CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

(a)   Curfew; application.

(1)   It shall be unlawful for any person under 18 years of age to loiter, lounge, loaf, wander, or play in or upon any public street, alley, public park, square or municipal parking lot or any sidewalk appurtenant thereto within the city after the hour of 11:00 p.m. and before the hour of 6:00 a.m. the following day Sunday through Thursday and after 12:00 midnight and before the hour of 6:00 a.m. Saturday and Sunday.

(2)   The provisions of subsection (1) shall not apply to any person under the age of 18 whose parent or legal guardian has renounced his or her right to the care, custody and earnings of that person or to any person under the age of 18 who is legally married.

(b)   The curfew restrictions set out in subsection (a) shall not apply under the following circumstances:

(1)   When the person under 18 years of age is accompanied by his or her parent or guardian;

(2)   When the person under 18 years of age is attending a church or school function or other activity organized or sponsored by and under the supervision of a church or school or sponsored by parents or while returning home from any such function or activity by way of the most direct route;

(3)   When the person under 18 years of age is going to or from a place of lawful employment by way of the most direct route;

(4)   When the person under 18 years of age is engaged in normal travel through, to or from the city to another destination.

(c)   Same; violations.

(1)   Any police officer finding a person under 18 years of age in violation of subsection (a) shall ascertain the name and address of the minor and warn the minor that he or she is in violation of the curfew and shall direct the minor to proceed at once to his or her home or usual place of abode.

(2)   If any minor refuses to heed the warning or direction by any police officer or refuses to give his or her correct name and address, he or she shall be taken to the police department and the parent, guardian or other adult having the care and custody of the minor shall be notified to come and take charge of the minor.

(d)   Same; permitting violation of curfew.

       It shall be unlawful for a parent, guardian or other person lawfully entitled to the care, custody or control of any person under 18 years of age to knowingly suffer or permit such person to violate this section.

(Ord. 184; Code 2016)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   Sound Amplification system means any radio, tape player, computer; compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the City of Overbrook, or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with the ordinances of the city of Overbrook;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities, which have the approval of the department of the city authorized to grant such approval.

(Ord. 369; Code 2016)

(a)   It shall be unlawful for any person to appear in any public place in this city in a state of nudity, or in any indecent or lewd dress, or to make an indecent exposure of his or her person, or to be guilty of any indecent or lewd act or behavior.

(b)   It shall be unlawful for any person, persons, firm, or corporation to knowingly manufacture, issue, sell, give, provide, lend, mail, deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material; or possess any obscene material with the intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material; or offer or agree to manufacture, issue, sell, give, provide, end, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material; or, produce, resent or direct any obscene performance or participate in a portion thereof which is obscene or which contributes to its obscenity.

(c)   Definitions.

Any material or performance is ‘obscene’ if, considered. as a whole, its predominate appeal is to prurient, shameful or morbid. interest in nudity, sex, excretion, sadism, or masochism, and the material is patently offensive and utterly without redeeming social value. Predominant appeal shall be judged. with reference to ordinary adults unless it appears from the character of the material of the circumstances of its dissemination to be intended. for distribution to children or other especially susceptible audience.

‘Material’ means any tangible thing which is capable of being used. or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner.

‘Performance’ means any play, motion picture, dance or other exhibition performed before an audience.

(Ord. 117; Code 2016)

(a)   It shall be unlawful for any person to ride, drive, use or operate a motorbike, bicycle. tricycle, skateboard. scooter. roller blades or roller skates on sidewalks running parallel to Maple Street within the area bounded by Santa Fe Trail Street on the north to Second Street on the south. Overbrook, Kansas.

(b)   For purposes of this section, a bicycle or tricycle includes tricycles or other three wheeled or four wheeled machines, whether operated by human power, electrical or fuel, but does not include vehicles being used in the transportation of physically challenged persons. Any operation of such a vehicle for physically challenged persons shall be done in a manner to not impede, impair or restrict the use of sidewalks by pedestrians.

(c)   Any person convicted, or that enters a plea of guilty. or “no contest” to a violation of this section shall be subject to a fine of not less than $10.00 nor more than $100.00.

(d)   Any police officer is authorized to seize, or cause to be removed, any motorbike, bicycle, tricycle, skateboard, scooter or similar vehicle being used in violation of this section, and the charge of removal and storage or impoundment of the motorbike, bicycle. tricycle, skateboard, scooter or similar vehicle shall be charged to the owner of said vehicle.

(Ord. 214; Code 2015)