ARTICLE 1. UNIFORM OFFENSE CODE

11-101. 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 Tonganoxie, Kansas, that certain code known as the Uniform Public Offense Code for Kansas Cities, 38th Edition (the “UPOC”), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter changed. One official copy of the UPOC shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1508,” with all sections or portions thereof intended to be changed clearly marked to show any such change and to which shall be attached a copy of Ordinance No. 1508, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal court judge, and all administrative departments of the city charged with enforcement of the UPOC shall be supplied, at the cost of the city, such number of official copies of the UPOC similarly marked as may be deemed expedient.

(Ord. 1508, Sec. 1)

11-102. SAME; AMENDMENTS.

Section 9.9.2 of the UPOC is hereby changed to read as follows:

Sec. 9.9.2. Possession of drug paraphernalia and certain drug precursors.

(a)    No person shall use or possess with intent to use any drug paraphernalia, as designated in K.S.A. 21-5701 (as may be amended), 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, K.S.A. 65-4101 et seq. (as may be amended).

(b)    No person shall purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than 9 grams of pseudoephedrine base or ephedrine base within any thirty (30) day period.

(c)    No person shall distribute, possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 21-5706 (as may be amended).

(d)    No person shall use or possess with the intent to use any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance.

(e)    Penalty.

(1)    Violation of subsection (a) is a Class B violation.

(2)    Violation of subsection (b) is a Class A violation.

(3)    Violation of subsection (c) is a Class A violation.

(4)    Violation of subsection (d) is a Class A violation.

(f)    In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:

(1)    Statements of the owner or person in control of an object concerning its use;

(2)    Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;

(3)    The proximity of the object to controlled substances;

(4)    The existence of any residue of controlled substances on the object;

(5)    Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. (as may be amended). The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia;

(6)    Oral or written instructions provided with the object concerning its use;

(7)    Descriptive materials accompanying the object which explain or depict its use;

(8)    National and local advertising concerning the object’s use; and

(9)    The method and manner in which the object is displayed for sale, if applicable.

(K.S.A. 21-5709 to -5711, as may be amended).

(Ord. 1508, Sec. 1)