City of Troy, Kansas                                  Created Jan 14, 2011

                                              CITY OF TROY, KANSAS

                                                 ORDINANCE NO. 713

AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF TROY, KANSAS; INCORPORATING BY REFERENCE THE "UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, EDITION OF 2019; AMENDING SECTION 13.1 OF THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, EDITION OF 2019; AND REPEALING ORDINANCE NO. 706 AND ALL OTHER ORDINANCES PREVIOUSLY ENACTED BY THE CITY OF TROY RELATIVE TO OFFENSES SPECIFICALLY SPOKEN TO IN THIS ORDINANCE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

SECTION 1.  There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Troy, Kansas, that certain code known as the "Uniform Public Offense Code", Edition of 2019, 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. 713", 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. Section 13.1 of the aforesaid Uniform Public Offense Code is hereby amended to provide as follows:

AAPPLICATION; KANSAS CRIMINAL CODE AND

LAWS, RULES AND REGULATIONS OF KANSAS

DEPARTMENT OF WILDLIFE AND PARKS.  The provisions                                         of the Kansas Criminal Code (K.S.A. Supp. 21-5101 through K.S.A. Supp.

21-6712 inclusive and amendments thereto)

and the provisions of K.S.A. 32-1011 declaring certain acts

to be unlawful, which are in their nature applicable

to the jurisdiction of the city and in respect to which no

special provision is made by ordinance of the City are

applicable to this Uniform Public Offense Code.@

SECTION 3.  ADDITION OF ARTICLE 14. The Uniform Public Offense Code for Kansas Cities is hereby supplemented by the addition of ARTICLE 14, DRUG OFFENSES and by adding the following sections thereto:

SECTION 14.1  POSSESSION OF DEPRESSANTS, STIMULANTS OR

HALLUCINOGENIC DRUGS OR OTHER SUBSTANCES.

(a)        Except as authorized by the Uniform Controlled Substances Act

under state law, it shall be unlawful for any person to possess or have under such person's control

(1)      Any depressant designated in subsection (e) of K.S.A. 65-­4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(2)      Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d) (2), (d) (4) or (f) (2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-­4109, and amendments thereto;

(3)      Any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4107 and amendments thereto or designated in subsection (g) of K.S.A. 65­4109 and amendments thereto;

(4)       any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto; or

(5)        any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.

(b)        It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

(c)        For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

(d)       Except as specified otherwise herein, the provisions of this section shall be in conformance with the provisions of the Uniform Controlled Substances Act under state law, and the definitions and other provisions of such act shall apply herein.

(e)        Any person who violates this ordinance shall be guilty of a Class A violation.

SECTION 14.2           USE OR POSSESSION OF SIMULATED CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA.

(a)        No person shall use or possess with intent to use:

(1)        Any simulated controlled substance;

(2)        Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act under state law;

(b)        Except as specified otherwise herein, the provisions of this section shall be in conformance with the provisions of the Uniform Controlled Substances Act under state law, and the definitions and other provisions of such act shall apply herein.

(c)        Any person who violates this ordinance shall be guilty of a Class A

violation.

Ordinance No. 706 of the City of Troy and all other ordinances heretofore adopted by the City of Troy, Kansas which speak to matters specifically addressed in this ordinance are hereby repealed and replaced with the provisions of this Ordinance.