§ 21-50. General definitions.

For the purpose of this article, the following definitions shall apply:

Dwelling means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one dwelling, and accessory buildings such as garages located on the same premises.

In or on the premises of any dwelling means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located.

Occupant means any person who lives in or has possession of, or holds an occupancy interest in, a dwelling; or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the dwelling; or recorded in the official records of the state, county or municipality as holding title to the dwelling; or otherwise having a control of the dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court.

Triggering event means any of the following:

(1)

An act or failure to act that would constitute a felony or misdemeanor codified in the laws of the State of Kansas in K.S.A. Chapters 21, 41 or 65;

(2)

Conviction or diversion of an individual on a felony or misdemeanor charge defined in K.S.A. Chapters 21, 41 or 65;

(3)

Any act or failure to act punishable by the imposition of fines and/or jail time under the ordinances of the City of Manhattan, except for previous violations of this article, violations of the standard traffic ordinance, and tobacco infractions; or

(4)

Conviction or diversion of an individual on any charge under the ordinances of the City of Manhattan punishable by the imposition of fines and/or jail time, except for previous violations of this article, violations of the standard traffic ordinance, and tobacco infractions.

Except that:

(1)

When an act or failure to act by an individual would constitute a triggering event under this section, and the same individual has been convicted or diverted on a charge arising from that act or failure to act, then both the act or failure to act and the conviction or diversion shall constitute a single triggering event;

(2)

No individual's own conviction or diversion shall constitute a triggering event under this section for the purposes of a concurrent or subsequent prosecution of that individual under this article; and,

(3)

No individual's own act or failure to act that would otherwise constitute a triggering event under this section shall constitute a triggering event against that individual if the individual has been or may be subject to prosecution for that act or failure to act.

(Ord. No. 6078, § 1, 7-6-99; Ord. No. 6814, § 1, 2-16-10)