(a) Criminal use of weapons is knowingly:
(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;
(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)
(a) Criminal carrying of a weapon is knowingly carrying:
(1) Any bludgeon, sandclub, metal knuckles or throwing star;
(2) Concealed on one’s person, a billy, blackjack, slingshot or any other dangerous or deadly weapon or instrument of like character; or
(3) On one’s person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;
(b) Subsection (a) 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 (b)(1), (b)(2) and (b)(3) to possess such weapons.
(c) Criminal carrying of a weapon is a Class A violation. (K.S.A. Supp. 21-6302)
(a) Failure to register explosives is, with no requirement of a culpable mental state, the omission by:
(1) The seller of any explosive or detonating substance, to keep a register of every sale or other disposition of such explosives made by the seller as required by this section; or
(2) any person to whom delivery of any quantity of explosive or other detonating substance is made, to acknowledge the receipt thereof by signing the person’s name in the register provided in subsection (c) on the page where the record of such delivery is entered.
(b) Failure to register explosives as defined in:
(1) Subsection (a)(1) is a Class B nonperson violation; and
(2) subsection (a)(2) is a Class C violation.
(c) The register of sales required by subsection (a)(1) shall contain the date of the sale or other disposition, the name, address, age and occupation of the person to whom the explosive is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what purpose it is to be used. Such register and record of sale or other disposition shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of not less than one year after the sale or other disposition. (K.S.A. 21-6311)
(a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.
(b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
(1) The firearm is discharged in the lawful defense of one’s person, another person or one’s property;
(2) The firearm is discharged at a private or public shooting range;
(3) The firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife and parks or the governing body of the city;
(4) The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife and parks;
(5) The firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;
(6) The firearm is discharged using blanks; or
(7) The firearm is discharged in lawful self-defense or defense of another person against an animal attack.
(c) Unlawful discharge of firearms is a Class B violation.
(K.S.A. Supp. 21-6308a)
(a) The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape.
(b) Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is a Class C violation.
The chief of police of the city or his or her duly authorized representative is hereby empowered to seize and hold any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of section 10.6 of this article, and is further empowered to seize and hold as evidence pending a hearing before a court of competent jurisdiction any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of Section 10.6.
(a) It shall be unlawful for any person to conspire to or aid and abet in the operation or discharging or causing to be operated or discharged any air gun, air rifle, bow and arrow, BB gun or slingshot except as provided in Section 10.6 within the city, whether individually or in connection with one or more persons or as principal, agent or accessory, and it is further unlawful for every parent or guardian of a minor child who willfully or knowingly permits or directs the operation or discharge of any air gun, air rifle, bow and arrow, BB gun or slingshot by such minor child within the city except as provided in Section 10.6 of this article.
(b) Violation of this section is a Class C violation.
(a) Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner.
(b) Carrying concealed explosives is a Class A violation. (K.S.A. Supp. 21-6312)
(a) Endangerment is recklessly exposing another person to a danger of great bodily harm or death.
(b) Endangerment is a Class A violation. (K.S.A. Supp. 21-5429)
(a) Creating a hazard is recklessly:
(1) Storing or abandoning, in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container;
(2) Being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located and failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals therefrom; or
(3) Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.
(K.S.A. Supp. 21-6318)
(b) Creating a hazard is a Class B violation.
(a) Unlawful failure to report a wound is, with no requirement of a culpable mental state, the failure by an attending physician or other person to report such person’s treatment of any of the following wounds, to the office of the chief of police of the city or the office of the sheriff of the county in which such treatment took place:
(1) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or
(2) Any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument.
(b) Unlawful failure to report a wound is a Class C violation. (K.S.A. Supp. 21-6319)
It shall be unlawful for any person to construct, set up or maintain any barbed wire or barbed wire fence or enclosure within the city.
Violation of this section is a Class C violation.
(a)
(1) No person born on or after January 1, 1989, shall operate on public waters of this city any motorboat or sailboat unless the person possesses a certificate of completion of an approved boater safety education course of instruction lawfully issued to such person as provided by K.S.A. 32-1101 et seq.
(2) No owner or person in possession of any motorboat or sailboat shall permit another person, who is subject to the requirements in subsection (a)(1), to operate such motorboat or sailboat unless such other person either:
(A) Has been lawfully issued a certificate of completion of an approved boater safety education course of instruction as provided by K.S.A. 32-1101 et seq.; or
(B) Is legally exempt from the requirements of subsection (a)(1).
