City Commission

City of Hays Office of the City Manager Memo To: City Commission From: Toby Dougherty, City Manager Date: 9-28-2020 Re: October 1, 2020 Work Session Please find the attached agenda and supporting documentation for the October 1, 2020 Work Session. Item 2 – 2020 Uniform Public Offense Code (UPOC)/2020 Standard Traffic Ordinance (STO) Please refer to the attached memorandum from Chief Scheibler regarding the UPOC and STO. After the legislative session is complete, and the League of Kansas Municipalities codifies, the Commission adopts the UPOC and STO. aw  CITY OF HAYS CITY COMMISSION WORK SESSION CITY HALL, 1507 MAIN STREET, HAYS, KS THURSDAY, OCTOBER 1, 2020 – 6:30 P.M. AGENDA 1. September 3, 2020 Work Session Notes (PAGE 1) Department Head Responsible: Kim Rupp, Director of Finance 2. 2020 Uniform Public Offense Code/2020 Standard Traffic Ordinance (PAGE 5) Department Head Responsible: Don Scheibler, Chief of Police 3. Other Items for Discussion 4. Executive Session (if required) 5. Adjournment ANY PERSON WITH A DISABILITY NEEDING SPECIAL ACCOMMODATIONS TO ATTEND THIS MEETING SHOULD CONTACT THE CITY MANAGER'S OFFICE 48 HOURS PRIOR TO THE SCHEDULED MEETING TIME. EVERY ATTEMPT WILL BE MADE TO ACCOMMODATE ANY REQUESTS FOR ASSISTANCE.  City of Hays City Commission Work Session Notes Thursday, September 3, 2020 – 6:30 p.m. Present: Shaun Musil, Sandy Jacobs, Mason Ruder, Michael Berges, Ron Mellick, Toby Dougherty, Kim Rupp, and John T. Bird August 6, 2020 Work Session Notes There were no corrections or additions to the minutes of the work session held on August 6, 2020; the minutes stand approved as presented. Rezoning of Ellis County Property in the 1500 Block of 240th Avenue from Agriculture “A-L” to Public and Institutional District “P-I” Jesse Rohr, Director of Public Works, stated an application has been submitted by Ellis County to request a change in zoning from “A-L” Agriculture to “P-I” Public and Institutional District for property within the 1500 Block of 240th Avenue. Ellis County is also the owner of the adjacent property to the south, which is the Ellis County Landfill, that is zoned “P-I”. The property will continue to use rural water and private sewer utilities as needed. The Planning Commission approved the zoning request at their August 17, 2020 meeting by a vote of 6-0. Staff is in favor of this request due to the zoning of adjacent property and compatible uses in the area. Commissioner Ruder stated because he is an employee of Ellis County, he will recuse himself from this discussion. Commissioner Berges asked why this is coming before the City Commission for approval since it is outside the City limits. Mr. Rohr stated because this property falls within our Extraterritorial Jurisdiction (ETJ) the County gives the City approval authority within that three-mile radius. He added that any request for changes within that jurisdiction goes through the Hays Area Planning Commission and on to the City Commission for approval. 1  At the September 24, 2020 Commission meeting, Commissioners will be asked to adopt an Ordinance approving the change in zoning from “A-L” Agriculture to “P-I” Public and Institutional District for property along the 1500 Block of 240th Avenue. Stormwater Retention Mitigation Project Jesse Rohr, Director of Public Works, stated MAO Investments, LLC, Mark Ottley, Managing Member, is the owner of property north of I-70 and west of Vine Street, near the site of the Hilton Garden Inn and Convention Center. The site is a potential location for a stormwater retention project that would benefit downstream areas within the City. The potential project would construct a stormwater retention area North of I-70 in the Lincoln Draw watershed. It would contain approximately 170,000 cubic feet of storage beyond what is required for development and would serve as both a water quantity and water quality Best Management Practice (BMP) which is a requirement of the MS-4 Permit from Kansas Department of Health and Environment (KDHE). Mr. Ottley has agreed to construct the drainage retention area with extra capacity to benefit the City by providing additional stormwater retention and reductions to the rate of water flowing into the Lincoln Draw channel. Staff recommends approving the drafted agreement allowing for the expenditure of $130,000 of Stormwater Reserve funds for the construction of the stormwater retention facility on the Ottley property as described within the agreement. In 2016, with the development of the Tebo Village property, a payment was made by the developer to the City in lieu of on-site stormwater retention improvements. The City agreed to utilize those funds to make off-site upgrades to the City’s stormwater sewer system that would have a greater impact than the private on-site improvements would have made. A total fee of $222,324 was paid to the City and set aside in the Stormwater Reserve Fund for future stormwater mitigation projects with an emphasis on stormwater quality. At the September 10, 2020 Commission meeting, Commissioners will