(a)   Except as authorized by the Kansas Uniform Controlled Substances Act as set out at K.S.A. 65-4101 et seq., it shall be unlawful for any person to possess or have under such person’s control, any depressant, stimulant, or hallucinogenic drug as designated herein.

(b)   For purposes of this section, a depressant shall include the following substances:

(1)   Methaqualone

(2)   Amobarbital

(3)   Secobarbital

(4)   Phenobarbital

(5)   Phencyclidine

(c)   For purposes of this section, a stimulant shall include the following substances:

(1)   Amphetamine, its sales, optical isomers and salts, of its optical isomers;

(2)   Phenmetrazine and its salts;

(3)   Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(4)   Methylphenidate.

(d)   For purposes of this section, a hallucinogenic drug shall include the following substances:

(1)   3,4-methylenedioxy amphetamine;

(2)   5-methoxy-3,4-methylenedioxy amphetamine;

(3)   3,4,5-trimethoxy amphetamine;

(4)   Bufotenine;

(5)   Diethyltryptamine;

(6)   Diethyltryptamine;

(7)   4-methyl-2,5-dimethoxyamphetamine;

(8)   Ibogaine;

(9)   Lysergic acid diethylamide;

(10) Marijuana;

(11) Mescaline;

(12) Peyote;

(13) N-ethyl-3-piperidyl benzilate;

(14) N-methyl-3-piperidyl benzilate;

(15) Psilocybin;

(16) Psilocin;

(17) Tetrahydrocannabinols.

(Ord. 304, Sec. 1:4)

Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person to possess or have under such person’s control, following a prior conviction of such offense, any of the following:

(a)   Any depressant designated in Subsection (e) of K.S.A. 65-4105, Subsection (e) of K.S.A. 65-4107, Subsection (b) or (c) of K.S.A. 65-4109 or Subsection (b) of K.S.A. 65-4111, and amendments thereto;

(b)   Any stimulant designated in Subsection (f) of K.S.A. 65-4105, Subsection (d) (2), (d) (4) or (f) (2) of K.S.A. 65-4107 or Subsection (e) of K.S.A. 65-4109, and amendments thereto;

(c)   Any hallucinogenic drug designated in (d) of K.S.A. 6§4105 and amendments thereto or designated in Subsection (g) of K.S.A. 65-4107 and amendments thereto or designated in Subsection (g) of K.S.A. 65-4109 and amendments thereto;

(d)   Any substance designated in Subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in Subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto; or

(e)   Any anabolic steroids as defined in Subsection (f) of K.S.A. 65-4109, and amendments thereto Any person who violates this article after having been previously convicted of a Federal, State, or City enactment containing prohibition substantially similar to the prohibitions contained herein, shall, upon conviction be punished by incarceration in the Butler County Jail for a period of time not to exceed one (1) year and/or be sentenced to pay a fine in an amount not to exceed $2,500.00.

(Ord. 563; Code 2019)

(a)   No person within the city shall possess any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body, a controlled substance in violation of the Kansas Uniform Control Substances Act.

(b)   Drug paraphernalia shall include but not be limited to those items as designated within K.S.A. 65-4150.

(K.S.A. 65-4101 et seq.; Ord. 291, Sec. 1:2)

It shall be unlawful to enter, swim or remain in the confines of the Towanda Municipal Swimming pool after authorized hours.

(Ord. 261, Sec. 1; Code 2004)

(a)   Exceptions. It is unlawful for any person within the city limits to smell or inhale the fumes from any elements, compounds, or combinations of both elements and compounds as defined in subsection (d) for the purpose of causing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his or her brain or nervous system; provided that nothing in this article shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes as prescribed or administered by duly authorized personnel.

(b)   Possession. No person shall, for the purpose of violating subsection (a), use or possess for the purpose of so using, any of the elements, compounds or combination of both elements and compounds as defined in subsection (a).

(c)   Sale. No person shall sell, give or offer to sell or give to any other person any of the elements, compounds or combinations of both elements and compounds as defined in subsection (a) if he or she has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in subsection (a).

(d)   Definition. For the purpose of this article, elements and compounds or combination of both elements and compounds shall be defined as any material in a liquid, solid or gaseous state, which contains one or more of the following chemical materials: Hydrocarbons, to include but not limited to propane, benzene, toluene, alcohols, to include but not limited to methyl, ethyl isopropyl and butyl; volatile esters, to include but not limited to acetate, butyl acetate, amyl acetate; ketones, to include but not limited to acetone, methyl ethyl ketone, methyl isobutyl ketone; halogenated hydrocarbons, to include but not limited to chloroform, ethylene bichloride, freon; halogenated derivatives of hydrocarbons, to include but not limited to pentachlorophenol; ethers, to include but not limited to ethyl ethers; and any elements, compounds or combination of both elements and compounds that produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his or her brain or nervous system.

(e)   Violations — Penalty. Any person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment not to exceed one year or by both such fine and imprisonment.

(Ord. 446, Secs. 1:5)

(a)   Adult Entertainment means any live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer or other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, anus, female breast or breast below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered.

(b)   Adult Entertainment Business means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the membership organization, and including but not limited to business establishments identified as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, juice bar, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments, as classified and defined by the zoning and subdivision regulations of the City of Towanda, Kansas.

(c)   No adult entertainment business shall be permitted to operate upon premises which are located within 500 feet of a school, church, or licensed child care center. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment business premises to the nearest point on the property line of such school, church, or licensed child care center.

(Ord. 458; Code 2004)

Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:

(a)   Obtaining or exerting unauthorized control over property;

(b)   Obtaining by deception control over property;

(c)   Obtaining by threat control over property;

(d)   Obtaining control over property knowing the property to have been stolen by another.

The theft of property having value of $1,000 or more shall, upon conviction, be punishable by a sentence of up to one year incarceration in the Butler County Jail and/or a fine of up to $2,500.

(Ord. 562; Code 2019)

(a)   Domestic battery is hereby defined as:

(1)   Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or

(2)   Intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting, or angry manner.

(b)   A person who commits the crime of domestic battery, if, within the five years immediately preceding the commission of the crime, has been convicted of 2 or more times of the same offense, shall upon conviction thereof shall be sentenced to not less than 90 days nor more than one (1) year confinement to the Butler County Jail and fined not less than $1,000 nor more than $7,500. The Court shall require as a condition of a parole that such person enter into and complete a treatment program for domestic violence.

(c)   As used in this section:

(a)   Family or household means persons 18 years of age or older who are spouses, former spouses, parents or step parents and children or step children, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(b)   For the purposes of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, conviction includes being convicted of a violation of K.S.A. 21-3412a or any substantially similar Federal, State, or City enactment and also includes entering into a diversion or diverted judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of such enactment.

(K.S.A. 21-3412a; Ord. 564; Code 2019)