CHAPTER 10. PUBLIC OFFENSESCHAPTER 10. PUBLIC OFFENSES\Article 2. Local Provisions

A curfew applicable to minors is established and shall be enforced as follows:

(a)   It shall be unlawful for any person under the age of 18 years to congregate, loiter, wander, stroll, stand, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the city of La Cygne, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 12:00 a.m. and 6:00 a.m. of the following day, official city time, unless accompanied by his or her parent, guardian or other adult person having his or her care, custody or control, EXCEPT that this restriction shall not apply to any minor who is traveling between his home or place of residence and the place where any approved place of employment, church, municipal or school function is being held.

(b)   It shall be unlawful for the parent, guardian or other adult person having the care and custody of a person under the age of 18 years to suffer or permit or by the inefficient control to allow such person to congregate, loiter, wander, stroll, stand, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusements and entertainment, vacant lots or any public places in the city of La Cygne between the hours of 12:00 a.m. and 6:00 a.m. of the following day, official city time, unless said person under the age of 18 years is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control; providing that any parent, guardian or other adult person herein who shall have made a missing person notification to the police department shall not be considered to have suffered or permitted any person to be in violation of this section.

(c)   It is unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated by them within the curfew hours set by subsection (a) unless said minor is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.

(d)   Any law enforcement officer of this city while on duty is hereby empowered to arrest any minor who violates these provisions. Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor and the curfew complaint shall be referred to the District Court.

(e)   Any person, firm or corporation violating any of the provisions of this section upon conviction thereof, shall be fined an amount as set in the city’s fee resolution, and in default of payment thereof, shall be confined in the County jail not more than twenty (20) days.

(Ord. 1192; Code 2017)

It shall be unlawful for any person to have possession or exercise control over any kind of eggs while on or in any public area including but not limited to streets, highways, roads, parks and parking lots within the City of La Cygne, Kansas. Further, it shall be unlawful to throw or project such eggs onto any such public area or any person or property located or traveling on such public area or roadway. The provisions of this section shall apply to the following calendar days beginning and ending at the times specified: Beginning 12 a.m. on October 29 to 12 a.m. on November 2 of each year.

(Code 1988)

(a)   It shall be unlawful for any person to knowingly or intentionally appear in a state of nudity in a public place.

(b)   Nudity - means the showing of the human male or female: genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast which simulates and gives the realistic appearance of nipples and/or areola.

(c)   Public Place - means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence whether permanent or temporary in nature shall not be deemed a public place unless in an outdoor area on the property. Public place shall not include enclosed single-sex public restrooms, enclosed single-sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, spa and/or massage therapist rooms, doctor’s offices, portions of hospitals, physical therapy offices, aesthetician office and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by:

(1)   A proprietary school, licensed by the State; a college, junior college or university supported entirely or partly by taxation; or

(2)   A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.

(d)   The prohibition set forth in subsection (a) shall not apply to:

(1)   Any child under ten (10) years of age; or

(2)   Any individual exposing a breast in the process of breastfeeding an infant under three (3) years of age.

(3)   Any theatrical production performed in a theater by a professional or amateur theatrical or musical company which has serious artistic merit.

Public Indecency is a Class B Offense.

(Ord. 1483)

It is unlawful for any person to urinate or defecate upon any street, highway, alley, or upon the premises of any public place or building, or upon any private property in open view of any person, except if such public place, building or private property has been designated and designed as a restroom, lavatory or water closet. Urination in public is a Class C Public Offense.

(Ord. 1483)