(3) The requirement in subsection (a)(1), shall not apply to a person 21 years of age or older.
(4) The requirement in subsection (a)(1), shall not apply to a person operating a sailboat that does not have a motor and has an overall length of 16 feet, seven inches or less, while such person is enrolled in an instructor-led class.
(b) The requirement in subsection (a)(1) shall not apply to a person operating a motorboat or sailboat accompanied by and under the direct and audible supervision of a person over 17 years of age who either:
(1) Possesses a certificate of completion of an approved boater safety education course; or
(2) Is legally exempt from the requirements of subsection (a)(1).
(c) No person who is charged with a violation of subsection (a)(1) shall be convicted of the violation if such person produces in court or in the office of the arresting officer a certificate of completion of an approved boater safety education course of instruction lawfully issued to such person and valid at the time of such person’s arrest.
(d) As used in this section:
(1) Owner means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(2) Operate means to navigate or otherwise use a motorboat or a vessel.
(K.S.A. 32-1139)
(a) No person shall operate or attempt to operate any vessel within this city while:
(1) The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (b) of K.S.A. 32-1130, and amendments thereto, is .08 or more;
(2) The alcohol concentration in the person’s blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel is .08 or more;
(3) The alcohol concentration in the person’s blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel is .02 or more and the person is less than 21 years of age;
(4) Under the influence of alcohol to a degree that renders the person incapable of safely operating a vessel;
(5) Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating a vessel; or
(6) Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating a vessel.
(b) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.
(c) No person shall operate or attempt to operate any vessel within this state for three months after the date of refusal of submitting to a test if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and amendments thereto.
(d) Except as provided by subsection (e), violation of this section is a violation punishable:
(1) On the first conviction, by imprisonment of not more than one year or a fine of not less than $100 nor more than $500, or both; and
(2) On the second or a subsequent conviction, by imprisonment for not less than 90 days nor more than one year and, in the court’s discretion, a fine of not less than $100 nor more than $500.
(e) Subsection (d) shall not apply to or affect a person less than 21 years of age who submits to a breath or blood alcohol test requested pursuant to K.S.A. 32-1132 and amendments thereto, and produces a test result of an alcohol concentration of .02 or greater but less than .08. Such person’s boating privileges upon the first occurrence shall be suspended for 30 days and upon a second or subsequent occurrence shall be suspended for 90 days.
(f) In addition to any other penalties prescribed by law or rule and regulation, any person convicted of a violation of this section shall be required to satisfactorily complete a boater safety education course of instruction before such person subsequently operates or attempts to operate any vessel. (K.S.A. Supp. 32-1131)
(g) As used in this section, operate means to navigate or otherwise use a motorboat or a vessel.
(a) Recklessly throw, push, pitch or otherwise cast any rock, stone or other object, matter or thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock thereon;
(b) Violate subsection (a) and damage any vehicle, engine or car or any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, highway or railroad right-of-way by the thrown or cast rock, stone or other object.
(K.S.A. Supp. 21-5819)
Violation of subsection (a) is a Class B nonperson violation. Violation of subsection (b) is a Class A nonperson violation.
No person shall perform body piercing, cosmetic tattooing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing, cosmetic tattooing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given by a guardian, shall be retained by the person administering such body piercing, cosmetic tattooing or tattooing for a period of five years.
(K.S.A. 65-1953)
Violation of this section is a Class A violation.
(a) Every single-family residence shall have at least one smoke detector on every story of the dwelling unit.
(b) Every structure which:
(1) Contains more than one dwelling unit; or
(2) Contains at least one dwelling unit and is a mixed-use structure, shall contain at least one smoke detector at the uppermost ceiling of each interior stairwell and on every story in each dwelling unit.
(c) The owner of a structure shall supply and install all required smoke detectors. The owner of a structure shall test and maintain all smoke detectors except inside rental units, the occupant shall test and maintain all smoke detectors after taking possession of the dwelling unit.
(d) The smoke detectors required in dwelling units in existence on January 1, 1999, may either be battery-powered or wired into the structure’s electrical system, and need not be interconnected. The smoke detectors required in dwelling units constructed after January 1, 1999, shall be wired permanently into the structure’s electrical system.