be asked to authorize the City Manager to execute an agreement between the City 2 of Hays and MAO Investments, LLC to allow for the expenditure of $130,000 in Stormwater Reserve funds for the construction of a stormwater retention facility. Other Items for Discussion Commissioner Berges stated when the Commission revisits the face mask ordinance again in a month he would like to see criteria that can be conveyed to the public regarding Covid-19. Commissioner Mellick thanked City Attorney, John T. Bird, for the limestone locomotive that he donated to the City of Hays. The train sculpture was carved by renowned local artist Pete Felten and recently installed in the Downtown Hays Pavilion. He also reminded everyone that the Coronavirus is not taking the weekend off and asked citizens to make good decisions. Mayor Musil thanked the community for the donations made to provide face masks to students throughout Hays. The work session was adjourned at 6:50 p.m. Submitted by: ______________________________________________ Brenda Kitchen – City Clerk 3 4  Commission Work Session Agenda Memo From: Don Scheibler, Chief of Police Work Session: October 1, 2020 Subject: 2020 Uniform Public Offense Code 2020 Standard Traffic Ordinance Person(s) Responsible: Don Scheibler, Chief of Police Summary The City Commission is being asked to adopt by ordinance, the updated 2020 Uniform Public Offense Code for Kansas Cities (UPOC) and the updated 2020 Standard Traffic Ordinance for Kansas Cities (STO) for use within the City of Hays. The ordinances and any changes to the UPOC and the STO are presented to the Commission annually. It is the recommendation of city staff that the Commission approve the ordinances adopting the 2020 versions of the UPOC and STO. Background The League of Kansas Municipalities (LKM) publishes a revised version of the Uniform Public Offense Code for Kansas Cities and the Standard Traffic Ordinance for Kansas Cities on a yearly basis. These publications are made available for purchase by municipalities. The municipalities may adopt these two sets of ordinances for their use. These ordinances contain the most current legislative changes and updates put into place annually by the Kansas Legislature. Discussion Due to the shortened legislative session caused by the COVID-19 pandemic, there were limited changes to the 2020 Uniform Public Offense Code for Kansas Cities and there were no changes to the 2020 Standard Traffic Ordinance for Kansas Cities. A handout has been prepared by staff, listing the ordinances that have been changed with a brief outline of the changes. Some of the changes and additions to the 2020 UPOC include the following: New Law in the UPOC Sec. 10.29 Violation of a Public Health Order – This is a new section that was added as a result of the COVID-19 pandemic. This section makes it a Class C misdemeanor to violate, refuse, or fail to comply with a written order from the County Health Officer, Board of Health, or Director of Health issued under their respective authorities. This section was added to mirror ordinances adopted in several cities during the COVID-19 5 pandemic as a mechanism for enforcement of county health orders through municipal court. Changes to the UPOC Sec. 5.7 Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor – Changes to this section prohibits any person from selling tobacco products to a person under the age of 21, previously the age requirement was 18. On December 20, 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act. The act made it illegal for a retailer to sell any tobacco products to anyone under the age of 21. While Kansas has not raised the smoking age under state law, the League made the decision to change the purchasing age of cigarettes to 21 to match federal law. UPOC Changes Relating to Firearms The following sections relating to firearms codes were amended or deleted from the UPOC to comply with Kansas State Law (K.S.A. 12-16,124) that prohibits a city from adopting any ordinance governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carry, transporting or taxations of firearms or ammunition. Sec. 10.1 Criminal Use of a Weapon – Subsections (a) 4-10, (d), (e), (f) were deleted from this section. Sec. 10.1.1 Criminal Carrying of a Weapon – Subsection (a) (4) was deleted from this section. Sec. 10.2 Possession of a Firearm under the Influence – This entire section was deleted. Sec. 10.3 Criminal Distribution of a Firearm to a Felon - This entire section was deleted. These acts are still violations of State law and violators can be charged in district court. These changes only prohibit the City from prosecuting these violations in municipal court. A handout has been prepared by staff noting these and other changes to the UPOC. Changes to the STO Due to the shortened legislative session, there were no changes to the 2020 Standard Traffic Ordinance for Kansas Cities. Legal Consideration There are no known legal obstacles to proceeding as recommended by City Staff. Financial Consideration There are no financial considerations. 