At Monday's City Commission meeting, Commissioners deliberated on the amendment of Chapter 25, Article I of the City of Salina Code by adopting the 2023 Uniform Public Offense Code for Kansas Cities, as published by the League of Kansas Municipalities. This proposed change also entails the repeal of the existing Section 25-1.
The Uniform Public Offense Code for Kansas Cities (UPOC), an annual publication by the League of Kansas Municipalities, serves as a blueprint modeled after the state criminal code. It will become the primary reference for criminal ordinance enforcement for the Salina Police Department. The 2023 edition of the UPOC handbook has been released, incorporating updates from the 2023 legislative session regarding state criminal laws.
The proposed ordinance includes specific local amendments to the UPOC, namely:
- Section 9.1 "Disorderly Conduct" is amended by adding (d), which states "willfully throwing, depositing or placing any substance upon any property in which another has an interest without the consent of such other person, when such action does not constitute criminal damage to property."
- Section 10.5 "Unlawful Discharge of a Firearm" is amended by adding (b)(8), which states "this section shall not apply to the discharge of any firearm within or into the corporate limits of the city if the firearm is discharged by a legitimate gunsmith in pursuit of his or her trade; and adding (b)(9) which states this section shall not apply to the discharge of any firearm within or into the corporate limits of the city if the firearm is discharged by the Executive Director of the Salina Airport Authority, or his designee, on airport property for wildlife hazard reduction purposes pursuant to the Salina Municipal Airport Rules and Regulations."
- Section 10.6 "Air Gun, Air Rifle, Bow and Arrow, Slingshot, BB Gun or Paintball Gun" is amended by adding (b) establishing an exception for "instructional programs relating to shooting, discharging, or operating an air gun, air rifle, paintball gun, BB gun, bow and arrow, or slingshot, administered under the supervision of either (1) the city, by permit, upon city park property; or (2) an accredited educational institution upon appropriately zoned property owned by the educational institution."
Following recommendations from the City Prosecutor, several sections from the proposed ordinance will not be adopted due to existing City Code sections providing more specific prohibitions and stricter penalties. These sections include those related to sewer deposits and damage, barbed wire, smoke detectors, smoking regulations, and commercialization of wildlife.
Additionally, the City Prosecutor has declined to adopt certain sections related to crimes such as giving a worthless check, criminal use of a financial card, unlawful distribution and possession of controlled substances, and permitting dangerous animals to be at large. These offenses will instead be referred to the Saline County Attorney's Office for consideration and filing in Saline County District Court, as the Municipal Court lacks the necessary staffing and resources.
Furthermore, the City Prosecutor identified an error in UPOC 7.14(b)(4), specifically related to electioneering language. The proposed correction recommends aligning it with K.S.A. 25-2437(b), as amended during the 2022 legislative session, instead of referencing a nonexistent Section 2(b).
The motion to approve the Ordinance passed unanimously with a 5-0 vote.