(e) For purposes of this section, manufactured homes as defined in K.S.A. 58-4202, and amendments thereto, shall be subject to the federal, manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403 in lieu of the standards set forth herein. Owners and occupants of such manufactured homes shall be subject to the testing and maintenance standards for smoke detectors required under this section.
(f) Officials responsible for the enforcement of this section shall not enter a dwelling unit solely for the purpose of determining compliance with the provisions of this section except when:
(1) Conducting an inspection prior to the issuance of an occupancy permit or building permit;
(2) Responding to a report of a fire in a dwelling unit, except in cases of a false alarm; or
(3) Conducting, at the request of the owner or occupant, a home safety inspection.
(K.S.A. 31-162:163)
Failure to place or maintain a smoke detector shall be an unclassified violation. Any fine imposed for a violation of this section shall not exceed $25.
(a) Any person, firm or corporation who offers for sale, sells or distributes any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison through or by means of any vending machine or other mechanical device, or who uses any vending machine in or for the sale or distribution of any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison, shall be guilty of illegal sale of medicines and drugs through a vending machine.
(b) No nonprescription drugs shall be offered for sale or sold through a vending machine in anything other than the manufacturer’s original tamper-evident and expiration-dated packet. No more than 12 different nonprescription drug products shall be offered for sale or sold through any one vending machine. Any vending machine in which nonprescription drugs are offered for sale or sold shall be located so that the drugs stored in such vending machine are stored in accordance with drug manufacturer’s requirements. Drugs offered for sale or sold in such vending machine shall not be older than the manufacturer’s expiration date. Each vending machine through which nonprescription drugs are offered for sale or sold shall have an obvious and legible statement on the machine that identifies the owner of the machine, a toll- free telephone number at which the consumer may contact the owner of the machine, a statement advising the consumer to check the expiration date of the product before using the product and the telephone number of the state board of pharmacy. As used in this subsection, nonprescription drug does not include any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison.
(c) Any violation of this section constitutes an illegal sale of medicines and drugs through a vending machine and is a Class C violation and upon conviction, the violator shall be fined not less than $25 nor more than $500.
(a) Unlawfully obtaining a prescription-only drug is:
(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;
(2) Distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(3) Possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;
(4) Possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or
(5) Providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.
(b) As used in this section:
(1) Pharmacist, practitioner, mid- level practitioner and prescription- only drug shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.
(2) Prescription order means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription- only drug to be filled by a pharmacist. Prescription order does not mean a drug dispensed pursuant to such an order.
(3) Distribute means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. Distribute includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. Distribute does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act or otherwise authorized by law.
(4) Drug means:
(A) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
(B) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;
(C) Substances, other than food, intended to affect the structure or any function of the body of man or animals; and
(D) Substances intended for use as a component of any article specified in paragraph (1), (2) or (3). It does not include devices or their components, parts or accessories.
(c) The provisions of this section shall not be applicable to prosecutions involving prescription- only drugs which could be brought under K.S.A. 21-5705 or 21-5706 and amendments thereto.
(d) Unlawfully obtaining a prescription-only drug is a Class A violation for the first offense. (K.S.A. Supp. 21-5708)
{Editor’s Note: If that person has a prior conviction of under this section, K.S.A. 21-5708, K.S.A. 21-36a08, prior to its transfer, or K.S.A. 21-4214, prior to its repeal, under state law subsequent violations are considered a felony over which municipal courts have no jurisdiction. These violations should be referred to the appropriate prosecuting authority.}
(a) Selling beverage containers with detachable tabs is knowingly selling or offering for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.
(b) Selling beverage containers with detachable tabs is a Class C violation.
(c) As used in this section:
(1) Beverage container means any sealed can containing beer, cereal malt beverages, mineral waters, soda water and similar soft drinks so designated by the director of alcoholic beverage control, in liquid form and intended for human consumption; and
(2) In this state means within the exterior limits of the state of Kansas and includes all territory within these limits owned by or ceded to the United States of America. (K.S.A. 21-6320)
(a) It shall be unlawful for any person to knowingly:
(1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or
(2) Purchase, sell, or offer for sale an alcohol without liquid machine.
(b) Violation of this section is a Class A violation. (K.S.A. Supp. 21-6321)
Trafficking in counterfeit drugs is intentionally manufacturing, distributing, dispensing, selling, or delivering for consumption purposes, or holding or offering for sale, any counterfeit drug.