6  Options The City Commission has the following options: • Approve the ordinances adopting the 2020 versions of the UPOC and STO. • Not approve the ordinances adopting the 2020 revisions and continue to use the current (2019) versions of the UPOC and STO. Recommendation It is the recommendation of city staff that the Commission approve the ordinances adopting the 2020 versions of the Uniformed Public Offense Code and Standard Traffic Ordinances. Action Requested Approve the ordinances adopting the 2020 versions of the Uniformed Public Offense Code and Standard Traffic Ordinance for use in the City of Hays. Supporting Documentation List of additions or changes made in the 2020 UPOC and STO Draft ordinances adopting the 2020 UPOC and STO for use in the City of Hays 7  OVERVIEW OF CHANGES TO THE 2020 UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES Brief outline of changes made to ordinance Words Added Words Deleted Sec 1.1 Definitions. (page 11) Added definition of Explosives. Explosives. Any chemical compound, mixture or device, of which the primary purpose is to function by explosion, and includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. (K.S.A. 21-6312(e)) 5.7. Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor. (pages 49-50) Changed the age from 18 years of age to 21 years of age throughout the section. 5.7. Selling, Giving or Furnishing Cigarettes or Tobacco Products to a Minor. (a) It shall be unlawful for any person to: (1) Sell, furnish or distribute cigarettes, electronic cigarettes, or tobacco products to any person under 18 21 years of age; or (2) Buy any cigarettes, electronic cigarettes, or tobacco products for any person under 18 21 years of age. (b) It shall be a defense to a prosecution under this section if: (1) The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples; (2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person under 18 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes or tobacco products; and (3) To purchase or receive the cigarettes, electronic cigarettes, or tobacco products, the person under 18 21 years of age exhibited to the defendant a driver’s license, Kansas non 8  driver’s identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products. (4) For purposes of this section the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 18 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both. (c) It shall be a defense to a prosecution under this subsection if: (1) The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and (2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that the person was 18 21 or more years of age. (d) As used in this section, sale means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration. (e) Violation of this section shall constitute a Class B violation punishable by a minimum fine of $200. (K.S.A. 79-3302, 79- 3321:79-3322) 6.24. Commercial Fossil Hunting. (pages 78-79) Corrected the section number from 6.2 to 6.24. 6.24. Commercial Fossil Hunting. (a) It is unlawful for any commercial fossil hunter to: (1) Go upon the land of another in search of fossils unless the commercial fossil hunter has obtained the written authorization of the landowner to go upon such land for such purpose and when requesting such written authorization has identified oneself to the landowner as a commercial fossil hunter who intends to explore the land and sell any fossils of value found 9  on the land. The written authorization shall state that the landowner has been informed of such intended activities by the commercial fossil hunter; or (2) Remove a fossil from the land of another upon which the fossil is located unless the landowner is first provided with a description of the fossil and the landowner authorizes in writing the removal of the fossil. (b) (1) Violation of subsection (a)(1) is a Class B nonperson Violation. (2) Violation of subsection (a)(2) is a Class A nonperson Misdemeanor. (c) As used in this section: (1) Commercial fossil hunter means an individual who goes upon the land of another in search of fossils with the intent to sell fossils of value found upon such land; (2) Fossil means any impression or trace of an animal or plant of a past geological age preserved in the earth’s crust; (3) Landowner means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner; and (4) Land of another means all real estate other than that owned or leased by any governmental entity or the commercial fossil hunter. (d) This section is supplemental to and not in lieu of any other ordinance of this city or law of this state relating to entering or remaining upon the land of another and relating to the removal of items of value from the property of another. (e) It shall not be a defense that the person did not know or have reason to know that such person was on the landowner’s property. (K.S.A. 21-5811) 10.1. Criminal Use of Weapons. (pages 106-107) Deleted subsections (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9) and (a)(10). Updated language in subsection (b). Deleted subsection (d) and all subsections. Deleted subsection (e). Deleted subsection (f) and all subsections. 