Session of 2000
HOUSE BILL No. 2726
By Committee on Local Government
1-27
10 AN ACT
concerning common nuisances; relating to nudist camps, clubs
11 or buildings.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) The following activities are hereby declared to be
com-
15 mon nuisances:
16 (1) The
conducting, maintaining, participating in, carrying on or en-
17 gaging in the operation of any nudist camp,
club, building or place used
18 to practice nudism, and all means,
appliances, fixtures, appurtenances,
19 materials and other property used for the
purpose of conducting, main-
20 taining or carrying on of such
practice.
21 (2) The
conducting, maintaining, participating in, carrying on or en-
22 gaging in the operation, while in the nude,
of any musical or theatrical
23 performance or sporting event and all
means, appliances, fixtures, ap-
24 purtenances, materials and other property
used for the purpose of con-
25 ducting, maintaining or carrying on of such
performance or event.
26 (b) The
provisions of this section shall apply to any nuisance de-
27 scribed in subsection (a) which is located
within five miles of any property
28 zoned for residential use.
29 (c) Any person
who permits, maintains or assists in maintaining such
30 common nuisance is guilty of a misdemeanor
punishable by imprisonment
31 for not more than one year or by a fine not
exceeding $25,000, or by
32 both. If the court finds that the owner of
real property knew or should
33 have known under the circumstances of the
maintenance of a common
34 nuisance on such property, in violation of
this section, and did not make
35 a bona fide attempt to abate such nuisance
under the circumstances, such
36 property shall be subject to a lien for,
and may be sold to pay all fines
37 and costs assessed against the occupant of
such building or premises for
38 any violation of this section. Such lien
shall be enforced immediately by
39 civil action, in any court having
jurisdiction, by the county or district
40 attorney of the county wherein such
building or premises may be located.
41 For purposes of this section, evidence of a
bona fide attempt to abate
42 such nuisance by the owner of the property
shall include, but not be
43 limited to, the filing of a written report,
by such owner or at such owner's
2
1 direction, to the local law
enforcement agency that the property is sus-
2 pected by the owner of the property
of being used in maintaining a com-
3 mon nuisance as set forth in K.S.A.
22-3901, and amendments thereto,
4 in violation of this section. If a
tenant of any building or premises uses
5 the building or premises, or any part
thereof, in maintaining a common
6 nuisance as hereinbefore defined, or
knowingly permits such use by an-
7 other, such use shall render void the
lease under which the tenant holds,
8 and shall cause the right of
possession to revert to the owner or lessor,
9 who may make immediate entry upon the
premises, or may invoke the
10 remedy provided for the forcible detention
thereof.
11 (d) The county or
district attorney in the county in which such nui-
12 sance exists, or is kept or maintained, may
maintain an action by injunc-
13 tion, in the name of the state of Kansas,
to abate and temporarily or
14 permanently to enjoin such nuisance. The
court shall have the right to
15 make temporary and final orders as in other
injunction proceedings. The
16 plaintiff shall not be required to give
bond in such action.
17 Upon final judgment
against the defendant, such court shall allow the
18 attorneys for the state of Kansas a
reasonable fee for prosecuting the
19 action which shall be taxed as costs and
also shall order that such camp,
20 club, building or place of any kind shall
be closed and padlocked for a
21 period of not less than three months nor
more than two years, and until
22 the owner, lessee, tenant or occupant
thereof shall give bond with suffi-
23 cient surety to be approved by the court
making the order, in the penal
24 sum of not less than $10,000, payable to
the state of Kansas, and condi-
25 tioned upon compliance with the provisions
of this section and that the
26 defendant and the defendant's surety will
pay all fines and costs assessed
27 against the defendant for any violation of
this section.
28 If any condition of
such bond is violated, the whole amount may be
29 recovered as a penalty for the use of the
state of Kansas. In such suit on
30 the bond, both principal and surety may be
joined as party defendants,
31 and satisfaction may be had from either of
them. In such action a notice
32 to nonresident defendants may be given by
publication as authorized by
33 law under the code of civil procedure, or
upon their agents for service in
34 this state, if any.
35 (e) As used in
this section, "nudism" means the act of a person or
36 persons congregating or gathering in the
presence of one or more persons
37 with such person's or persons' genitals
exposed as a form of social practice.
38 (f) The
provisions of this section shall not apply to:
39 (1) The exposure
of the genitals for medical or surgical treatment or
40 to determine the need for medical or
surgical treatment or to cleanse the
41 genitals if such treatment or cleansing is
performed by a person licensed
42 by the state board of healing arts to
practice medicine and surgery, by a
43 professional nurse, as defined by K.S.A.
65-1113, and amendments
3
1 thereto, or by a person under the
direction of such nurse or person li-
2 censed to practice medicine and
surgery;
3 (2) persons
who are married to each other.
4 Sec. 2. This act
shall take effect and be in force from and after its
5 publication in the Kansas
register.