Trafficking in counterfeit drugs which have a retail value of less than $500 is a Class A violation. (K.S.A. Supp. 65-4167)
(a) It shall be unlawful, with no requirement of a culpable mental state, to smoke in an enclosed area or at a public meeting including, but not limited to:
(1) Public places;
(2) Taxicabs and limousines;
(3) Restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities;
(4) Restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests;
(5) Access points of all buildings and facilities not exempted pursuant to subsection (d); and
(6) Any place of employment.
(b) Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee.
(c) Notwithstanding any other provision of this section, 10.25 or 10.26, the proprietor or other person in charge of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a medical care facility, may designate a portion of such adult care home, or the licensed long-term care unit of such medical care facility, as a smoking area, and smoking may be permitted within such designated smoking area.
(d) The provisions of this section shall not apply to:
(1) The outdoor areas of any building or facility beyond the access points of such building or facility;
(2) Private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto;
(3) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%;
(4) The gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
(5) That portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to subsection (c) and that is fully enclosed and ventilated;
(6) That portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
(7) Tobacco shops;
(8) A Class A or Class B club defined in K.S.A. 41-2601, and amendments thereto, which (A) held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises; and
(9) A private club in designated areas where minors are prohibited.
(10) Any benefit cigar dinner or other cigar dinner of a substantially similar nature that:
(A) Is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation pursuant to Section 501(c)(3) of the federal internal revenue code of 1986;
(B) Is conducted no more than once per calendar year by such organization; and
(C) Has been held during each of the previous three years prior to January 1, 2011; and
(11) That portion of a medical or clinical research facility constituting a separately ventilated, secure smoking room dedicated and used solely and exclusively for clinical research activities conducted in accordance with regulatory authority of the United States or the state of Kansas, as determined by the director of alcoholic beverage control of the department of revenue.
(K.S.A. Supp. 21-6110)
The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law.
(K.S.A. Supp. 21-6111)
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to fail to comply with all or any of the provisions of sections 10.24 through 10.26.
(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, to allow smoking to occur where prohibited by law. Any such person shall be deemed to allow smoking to occur under this subsection if such person:
(1) Has knowledge that smoking is occurring; and
(2) Recklessly permits smoking under the totality of the circumstances.
(c) It shall be unlawful for any person, with no requirement of a culpable mental state, to smoke in any area where smoking is prohibited by the provisions of 10.24.
(d) Any person who violates any provision of sections 10.24 through 10.26, shall be guilty of a cigarette or tobacco infraction punishable by a fine:
(1) Not exceeding $100 for the first violation;
(2) Not exceeding $200 for a second violation within a one year period after the first violation; or
(3) Not exceeding $500 for a third or subsequent violation within a one year period after the first violation.
For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.
(e) Each individual allowed to smoke by a person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited, in violation of subsection (b) shall be considered a separate violation for purposes of determining the number of violations under subsection (d).
(f) No employer shall discharge, refuse to hire or take any other adverse action against an employee, applicant for employment or customer with the intent to retaliate against that employee, applicant or customer for reporting or attempting to prosecute a violation of any of the provisions of sections 10.24 through 10.26.
(K.S.A. Supp. 21-6112)
(a) It shall be unlawful for an owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity as defined in K.S.A. 44-1601 and amendments thereto, to knowingly operate, or cause to be operated, any amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity without a valid permit issued by the State of Kansas.
(b) Violation of this section is a Class B violation. (K.S.A. Supp. 44-1610).
(a) Endangering the food supply is knowingly:
(1) Bringing into this state any domestic animal which is infected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease;
(2) exposing any animal in this state to any contagious or infectious disease;
(3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or
(4) exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease.
(b) As used in this section:
(1) “Animal feed” means an article which is intended for use for food for animals other than humans and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal;
(2) “contagious or infectious disease” means any disease which can be spread from one subject to another by direct or indirect contact or by an intermediate agent, including, but not limited to, anthrax, all species of brucellosis, equine infectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid, psittacosis, viscerotropic velogenic Newcastle disease, foot-and-mouth disease, rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne’s disease, scabies, scrapies, bovine leukosis and bovine spongiform encephalopathy;
(3) “processed food” means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration or milling; and
(4) “raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
(c) Endangering the food supply is a Class A violation except if the contagious or infectious disease is food- and-mouth disease in which class it is classified as a felony under state law and will be referred to the appropriate prosecuting authority. (K.S.A. 21-6317)
(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.