10.1. Criminal Use of Weapons. (a) Criminal use of weapons is knowingly: 10  (1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club, or metal knuckles; (2) Possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, throwing star, stiletto or any other dangerous or deadly weapon or instrument of like character; (3) Setting a spring gun; (4) Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel; (5) Selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance; (6) Selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59- 29b46, and amendments thereto; (7) Possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance; (8) Possessing any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds; (9) Refusing to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer; (10) Possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age. (b) Criminal use of weapons as defined in: (1) Subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(9) is a Class A violation; (2) Subsection (a)(7) or (a)(8) is a Class B violation; 11  (3) Subsection (a)(10) is a Class A violation on a first offense. (b) is a Class A violation; (c) Subsections (a)(1) and (a)(2) shall not apply to: (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; (3) Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or (4) The manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons. (K.S.A. 21-6301) (d) Subsection (a)(8) shall not apply to: (1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school; (2) Possession of any firearm specifically authorized in writing by the superintendent of any unified school district of the chief administrator of any accredited nonpublic school; (3) Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person’s behalf who is delivering or collecting a student; (4) Possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or (5) Possession of a concealed handgun by an individual who is not prohibited from possessing a firearm under either federal or state law. (e) Subsection (a)(6) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. (f) Subsection (a)(10) shall not apply if such person, less than 18 years of age, was: 12  (1) In attendance at a hunter’s safety course or a firearms safety course; (2) Engaging in practice in the use of such firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located, or at another private range with permission of such person’s parent or legal guardian; (3) Engaging in an organized competition involving the use of such firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of such performance; (4) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto; (5) Traveling with any such firearm in such person’s possession being unloaded to or from any activity described in subsections (f)(1) through (f)(4), only if such firearm is secured, unloaded and outside the immediate access of such person; (6) On real property under the control of such person’s parent, legal guardian or grandparent and who has the permission of such parent, legal guardian or grandparent to possess such firearm; or (7) At such person’s residence and who, with the permission of such person’s parent or legal guardian, possesses such firearm for the purpose of exercising the rights contained in K.S.A. 21- 5222, 21-5223 or 21-5225, and amendments thereto. (K.S.A. 21-6301) 10.2. Possession of a Firearm Under the Influence. (page 108) Deleted the entire section. 10.2. Possession of a Firearm Under the Influence. (a) Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person’s immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm. (b) Possession of a firearm under the influence is a class A nonperson violation. (c) This section shall not apply to: 13  (1) A person who possesses or carries a firearm while in such person’s own dwelling or place of business or on land owned or possessed by such person; or (2) the transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary. (d) If probable cause exists for a law enforcement officer to believe a person is in possession of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer shall request such person submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. The selection of the test or tests shall be made by the officer. (e) (1) If a law enforcement officer requests a person to submit to a test of blood under this section, the withdrawal of blood at the direction of the officer may be performed only by: (A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed person; (B) a registered nurse or a licensed practical nurse; (C) any qualified medical technician, including, but not limited to, an emergency medical technician=intermediate, mobile intensive care technician, an emergency medical technician- intermediate/defibrillator, an advanced emergency medical technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and amendments thereto, authorized by medical protocol; or (D) a phlebotomist. (2) A law enforcement officer may direct a medical professional described in this subsection to draw a sample of blood from a person if the person has given consent or upon meeting the requirements of subsection (d). (3) When so directed by a law enforcement officer through a written statement, the medical professional shall withdraw the sample as soon as practical and shall deliver the sample to the law enforcement officer or another law enforcement officer as directed by the requesting law enforcement officer as soon as practical, provided the collection of the sample does not jeopardize the person’s life, cause serious injury to the person or seriously impede the person’s medical assessment, care or 14  treatment. The medical professional authorized herein to withdraw the blood and the medical care facility where the blood is drawn may act on good faith that the requirements have been met or directing the withdrawing of blood once presented with the written statement provided for under this subsection. The medical professional shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to withdraw blood and the medical care facility shall not be liable in any action alleging lack of consent or lack of informed consent. (4) Such sample or samples shall be an independent sample and not be a portion of a sample collected for medical purposes. The person collecting the blood sample shall complete the collection potion of a document provided by law enforcement. (5) If a sample is to be taken under authority of a search warrant, and the person must be restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices. The restraint shall be effective in controlling the person in a manner not to jeopardize the person’s safety or that of the medical professional or attending medical or health care staff during the drawing of the sample and without interfering with medical treatment. (6) A law enforcement officer may request a urine sample upon meeting the requirements of subsection (d). (7) If a law enforcement officer requests a person to submit to a test of urine under this section, the collection of the urine sample shall be supervised by: (A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed person; (B) a registered nurse or a licensed practical nurse; or (C) a law enforcement officer of the same sex as the person being tested. The collection of the urine sample shall be conducted out of the view of any person other than the persons supervising the collection of the sample and the person being tested, unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug presence shall be admissible in evidence and questions of accuracy or reliability shall go to the weight rather than the admissibility of the evidence. If the person is medically unable to provide a urine sample in such manner due to the injuries or treatment of the injuries, the same 15  authorization and procedure as used for the collection of blood in paragraphs (2) and (3) shall apply to the collection of a urine sample. (8) The person performing or assisting in the performance of any such test and the law enforcement officer requesting any such test who is acting in accordance with this section shall not be liable in any civil and criminal proceeding involving the action. (f) (1) The person’s refusal shall be admissible in evidence against the person at any trial on a charge arising out of possession of a firearm under the influence of alcohol or drugs, or both. (2) Failure of a person to provide an adequate breath sample or samples as directed shall constitute a refusal unless the person shows that the failure was due to physical inability caused by a medical condition unrelated to any ingested alcohol or drugs. (3) In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this section, a civil penalty not exceeding $1,000 for each violation. (g) If a person who holds a valid license to carry a concealed handgun issued pursuant to K.S.A. 75-7c01 et seq., and amendments thereto, is convicted of a violation of this section, such person’s license to carry a concealed handgun shall be revoked for a minimum of one year for a first offense and three years for a second or subsequent offense. (h) In any criminal prosecution for possession of a firearm under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant’s blood, urine, breath or other bodily substance may be admitted and shall give rise to the following: (1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or drugs, or both. (2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol. (3) If there was present in the defendant’s bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of alcohol or drugs, or both. 16 (i) The provisions of subsection (h) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both. (j) Upon the request of any person submitting to testing under this section, a report of the results of the testing shall be made available to such person. (K.S.A. 21-6332) 10.3. Criminal Distribution of Firearms to a Felon. (page 108) Deleted the entire section. 10.3. Criminal Distribution of Firearms to a Felon. (a) Criminal distribution of firearms to a felon is knowingly: (1) Selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in the subsection (b), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony; (2) Selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of felony to which this subsection applies, but was not found to have been in possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony; or (3) Selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the felony. (b) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402, 21- 5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) or (b) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807, and amendments thereto, K.S.A. 21-5705 or 21-5706, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 17  21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b or 65-4160 through 65-4165, prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony. (c) It is not a defense that the distributor did not know or have reason to know: (1) The precise felony the recipient committed; (2) That the recipient was in possession of a firearm at the time of the commission of the recipient’s prior felony; or (3) That the convictions for such felony have not been expunged or pardoned. (d) Criminal distribution of firearms to a felon is a Class A violation. (K.S.A. 21-6303) 10.29. Violation of a Public Health Order. (page 126) Added as a new section. 10.29. Violation of a Public Health Order. (a) It shall be unlawful for any person to violate, refuse, or fail to comply with, a written order of the County Health Officer, Board of Health, or Director of Health issued under their respective authorities. (b) A violation of this section is a Class C violation. 18  OVERVIEW OF CHANGES TO THE 2020 STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES Brief outline of changes made to ordinance Words Added Words Deleted Due to the shortened legislative session, there were no changes to the 2020 Standard Traffic Ordinance for Kansas Cities. 19  ORDINANCE NO.__________ AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF HAYS, KANSAS, INCORPORATING BY REFERENCE “THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES," EDITION OF 2020, AND REPEALING ORDINANCE NO. 3967 OF THE CODE OF ORDINANCES OF THE CITY OF HAYS, KANSAS, AS PASSED ON AUGUST 22, 2019. __________________________________________________________________ BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS: Section 1. INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Hays, Kansas, that certain code known as “The Uniform Public Offense Code," Edition of 2020, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. ______," and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. Section 2. REPEAL. Ordinance No. 3967, adopted August 22, 2019, is hereby repealed. Section 3. EFFECTIVE DATE. This ordinance shall take effect upon its publication on the City of Hays Website, the official city news outlet publication for the City of Hays. PASSED by the Commission the _______ day of October, 2020. APPROVED AND SIGNED by the Mayor this ______ day of October, 2020. ______________________________ SHAUN MUSIL Mayor ATTEST: ______________________________ BRENDA KITCHEN City Clerk (SEAL) 20  ORDINANCE NO.__________ AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF HAYS, KANSAS, INCORPORATING BY REFERENCE “THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 2020, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 3968 OF THE CODE OF ORDINANCES OF THE CITY OF HAYS, KANSAS, AS PASSED ON AUGUST 22, 2019. _________________________________________________________________ BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS: Section 1. INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Hays, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, Edition of 2020, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts of portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped "Official Copy as Adopted By Ordinance No.______", 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 this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient. Section 2. TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES. (a) An ordinance traffic infraction is a violation of any section of this ordinance that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118. (b) All traffic violations which are included within this ordinance and which are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses. Section 3. PENALTY FOR SCHEDULED FINES. The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than -0- nor more than $2,500.00. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed $2,500.00. Section 4. REPEAL. Ordinance No. 3968, as passed on August 22, 2019, is hereby repealed. 21 Section 5. EFFECTIVE DATE. This ordinance shall take effect upon its publication on the City of Hays Website, the official city news outlet publication for the City of Hays. PASSED by the Commission the _______ day of October, 2020. APPROVED AND SIGNED by the Mayor this _____ day of October, 2020. SHAUN MUSIL Mayor ATTEST: ______________________________ BRENDA KITCHEN City Clerk 22