What is the law on Criminal Trespass in Mission Municipal Court?
The City of Mission Kansas is governed by City Ordinances. City Ordinances are just another way of saying city laws. The City ordinances are written and voted on by the city council, if they pass through the legislative process then they become city ordinances. The problem with city ordinances is there is a lot of them, they cover all aspects of life within the city limits of Mission. That creates a general problem because the city council only meets a few times a month and doesn't have the time and resources to author and pass an entire city code one-by-one. To solve this problem the city of Mission, like most cities, adopted a a prewritten set of ordinances to cover nearly all conduct that the city wishes to criminalize. Here is the City Ordinance that adopted the "Uniform Public Offense Code"
"Section 215:010 Incorporation of the Uniform Public Offense Code
A. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Mission, Kansas, that a certain code known as the "Uniform Public Offense Code," 2023 Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such Articles, Sections, parts or portions as are hereby omitted, deleted, modified or changed."
After the city adopted the Uniform Public Offense Code, this became the law in the city of Mission prohibiting Criminal Trespass within the city limits. All cases involving alleged violations of this ordinance are heard in the Mission Municipal Court.
Sec. 6.7. Criminal Trespass
(a) Criminal trespass is entering or remaining upon or in any:
(1) Land, non-navigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;
(B) Such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
(C) Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.
(2) Public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
(b) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments 61 thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters, and other premises in the making of a survey; or
Railroad Property as defined in K.S.A. 21- 5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302 and amendments thereto.
(c) Criminal trespass is a Class B violation.
Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
(d) As used in this section:
Health care facility means any licensed medical care facility, certificated health maintenance organization, licensed mental health center or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients; and
Health care provider means any person:
(A) Licensed to practice a branch of the healing arts;
(B) Licensed to practice psychology;
(C) Licensed to practice professional or practical nursing;
(D) Licensed to practice dentistry;
(E) Licensed to practice optometry;
(F) Licensed to practice pharmacy;
(G) Registered to practice podiatry;
(H) Licensed as a social worker; or
(I) Registered to practice physical therapy (K.S.A. 21-5808)
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation