of any other person or persons therein;

(2)   Installing or using outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;

(3)   Installing or using any device or equipment for the interception of any telephone, telegraph or other wire communication without the consent of the person in possession or control of the facilities for such wire communication.

(b)   A private place within the meaning of this section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access.

Eavesdropping is a Class C violation.

(Code 1975, 8-501; Code 1996)

(a)   It shall be unlawful for any person to intentionally or recklessly deposit or cause to be deposited any object or substance into, upon, or about:

(1)   any public street, highway, alley, road, right-of-way, part of other public place, or any lake, stream, water course or other body of water except by direction of some public office or employee authorized by law to direct to permit such acts; or

(2)   any private property without the consent of the owner.

(b)   It shall be unlawful for any person or persons to intentionally throw, rake, deposit, dump, drop, spill or discard any dirt, compost, waste material, trash, leaves, grass, yard clippings, waste or other debris upon any city street or alley. This specifically includes the discharge of grass clippings or other mower discharge upon city streets and alleys.

(c)   It shall be unlawful for any person to intentionally or recklessly deposit, or cause to be deposited at the city composting site any item other than yard waste, brush or tree limbs, or to deposit any item prohibited from being deposited at the site by signage at the site, provided, that trash generated from hauling yard waste, brush and tree limbs to this site may be deposited in containers provided at the site.

(d)   Any person violating provisions of this article shall be deemed guilty or misdemeanor and upon conviction shall be punished by a fine of not less than $25.00 and nor more than $500.00.

(Ord. 2005-12; Ord. 2019-4; Code 2022)

(a)   It shall be unlawful for any minor under the age of eighteen (18) years of age to idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or any other public place or to operate or ride in any conveyance or to be on any private property without permission where said minor is unsupervised by a parent, guardian or other adult having the lawful care and control over said minor and further, having legal authority to be at such places during the following periods of time: For minors, on any day between the hours of 11:00 P.M. and 6:00 A.M. of the following day, EXCEPT the hours shall be from 12:00 A.M. Saturday to 6: 00 A.M. Saturday and from 12:00 A.M. Sunday co 6:00 A.M. Sunday.

(b)   Exceptions.

(1)   When a minor of any age is accompanied by his or her parent, guardian or other adult having the lawful care, custody and control of the minor.

(2)   When the minor is on an emergency errand at the direction of his or her parent, guardian or other adult having the lawful care, custody and control of the minor.

(3)   When the minor is returning directly home from a school sponsored activity, entertainment, recreational activity or dance.

(4)   When the minor is returning directly home from lawful employment that makes it necessary for the minor to be at his or her place of employment during the prescribed periods of time.

(5)   When the minor is attending or traveling directly to or from an activity involving the exercise of minors constitutional rights of free speech, freedom of assembly or free exercise of religion.

(6)   When the minor is in transit through the City of Ellinwood, Kansas.

(7)   When any person under the age of eighteen (18) years is legally married.

(c)   Parental responsibility.

Except under the circumstances outlined in subsection (b), it shall be unlawful for any parent, guardian or other adult having the care, custody or control over said minor to permit said minor to violate the provisions of this article.

(d)   Penalties.

(1)   Any police officer finding a minor in violation of this section shall warn said minor to cease and desist from such violations and to return home immediately and shall cause a written notice to be served upon the parent, guardian or other adult having the care, custody or control of said minor, setting forth in detail the violations committed by the minor. For the purposes of this section, notice shall be deemed properly served upon such parent, guardian or other adult having the care, custody or control of the minor if a copy of the notice is served upon him or her personally, or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address, provided further, if the notice cannot be served as outlined above, service of the notice may be made upon said parent, guardian or other adult having the care, custody or control of said minor by publication one time in the official city newspaper setting forth the terms of the notice.

(2)   Any parent, guardian or other adult having the care, custody and control over a minor who shall permit said minor to violate the provisions of this section and upon conviction thereof shall, for the first conviction, be fined not less than $25.00 but not more than $100.00. For a second or subsequent conviction, said person shall be fined not less than $50.00 nor more than $500.00 and shall be subject to imprisonment for a period of not less than two (2) days but not more than ten (10) days with the Municipal Court Judge having the authority to suspend said period of incarceration if the judge deems it to be in the interest of justice and in the best interests of the defendant but in no case, shall the judge have the authority to suspend payment of any fine or costs imposed hereunder.

(Ord. 9808; Code 2022)

(a)   It shall be unlawful for any person to:

(1)   Make, continue, maintain or cause to be made or continue any excessive, unnecessary, unreasonable or unusually loud noise or any noise in such manner as to annoy, offend, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person, family, or neighborhood.

(2)   Use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of any reasonable person, family, or neighborhood.

(3)   Congregate because of, participate in or be in any party or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of any reasonable person, family, or neighborhood. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from the dwelling unit to immediately disperse in lieu of being charged under this Section.

(b)   The operation of any tool, equipment, vehicle, electronic device, radio receiving set, instrument, television, phonograph, machine or other noise-or-sound-producing device at any time in such a manner as to be plainly audible for one hundred feet (100’) or more from the source of the sound shall constitute prima facie evidence of a violation of this section. Prima facie shall not be interpreted to mean that it is a requirement of this section that the noise be audible for one hundred feet (100’) to constitute a violation of this section but only that sound audible at that distance is prima facie evidence.

(c)   The following shall not be considered to be violations of this Section:

(1)   Sound from law enforcement motor vehicles and other emergency motor vehicles including, but not limited to, snow clearing equipment;

(2)   Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities employed by a governmental agency engaged in preparing for or remedying a potentially hazardous situation in which immediate physical trauma or property damage is occurring or threatened.

(3)   Sound from a vehicle or activity approved by the City Council or in association with a public event such as a parade, sporting event, or community dance.

(d)   Penalty.

Any person, individual, partnership, corporation or association violating any of the provisions of this section is guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment of not more than six (6) months, or by both fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Ord. 2007-10; Code 2022)