ORDINANCE NO. POC-3385

AN ORDINANCE RELATING TO OFFENSES AGAINST THE PUBLIC PEACE OF THE CITY OF OVERLAND PARK, KANSAS; ADDING MUNICIPAL CODE SECTIONS 11.28.105, 11.28.106, 11.28.107 AND 11.28.108 RELATING TO NUISANCE PARTIES.

           BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS, AS FOLLOWS:

     Section 1.  Overland Park Municipal Code Section 11.28.105 is hereby added to read as follows:

Section 11.28.105. Definitions.

The following definitions apply to this division:

Nuisance party is a social gathering of five (5) or more people on residential property that results in any of the following occurring at the site of the gathering, on neighboring property or on an adjacent public street:

1. Unlawful sale, furnishing, possession or consumption of alcoholic beverages;
2. Violation of any of the provisions of O.P M.C. Chapter 7.08 relating to noise;
3. Conduct which constitutes assault or battery;
4. Property damage;
5. Littering;
6. Outdoor urination or defecation in a place open to public view;
7. The standing or parking of vehicles in a manner that obstructs the free flow of traffic upon public sidewalks, streets, or public right of way;
8. Conduct that threatens injury to persons or damage to property;
9. Unlawful use or possession of marijuana or any drug or controlled substance;
10. Trespassing on adjacent or adjoining property;
11. Indecent exposure;
12. Setting off fireworks; or
13. Discharging firearms.

"Permit" means to give permission to; or to allow by silent consent, by not prohibiting, or by failing to exercise control.

         Section 2.  Overland Park Municipal Code Section 11.28.106 is hereby added to read as follows:

Section 11.28.106. Nuisance parties prohibited.

It shall be unlawful for any owner or person having the right to possession of any residential premises, whether individually or jointly with others, to cause or permit a social gathering on the premises to become a nuisance party.

  Section 3.  Overland Park Municipal Code Section 11.28.107 is hereby added to read as follows:

Section 11.28.107. Police order to disperse.

It shall be unlawful for any person not domiciled at the site of the nuisance party to fail or refuse to leave the premises immediately after being told to leave by a police officer.

Section 4.  Overland Park Municipal Code Section 11.28.108 is hereby added to read as follows:

Section 11.28.108.  Continuation of Nuisance Party constituting separate violation.

 Continuation of a nuisance party an hour or more after an order to disperse has been given by police shall constitute a separate violation of 11.28.106.

         Section 5.  This Ordinance shall take effect and be in force as of the date of its passage, approval and publication as provided by law.

PASSED by the City Council this ____ day of _____________, 2022.

APPROVED by the Mayor this ____ day of ______________, 2022.

                                                                              CITY OF OVERLAND PARK, KANSAS

(SEAL)                                                                 Curt Skoog, Mayor

ATTEST:      APPROVED AS TO FORM:

                      (s) Eric Blevins                         

Elizabeth Kelley, City Clerk    Eric Blevins, Sr. Assistant City Attorney