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

(a)   It shall be unlawful for any child under the age of Eighteen years to wander, lounge, loaf, loiter, congregate in groups, or play in, about, or upon any public street, alley, sidewalk, vacant lot, park or other public place normally accessible to the general public for public use, whether on foot or in a vehicle or by any means of conveyance after the hour of twelve midnight and before the hour of six a.m. of the following morning unless accompanied by a parent, legal guardian or other person exercising legal custody of such child.

(b)   It shall be unlawful for a parent, legal guardian or other person lawfully entitled to the care, custody and control of any child under the age of eighteen years to suffer, permit or allow any such child to be in violation of the provisions of subsection (a).

(c)   Any parent or legal guardian found to be in violation of this section and upon conviction thereof, shall be fined an amount no less than $10.00 but not to exceed $50.00.

(Ord. 473; Ord. 485; Code 2018)

(a)   No person shall propel himself or herself or ride any skateboard, roller skates, roller blades, bicycles, or scooters, or ride motorized devices such as scooters, minibikes, etc. on any public sidewalk on Washington Street, or in the City Park whether on the sidewalks or other surfaces therein. In other public areas where riding or operating such wheeled devices on the sidewalk is not prohibited, pedestrians shall have the right of- way to use the sidewalk for pedestrian travel. “Motorized transportation” shall not include motorized wheelchairs or other devices used for handicapped persons or others with limited physical capacity.

(b)   No person shall propel himself or herself on any skateboard, scooter or roller blades on Washington Street (aka Main Street) or the public basketball court.

(c)   Bicycles and motorized devices are prohibited on the Skateboard Park.

(d)   Any person violating this article shall be deemed guilty of a misdemeanor, and is responsible to pay any fine levied as well as court costs, and restitution for any damage incurred. If the offender is less than 18 years of age, a parent or guardian will be contacted by telephone, personal visit, or written statement by a law enforcement officer within 24 hours. A first offense will receive a written warning if there is no physical damage. If there is physical damage, a ticket will be issued. A second offense will result in a ticket with the fine to be decided by the judge of not less than ten dollars ($10.00) and not more than one hundred ($100.00) plus court costs. A third offense will result in a ticket, fine, court costs, and the law enforcement officer impounding any such wheeled device found in the possession of the offender. If the offender is less than 18 years of age, a parent or guardian may write a request to the judge to have the wheeled device released. The judge at such time may deem the parent or guardian to be the violator of this section if there are further violations by their underaged child.

(Ord. 541; Code 2018)

(a)   It shall be unlawful for any person to dance on the public streets of the City of Marquette, Kansas. The governing body may, in its discretion, grant permission to responsible individuals or organizations to allow dancing on the streets of Marquette, Kansas, at such times and places as the governing body may determine.

(b)   Penalty. Any person or persons who shall be convicted of the violation of the terms hereof or shall fail to observe the requirements herein prescribed, shall upon conviction thereof, be found to be guilty of a misdemeanor and fined in any sum, not to exceed $100.

(Ord. 427; Ord. 565; Code 2018)

(a)   No person shall conduct himself in a riotous or disorderly manner or shall indecently expose himself in a lewd and lascivious manner in public or shall commit any nuisance on any street, alley sidewalk or any public or private property for the purpose of looking through any window or door on such property.

(b)   Every person convicted of a violation of this section shall be punished by a fine of not more than $100.

(Ord. 440; Code 2018)

(a)   As used in this section, “public place” means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.

(b)   A person commits the offense of “Loitering” if such person:

(1)   Wanders or remains in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog.

(2)   Engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.

(c)   Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangers substance or controlled dangerous substance analog includes, but is not limited to, conduct such as the following:

(1)   Repeatedly beckoning to or stopping pedestrians or motorists in a public place

(2)   Repeatedly passing objects to or receiving objects from pedestrians on one or more occasions passing any object to or receiving any object from a person in a public place. Violation of this section shall be a class “C” misdemeanor.

(Ord. 2019-007)

(a)   It shall be unlawful for any person to be found lurking, lying in wait or concealed in any house or other building or any yard, premises or street with the intent to do any mischief or to commit any crime or misdemeanor whatsoever.

(b)   It shall be unlawful for any person to loiter at nighttime or prowl around a dwelling house or any other place used wholly or in party for living or dwelling purposes, belonging to or occupied by another. This subsection applies only when a person is on another's property without permission. Violation of this section shall be a class “C” misdemeanor.

(c)   Squatting and illegal occupation of vacant structures, vehicles or lots. It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or any automobile, truck, railroad car or other vehicle, without owning the same, or without permission of the owner or person entitled to possession of the same, or sleep in any vacant lot during the hours of darkness. Violation of this section shall be a class “C” misdemeanor.

(Ord. 2019-007)

(a)   It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Marquette.

(b)   Any person, firm or corporation violating this ordinance, upon conviction for their first offense thereof, be deemed guilty of an infraction and may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) per violation. Any person, firm or corporation violating any provisions of this chapter for a second offense, and every offense thereafter, shall be deemed guilty of a misdemeanor and fined not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000.00).

(Ord. 2023-001)