Kansas House Bill 2726

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Session of 2000
By Committee on Local Government


10             AN  ACT concerning common nuisances; relating to nudist camps, clubs
11             or buildings.
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


  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


  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.


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