Unless otherwise specified, the penalties for violation of the sections in this article will be classed in the manner set out in Article 12 of the Uniform Public Offense Code incorporated by reference in section 11-101 of this chapter.

(Code 1984)

(a)   It shall be unlawful for any child under the age of 16 years to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or by any other means after the hour of 10:30 p.m. and before the hour of 6:00 a.m.

(b)   It further shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter, or play in, about or upon any public street, alley, sidewalk, vacant lot, park, playground, public place or other place normally accessible to the public for public use, whether on foot or in a vehicle or by other means after the hour of 12:00 midnight and before the hour of 6:00 a.m.

(c)   The curfew shall not apply to those children who:

(1)   are accompanied by a parent or legal guardian;

(2)   who are enroute by the most direct and accessible route from their homes to an authorized place of employment;

(3)   who are enroute by the most direct and accessible route from an authorized place of employment, authorized place of entertainment, or authorized place of attendance to their residences.

(d)   The term authorized as used in this section shall denote prior authorization by a parent or legal guardian. Violation of this section is a Class C violation.

(Ord. 298, Sec. 1)

It shall be unlawful for any parent or legal guardian of any child under the age of 18 years to suffer, permit or allow such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or the place normally accessible to the general public for public use, during the hours of curfew applicable to such child in violation of section 11-202. Violation of this section is a Class C violation.

(Ord. 298, Sec. 2)

The governing body of the city, on specific occasions and in response to written request submitted not less than seven calendar days prior to the occasion, shall have the authority to suspend by official proclamation published in the official city paper, the hours of curfew stated in section 11-202.

(Ord. 298, Sec. 3)

(a)   It shall be unlawful for any person or persons to erect or maintain in the city a fence equipped with an electric charge sufficient to cause shock.

(b)   It shall be unlawful for any person to erect or maintain in the city a fence equipped with or having barbed wire, spikes, or any similar device unless the barbed wire, spikes or any similar device is more than six feet above the ground.

(c)   The provisions of subsections (a) and (b) shall not apply when a fence is used to enclose areas containing livestock lawfully permitted to be kept in the city. Violation of this section is a Class C violation.

(Ord. 332)

It shall be the duty of all persons who erect or maintain a barbed wire fence which otherwise complies with section 11-205 to keep the same in good repair; which shall include replacing rotted posts, keeping the wire tight and keeping the wire from becoming detached from the fence posts. Violation of this section is a Class C violation.

(Ord. 332, Sec. 4)

(a)   As used in this section, the term litter shall mean any rubbish, refuse, waste material, garbage, trash or debris of any kind of description, including but not limited to improperly discarded paper, metal plastic or glass regardless of size or value.

(b)   CRIMINAL LITTERING: No person shall intentionally or recklessly dump, throw, place, deposit or cause to be dumped, thrown, placed, deposited or left litter 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 a public officer or employee authorized by law to direct or permit such act; or

(2)   Any private property without the consent of the owner or occupant of such property.

(3)   Unsolicited forms of written communication otherwise protected by the First amendment shall be deemed as litter upon written or oral notice from the private property owner or occupant that consent to receive such communication is withdrawn.

(4)   A violation of this section shall be a unclassified violation punishable by:

(A)  Upon a first conviction, by a fine of not less than $250.00 nor more than $1,000.00,

(B)  Upon a second conviction, by a fine of not less than $1,000.00 nor more than $2,000.00,

(C)  Upon a third or subsequent conviction, by a fine of not less than $2,000.00 nor more than $4,000.00.

(c)   LITTERING FROM MOTOR VEHICLE. No person shall throw, place or drop litter or allow litter 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 such refuse, object or substance thrown, placed or dropped from the motor vehicle, unless any other person in the motor vehicle admits to or is identified as having committed the act. A violation of this section is an infraction punishable by find of not less than $250.00 not to exceed $500.00.

(Ord. 16-867)

Tobacco and e-cigarette use is prohibited in outdoor recreational facilities in the City of South Hutchinson, Kansas.

(a)   It shall be unlawful for any person to use any form of tobacco ore-cigarette at or on any City-owned or operated outdoor recreational facilities. This includes but is not limited to playgrounds, athletic fields, aquatic areas, parks, walking trails, restrooms, and spectator or concession areas.

(b)   Any person found to be in violation of this section shall be subject to a find in the sum of Fifty Dollars ($50.00) and shall be subject to immediate ejection from the City Park or recreational facility.

(c)   Tobacco use shall be defined as ingestions of any product containing, made, or derived from tobacco or containing nicotine, whether synthetically produced or derived from any other source that is intended for human consumption.

(d)   E-cigarette use shall be defined as the ingestion of nicotine or other substances used in any electronic or battery-powered device/vaporizer that simulates tobacco smoking or vaping by producing an aerosol that resembles smoke, vapor or any component thereof.

(Ord. 17-887)

(a)   It shall be unlawful for any person to be under the influence of alcohol or drugs on any public sidewalk, street or highway or in any public place or building within the City to the extent that he or she poses a danger to himself or herself or others.

(b)   Violation of this section is an unclassified misdemeanor and shall be punishable by a fine not to exceed $200.00, a maximum of 10 days in jail or both such fine and imprisonment.

(Ord. 22-02)