(a) Operating an aircraft under the influence is operating or attempting to operate any aircraft within this state while:
(1) The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, is 0.04 or more;
(2) the alcohol concentration in the person’s blood or breath, as measured within four hours of the time of operating or attempting to operate an aircraft, is 0.04 or more;
(3) under the influence of alcohol to a degree that renders the person incapable of safely operating an aircraft;
(4) under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating an aircraft; or
(5) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating an aircraft.
(b) (1) Operating an aircraft under the influence is an Class A nonperson violation.
(A) On a first conviction, the person convicted shall be sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in the court’s discretion 100 hours of public service, and fined not less than $750.
(B) On second or subsequent conviction, the person convicted shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,250. The following conditions shall apply to such sentence:
(i) As a condition of any probation granted under this subsection, the person shall serve at least 120 hours of confinement. The hours of confinement shall include at least 48 hours of imprisonment and otherwise may be served by a combination of: Imprisonment; a work release program, if such work release program requires such person to return to the confinement at the end of each day in the work release program; or a house arrest program; and
(ii) (a) if the person is placed into a work release program or placed under a house arrest program for any portion of the minimum of 120 hours of confinement mandated by this subsection, the person shall receive hour-for-hour credit for time served in such program until the minimum sentence is met. If the person is placed into a work release program or placed under a house arrest program for more than the minimum of 120 hours of confinement mandated by this subsection, the person shall receive hour-for-hour credit for time served in such program until the minimum of 120 hours of confinement is completed, and thereafter, the person shall receive day-for-day credit for time served in such program unless otherwise ordered by the court; and
(b) when in a work release program, the person shall only be given credit for the time served in confinement at the end of and continuing to the beginning of the person’s work day. When under a house arrest program, the person shall be monitored by an electronic monitoring device that verifies the person’s location and shall only be given credit for the time served within the boundaries of the person’s residence.
(2) As part of the judgment of conviction, the court shall order the person convicted not to operate an aircraft for any purpose for a period of six months from the date of final discharge from the county jail, or the date of payment or satisfaction of such fine, whichever is later or one year from such date on a second conviction. If the court suspends the sentence and places the person on probation as provided by law, the court shall order as one of the conditions of probation that such person not operate an aircraft for any purpose for a period of 30 days from the date of the order on a first conviction or 60 days from the date of the order on a second conviction.
(3) For the purpose of determining whether an occurrence is a first, second or subsequent occurrence:
(A) “Conviction” includes entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging commission of a crime described in subsection (a); and
(B) it is irrelevant whether an offense occurred before or after conviction or diversion for a previous offense.
(c) If a person is charged with a violation of subsection (a)(4) or (a)(5), the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.
(K.S.A. 3-1006)
(a) A law enforcement officer may request a person who is operating or attempting to operate an aircraft within this state to submit to a preliminary screening test of the person’s breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate an aircraft while under the influence of alcohol or drugs, or a combination of alcohol and any drug or drugs.
(b) If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 3-1007, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of an aircraft except to aid the court in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 3-1007, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 3-1007, and amendments thereto.
(c) Any preliminary screening of a person’s breath shall be conducted with a device approved pursuant to K.S.A. 65-1,107, and amendments thereto. Any preliminary screening of a person’s oral fluid shall be conducted in accordance with rules and regulations, if any, approved pursuant to K.S.A. 75-712h, and amendments thereto. (K.S.A. 3-1008)
As used in Sections 10.30 through 10.30.2 and amendments thereto:
(a) Alcohol concentration means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.
(b) Drug includes toxic vapors as such term is defined in K.S.A. 2021 Supp. 21-5712, and amendments thereto.
(c) Imprisonment includes any restrained environment in which the court and law enforcement agency intend to retain custody and control of a defendant and such environment has been approved by the board of county commissioners or the governing body of a city.
(d) Law enforcement officer means the same as in K.S.A. 2021 Supp. 21-5111, and amendments thereto, and includes any person authorized by law to make an arrest on a military reservation for an act which would constitute a violation of section 1, and amendments thereto, if committed off a military reservation in this state.
(e) Other competent evidence includes:
(1) Alcohol concentration tests obtained from samples taken four hours or more after the operation or attempted operation of an aircraft; and
(2) readings obtained from a partial alcohol concentration test on a breath testing machine.
(K.S.A. 3-1009)